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51 records in US in 1988
United States · United States Congress · 21 October 1988
Designates January 4, 1989, as National Commissioned Corps of the Public Health Service Centennial Day.
United States · United States Congress · 21 October 1988
Title I: Technical and Conforming Amendments to Health Omnibus Programs Extension of 1988 - Amends the Health Omnibus Programs Extention of 1988 to direct the Secretary of Health and Human Services to develop a uniform methodology for collection of, as well as to compile and analyze, certain data relating to health manpower shortages. Title II: Technical and Conforming Amendments to the Public Health Service Act - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to require each application for a grant, contract, or cooperative agreement in an amount exceeding a specified sum of direct costs for the dissemination of research findings or the development of research agendas to be submitted to a standing peer review group. Prohibits such applications from being submitted to any peer review group established to review applications for research, evaluation, or demonstration projects. Amends title IV (National Research Institutes) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish in the National Institute on Deafness and Other Communication Disorders the National Deafness and Other Communications Disorders Advisory Board. Requires the Advisory Board to be established not later than 90 days after the enactment of the National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988. Authorizes the Secretary to establish the Deafness and Other Communication Disorders Interagency Coordinating Committee. Makes provisions limiting the amounts obligated in any fiscal year for administrative expenses of the National Institutes of Health applicable to the National Institute on Deafness and Other Communication Disorders. Amends provisions of the Public Health Service Act, as amended by the National Deafness and Other Communications Disorders Act of 1988, to read as if similar amendments made by specified provisions of the Health Research Extension Act of 1988 and this Act had not been enacted. Removes provisions requiring that the Secretary, in making grants and entering into contracts for training, traineeships, and fellowships in general internal medicine and general pediatrics, give priority to applicants that demonstrate a commitment to coordination of curriculum development and resident teaching activities with the departments of family medicine where there is a department within the same school. Removes a prohibition on using certain funds, provided for educational assistance in the form of stipends to individuals from disadvantaged backgrounds, for schools of medicine, osteopathy, or dentistry. Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to permit, rather than require, the Secretary to make grants and enter into contracts relating to training of allied health professionals. Amends provisions relating to peer review of applications for grants and contracts concerning health care for rural areas to remove a requirement that the Secretary, in administering the peer review provisions, act through the Director of the Indian Health Service. Authorizes appropriations for a study of health manpower training needs in rural areas for FY 1989 rather than FY 1989 through 1991. Amends title XXIV (Health Services with Respect to Acquired Immune Deficiency Syndrome) of the Public Health Service Act to authorize appropriations for subacute care demonstration projects for FY 1989 through 1992 rather than FY 1988 through 1991. Title III: Technical and Conforming Amendment to Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act to declare that the Secretary of Health and Human Services, through the Commissioner of Food and Drugs, is responsible for executing such Act as well as for other stated responsibilities. Title IV: Miscellaneous - Makes amendments dependent upon the enactment of a specified bill containing the Nursing Shortage Reduction and Education Extension Act of 1988. (Such bill was not enacted.)
United States · United States Congress · 20 October 1988
Amends the Public Health Service Act to provide for the establishment of a Senior Biomedical Scientific Service Corps within the Food and Drug Administration (FDA), whose members: (1) shall be appointed based solely on the basis of distinction and achievement in the field of biomedical, clinical, or behavioral research; and (2) shall not be a part of the competitive service. Specifies the duties and compensation of members of the Corps. Treats continuous employment in the Corps immediately upon termination of service as a commissioned officer in the Public Health Service (PHS) Corps as service in the PHS Corps for purposes of retirement or separation for physical disability. Specifies that such employment shall not be considered as service under any other Federal retirement system. Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to make grants to, or enter into contracts with, any public or nonprofit academic institution, including schools of medicine, dentistry, veterinary medicine, and pharmacy, to enable such institutions to develop programs that will be used to train individuals in the field of regulatory review medicine and to provide financial aid to participants in such programs. Sets requirements for the award of grants and the use of grant funds. Requires each individual who receives grant funds to serve a specified obligated period of time as an FDA employee. States that if any such individual fails to comply within a reasonable period of time after the completion of training (as the Secretary shall prescribe by regulation), the United States shall be entitled to recover from such individual an amount determined in accordance with a formula to be prescribed through regulations issued by the Secretary. Authorizes to be appropriated such sums as necessary for FY 1989 through 1991 for such grants. Directs the Secretary to establish a Science Training Loan Repayment Program to repay the educational loans of students and graduates who agree to accept employment with the FDA for a period of obligated service. Establishes eligibility requirements for participation in the Program. Requires the Secretary to: (1) make such applications and information available to individuals desiring to participate in the Program; and (2) include a fair summary of the rights and liabilities of the participants, the damages to which the United States is entitled in case of the individual's breach of contract, and such other information as necessary for the individual to understand participation in the Program. Directs the Secretary to give priority to applications made by individuals: (1) who have training in regulatory review medicine and in a health profession or speciality determined by the Secretary to be needed by the FDA; and (2) who are committed to service with the FDA. Sets forth procedures for the approval of applications. Specifies the contents of contracts between the Secretary and the individual (including a provision that any financial obligation of the United States arising out of such a contract is contingent upon funds being appropriated for loan repayments). Specifies that: (1) a loan repayment provided for an individual under a written contract under the Program shall consist of payment of the principal, interest, and related expenses on government and commercial loans received by the individual for tuition, reasonable educational expenses (such as fees, books, and laboratory expenses), and reasonable living expenses as determined by the Secretary; (2) for each year of obligated service that an individual contracts to serve, the Secretary may pay up to $20,000 on behalf of such individual for loans; and (3) any arrangement made by the Secretary for making loan repayments under this Act shall provide that repayments for a year of obligated service shall be made by the end of the fiscal year in which the individual completes such year of service. Authorizes the Secretary: (1) on the request of the individual, to make payments to such individual in a reasonable amount, as determined by the Secretary, to reimburse such individual for all or part of any increased tax liability incurred as a result of participation in the Program; and (2) to enter into an agreement with the holder of any loan for which payments are made under the Program to establish a schedule for the making of payments. Provides that individuals who have entered into such contracts with the Secretary, while undergoing academic or other training, shall not be counted against any employment ceiling affecting the Department. Directs the Secretary, by March 1 of each year, to submit to the Congress a report specifying: (1) the number, and type of health profession training, of individuals receiving loan payments under the Program; (2) the educational institutions at which such individuals are receiving and have received their training; (3) the number of applications filed under the Program; and (4) the amount of loan payments made on behalf of individuals under the Program. Requires each individual who has entered into a written contract with the Secretary to provide service as a full-time employee of the FDA for the period of obligated service provided in such contract. Establishes procedures for: (1) determining if the individual shall provide such service as a member of the Commissioned Corps of the PHS or as a civilian employee of the United States; and (2) notifying such individual. Specifies that an individual shall be considered to have begun serving a period of obligated service on the date of appointment. Sets forth a formula for calculating penalties applicable to an individual who breaches such contract by failing to begin or complete such service obligation. Provides for: (1) the waiver or suspension of service or payment obligations in cases of impossibility or extreme hardship; and (2) release of obligations for payment of damages by discharge in bankruptcy under specified circumstances. Authorizes the Secretary to pay an individual who has entered into such an agreement an amount to cover all or part of the individual's expenses reasonably incurred in transporting himself, his family, and his possessions to the location of his duty station. Authorizes to be appropriated such sums as necessary for FY 1989 through 1991. Establishes the Food and Drug Administration Distinguished Services Science Award to be given to dedicated scientists employed by the FDA who have: (1) creatively and expeditiously approved lifesaving products; or (2) discovered other ways to protect society from unforeseen health hazards.
United States · United States Congress · 14 October 1988
Amends part A (General Provisions) of title XI of the Social Security Act to authorize the Secretary of Health and Human Services to exclude physicians who violate Federal Food, Drug, and Cosmetic Act regulations governing the investigational use of new drugs from participation in the Medicare program (title XVIII of the Social Security Act) and State health care programs.
United States · United States Congress · 13 October 1988
Health Omnibus Programs Extension of 1988 - Title I: National Institute on Deafness and Other Communcation Disorders and Health Research Extension Act of 1988 - National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988 - Subtitle A: National Institute on Deafness and Other Communication Disorders - Amends title IV (National Research Institutes) of the Public Health Service Act to establish the National Institute on Deafness and Other Communication Disorders (Institute) as an agency of the National Institutes of Health (NIH). Removes communicative disorders from the title and purpose of the National Institute of Neurological and Communicative Disorders and Stroke. Requires the Director of the Institute, with the advice of the Institute's advisory council, to establish a National Deafness and Other Communications Disorders Program (Program). Requires the Director to prepare and transmit to the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting disorders of hearing, balance, voice, speech, language, taste, and smell. Describes the minimum activities of the Program. Requires the Director to establish a National Deafness and Other Communication Disorders Data System for the collection, storage, analysis, retrieval, and dissemination of data and a National Deafness and Other Communication Disorders Information Clearinghouse. Requires the Director, after consultation with the advisory council, to provide for the development, modernization, and operation of new and existing centers for studies of disorders of hearing and other communication processes. Sets forth requirements for the centers, including conducting research and training programs and information and continuing education programs for health professionals, and public information programs. Authorizes centers to provide stipends for health professionals in their training programs. Describes other programs the centers may undertake. Requires the Director to provide for an equitable geographical distribution of centers and to give appropriate consideration to the need for centers for the elderly and for children. Limits support of a center to seven years, with one or more additional periods of not more than five years, if recommended by a peer review group established by the Director, with the advice of the advisory council. Subtitle B: Biotechnology Information - Amends part D (National Library of Medicine) of title IV of the Public Health Service Act to establish the National Center for Biotechnology Information to focus and expand the collection, storage, retrieval, and dissemination of the results of biotechnology research by information systems and to support the development of new information technologies regarding the molecular processes that control health and disease. Authorizes appropriations for FY 1989 and 1990. Subtitle C: National Institutes of Health - Authorizes the Secretary, acting through the Director of the National Institutes of Health (NIH), to establish scientific program advisory committees without regard to Federal law governing appointments in the competitive service, classification, and pay rates. Adds to the list of elements mandated for inclusion in the biennial report to the President and the Congress regarding the NIH a requirement of a description of the health related behavioral research supported by the NIH in the preceding two-year period and a description of any plans for future activity in such area. Subtitle D: General Provisions Respecting National Research Institutes - Revises provisions relating to the authority of the directors of the national research institutes to: (1) establish technical and scientific peer review groups and appoint their members; and (2) publish information with respect to the purpose of the Institute without regard to provisions of Federal law requiring all Government printing to be done by the Government Printing Office. Declares that the ex officio members of each national research institute's advisory council shall be nonvoting members. Changes the makeup of: (1) the advisory councils which the Secretary must appoint for each research institute; and (2) the National Cancer Advisory Board. Authorizes appropriations for the National Cancer Institute and the National Heart, Lung, and Blood Institute for FY 1989 and 1990. Requires, for FY 1989 and subsequent fiscal years, that amounts available to the NIH be available for payment of nurses and allied health professionals in accordance with authorities provided, under specified provisions of Federal law, for nurses of the Veterans' Administration. Subtitle E: National Cancer Institute - Amends provisions stating the purpose of the National Cancer Institute to include rehabilitation from cancer. Makes miscellaneous changes to the special authorities of the Director of the National Cancer Institute relating to the provision of information to the public, patients, and physicians, incorporation of state-of-the-art cancer treatments into clinical practice, maintenance and operation of the International Cancer Research Data Bank, and the services of experts or consultants. Amends provisions relating to grants for cancer research and demonstration centers to add control of cancer as one of their purposes. Subtitle F: National Heart, Lung, and Blood Institute - Requires the Director of the National Heart, Lung, and Blood Institute to place special emphasis on collaborative efforts with both the public and private sectors to: (1) increase awareness and knowledge regarding prevention of heart and blood vessel, lung, and blood diseases and the utilization of blood resources; and (2) develop and disseminate information designed to encourage adults and children to adopt healthful habits concerning the prevention of such diseases. Authorizes the National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program to establish certain types of programs involving rehabilitation from such diseases. Requires consultation with (currently approval of) the Institute's advisory council before the Director may obtain the services of experts or consultants. Authorizes the national research and demonstration centers for heart, blood vessel, lung, and blood diseases, sickle cell anemia, and blood resources to engage in rehabilitation activities. Repeals provisions authorizing the Secretary of Health and Human Services to establish an Interagency Technical Committee on Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources. Subtitle G: National Institute of Diabetes and Digestive and Kidney Diseases - Removes a provision requiring that the National Diabetes Advisory Board, the National Digestive Diseases Advisory Board, and the National Kidney and Urologic Diseases Advisory Board expire on September 30, 1988. Subtitle H: National Institute of Arthritis and Musculoskeletal and Skin Diseases - Adds skin diseases to the provisions dealing with the plan and activities of the national arthritis and musculoskeletal diseases program. Adds rehabilitation to the responsibilities of multipurpose arthritis and musculoskeletal disease centers. Subtitle I: National Institute on Aging - Requires the Director of the National Institute on Aging to enter into cooperative agreements and to make grants for the development or expansion of centers of excellence in geriatric research and training of researchers. Transfers to the Public Health Service Act specified provisions of the Alzheimer's Disease and Related Dementias Services Research Act of 1986 relating to the National Institute on Aging. Subtitle J: National Library of Medicine - Authorizes appropriations for grants and contracts under specified provisions relating to the National Library of Medicine for FY 1989 and 1990. Increases the limit on the amount of grants for establishing, expanding, and improving the basic resources of medical libraries and related instrumentalities. Subtitle K: Awards and Training - Authorizes appropriations for payments under National Research Service Awards and under grants for such awards for FY 1989 and 1990. Subtitle L: Fetal Research Moratorium - Sets at 24 months after enactment of this Act the termination of the moratorium on the Secretary's authority to grant, under specified Federal regulations, a modification or waiver for fetal research. Extends the repeal of this provision to October 31, 1990. Authorizes appropriations for the Biomedical Ethics Board and the Biomedical Ethics Advisory Committee for FY 1989 and 1990. Changes the due date for a report by the Biomedical Ethics Advisory Committee regarding the nature, advisability, and biomedical and ethical implications of exercising any waiver of the risk standard in specified Federal regulations to 24 months after enactment of this Act. Subtitle M: Miscellaneous - Directs the Secretary, through the Director of the Centers for Disease Control (CDC), to conduct a study of thyroid morbidity of the population in the vicinity of Hanford, Washington, during the years 1944 through 1957. Requires the Director to establish a peer review committee to make, along with the CDC, determinations as to the conduct of the study. Allows the Director to contract out any portion of the study, except that the contractor may not have any direct or indirect interest in the outcome of the study, including current or former contracts with the Department of Energy which represent a conflict of interest or the appearance of such conflict. Sets forth reporting requirements. Directs the Secretary to establish a National Commission on Sleep Disorders Research to conduct a study and develop a long range plan for the use and organization of national resources to deal with sleep disorders research and medicine. Sets forth reporting requirements. Terminates the Commission 30 days after submission of its final report. Empowers the Secretary to authorize persons engaged in biomedical, behavioral, clinical, or other research to protect the privacy of individuals who are the subject of the research by withholding identifying information about such individuals. (Current law empowers the Secretary to so authorize persons engaged in mental health research, including research involving alcohol and other psychoactive drugs.) Title II: Programs with Respect to Acquired Immune Deficiency Syndrome - AIDS Amendments of 1988 - Subtitle A: Research Programs - Amends the Public Health Service Act to create a new title on research with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services, not later than December 1 of each year, to submit to the Congress a report on expenditures by the Secretary with respect to AIDS. Specifies information to be included. Directs the Secretary to expedite the award of grants, contracts, and cooperative agreements for research projects relating to acquired immune deficiency syndrome (AIDS). Provides for time limitations for submission of and final action on applications submitted in response to a solicitation by the Secretary. Allows the Secretary to adjust the limitations. Requires annual and, for FY 1989, quarterly reports regarding time limitations and processing of applications. Requires the Director of the Office of Personnel Management (OPM) or the Administrator of General Services to respond within 21 days to any request for the allocation of personnel or for administrative support to carry out activities with respect to AIDS (priority requests) made by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), the Director of the Centers for Disease Control (CDC), the Commissioner of Food and Drugs, or the Director of the National Institutes of Health (NIH). Requires such requestors to transmit a copy of each priority request to the Secretary and the Assistant Secretary for Health. Directs the Secretary, through the Director of the National Institute of Allergy and Infectious Disease (NIAID), to establish the AIDS Clinical Research Review Committee to: (1) advise the Director on research; and (2) review research, issue reports, conduct studies, and convene meetings regarding clinical treatment. Directs the Secretary, through the Directors of the National Cancer Institute (NCI) and the NIAID, to establish in each Institute a clinical evaluation unit. Authorizes appropriations. Directs the Secretary, if the Secretary determines that there is preliminary evidence that a new drug has effectiveness in humans with respect to the prevention or treatment of AIDS, to encourage an application for an exemption for investigational use of the new drug under regulations issued under the Federal Food, Drug, and Cosmetic Act. Requires the AIDS Clinical Research Review Committee to make recommendations to the Secretary with respect to new drugs appropriate for such a determination. Directs the Secretary, in the case of a drug for which such an exemption is in effect to encourage licensed medical practitioners to use the drug in the treatment of individuals who are infected with the etiologic agent and who are not participating in the clinical trials under the exemption. Authorizes the Director of the NIH, through the NIAID, to make grants and enter into contracts for planning and conducting, in the community involved, of clinical trials of experimental treatments for infection with the etiologic agent that are approved by the Commissioner of Food and Drugs for investigational use. Requires such community-based clinical trials to: (1) include specified types of activities; (2) be approved by the Commissioner, an Institutional Review Board, and the Director of the NIAID; and (3) be designed to encourage participation by and support from private industry and schools of medicine. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to establish a program for the evaluation of drugs which are not approved by the Commissioner for AIDS treatment and which are being used by individuals infected with the etiologic agent for AIDS. Authorizes the Secretary to make grants and enter into contracts and cooperative agreements for the purpose of conducting the drug evaluations. Includes as eligible for the grants, contracts, and agreements nonprofit private organizations established for the purpose of evaluating AIDS treatments and consisting primarily of individuals infected with the etiologic agent for AIDS. Directs the Secretary to establish scientific and ethical guidelines for the evaluations. Authorizes appropriations. Directs the Secretary to make grants to and enter into contracts with international organizations concerned with public health: (1) through the Director of the NIH, for international research on vaccines and treatment; and (2) through the Director of the CDC, to support projects for training individuals in skills and technical expertise and to support epidemiological research. Authorizes the provision of technical assistance for foreign governments. Requires support provided by the Secretary to be in furtherance of the World Health Organization's Special Programme on Acquired Immunodeficiency Syndrome. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary, through the Director of NIAID, to make grants and enter into contracts for centers for basic and clinical research into, and training in, advanced diagnostic, prevention, and treatment methods for AIDS. Prohibits the grants and contracts from being used to provide training for which National Research Service Awards may be provided. Authorizes appropriations. Directs the Secretary to: (1) establish and operate a program with respect to information on research, treatment, and prevention activities relating to infection with the etiologic agent; (2) provide for toll-free telephone communcations to provide information with respect to AIDS to health care professionals, allied health care providers, and professionals providing emergency health services; (3) establish a data bank of information on the results of AIDS research; and (4) establish a data bank of information on clinical trials and treatments with respect to infection with the etiologic agent for AIDS. Authorizes the Secretary to make grants for projects to develop model protocols for the clinical care of individuals infected with the etiologic agent. Requires that a grantee either be a provider of comprehensive primary care or agree to enter into a cooperative arrangement with such an entity. Prohibits a grantee who routinely imposes a charge for services under the grant from imposing the charge on an individual who is unable to pay the charge. Authorizes appropriations. Requires the Secretary to establish a program of research and education regarding blood donations and transfusions. Requires the education programs to be directed at health professionals, patients, and the community. Authorizes the Secretary, acting through the Director of the CDC, directly or through cooperative agreements and contracts, using representative sampling and other methods, to provide for the continuous collection of data on the U.S. incidence of AIDS and of infection with the etiologic agent. Directs the Secretary to encourage each State to enter into a cooperative agreement or contract with the Secretary. Requires publication of the data collected at least once a year. Directs the Secretary, through the Director of the CDC, to develop an epidemiological data base and provide for long-term studies. Authorizes grants, contracts, and cooperative agreements. Authorizes grants for long-term research into treatments for AIDS developed from knowledge of the genetic nature of the etiologic agent for AIDS. Directs the Secretary, through the Director of the National Institute of Mental Health, to make grants for scientific research into the psychological and social sciences as such sciences relate to AIDS. Authorizes appropriations. Directs the Secretary, through the Director of the CDC, to establish fellowship and training programs to develop skills in epidemiology, surveillance, testing, counseling, education, information, and laboratory analysis relating to AIDS. Directs the Secretary, through the Director of the National Institute of Mental Health, to conduct or support fellowship and training programs to train individuals at the graduate or postgraduate level to conduct scientific research into the psychological and social sciences as such sciences relate to AIDS. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary, acting through the Director of the NIH, to: (1) establish and provide administrative and support services to an Office of AIDS Research, to be headed by a Director appointed by the Director of the NIH; (2) coordinate activities relating to AIDS conducted by the national research institutes and the agencies of the NIH; and (3) develop and expand clinical trials of treatments and therapies for infection with the etiologic agent for AIDS, including for women, infants, children, hemopheliacs, and minorities. Authorizes the Director to: (1) establish or support efforts using specialized biological materials; (2) support research and training outside the United States; (3) encourage and coordinate research by industrial concerns; (4) acquire and maintain real and personal property; (5) make grants for the construction or renovation of facilities; (6) acquire buildings in or around the District of Columbia; and (7) enter into contracts and cooperative agreements as necessary to expedite and coordinate research. Sets forth reporting requirements. Requires the Director of the NIH to establish projects to promote cooperation in research. Defines "infection with the etiologic agent for acquired immune deficiency syndrome," for the purposes of the new title added by this title, to include any condition arising from infection with the etiologic agent for such syndrome. Mandates specified minimum numbers of additional personnel for the Public Health Service, subject to appropriations. Directs the Secretary to report to the Congress not later than 90 days after enactment of this Act regarding the allocation of such personnel among the agencies of the Public Health Service. Repeals these provisions effective October 1, 1990. Directs the Secretary, through the Director of the CDC, to conduct a study of AIDS mortality rates among various groups, among geographic areas, and among individuals with varying financial resources for the payment of health care services. Directs the Secretary to request the National Academy of Sciences and other similar institutions to report regarding the establishment of consortia for research and development. Sets forth reporting requirements. Subtitle B: Health Services - Amends the Public Health Service Act to create a new title on health services with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services, for each of the FY 1989 and 1990, to make an allotment for each State. Defines "eligible individual" as an individual infected with the etiologic agent for AIDS who either is medically dependent or chronically dependent. Requires that a State agree that, in using payments under the allotment, it will: (1) provide for home and community-based health services for eligible individuals under written plans; (2) provide for outreach to eligible individuals; (3) provide for coordinating similar services by public and private entities; and (4) give priority to outreach and services to eligible individuals with low incomes. Authorizes a State to provide such services through grants to public and nonprofit private entities and through contracts with public and private entities, giving priority to public and nonprofit private entities with experience delivering such services to individuals with the etiologic agent. Requires that States submit a description of the intended uses of a grant. Sets forth restrictions on the use of a grant, including limiting payments for a fiscal year to a State to not more than 65 percent of the national average payment for extended care services under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Sets forth reporting requirements. Requires States to provide for a financial and compliance audit. Requires that the reports and audits be available for public inspection. Directs the U.S. Comptroller General, from time to time, to evaluate the expenditures by the States. Requires that a State agree that: (1) its legislature will conduct public hearings on the proposed use and distribution of the payments; (2) if charges are imposed for the home and community-based services, the charges will be set forth in a public schedule, they will not be imposed on individuals with incomes below the official poverty line, and the charges will be adjusted to reflect to income of individuals with incomes above the poverty line; (3) the State will provide for periodic independent peer review of the services provided; (4) the State will cooperate with Federal investigations under provisions of this Act; (5) the State will expend for such services for persons infected with the etiologic agent not less than the average level of such expenditures for the previous two years; and (6) the State will not make payments from allotments for any item or service covered by another source. Sets forth a formula for determination of the amount of allotments. Provides for repayment or withholding of payments for failure to comply with agreements. Directs the Secretary to conduct investigations of compliance. Provides for criminal penalties for certain false statements. Authorizes the Secretary to provide to a State: (1) technical assistance without charge; and (2) supplies and services in lieu of grant funds. Sets forth reporting requirements. Authorizes appropriations for FY 1989 and 1990. Repeals provisions of this Act relating to grants from allotments to States for home and community-based health services, effective with respect to appropriations made for any period after fiscal year 1990. Defines "patients infected with the human immunodeficiency virus" as persons who have or are recovering from a disease attributable to infection with the human immunodeficiency virus (HIV), resulting in a need for subacute-care services. Directs the Secretary to conduct three demonstration projects to determine the effectiveness and cost of providing subacute-care services to patients infected with HIV, and the impact of the services on the health status of the patients. Requires subacute-care services to be designed to meet the specific needs of the patients, including: (1) care and treatment by providing subacute care, emergency medical care and specialized diagnostic and therapeutic services, and case management services; and (2) technical assistance directed towards education and training of physicians, nurses, and other health care professionals. Requires the demonstration projects to be conducted during a four-year period beginning not later than nine months after enactment of this provision at geographically diverse sites that have the highest incidence of AIDS and the greatest need for subacute-care services. Sets forth reporting requirements. Requires each demonstration project to provide for other research to be carried out at the site of the project, including clinical research on AIDS, concentrating on the neurological manifestations resulting from HIV infection, and the study of the psychological and mental health issues related to AIDS. Authorizes appropriations for FY 1988 through 1991. Directs the Secretary to enter into an agreement with the Administrator of Veterans Affairs to ensure the furnishing, through demonstration projects, of services to eligible veterans under specified provisions. Authorizes the Secretary to make grants to States to provide opportunities for individuals to undergo counseling and testing with regard to the etiologic agent: (1) without being required to provide identification; and (2) through the use of a pseudonym. Requires grantees to provide counseling which includes coverage of specified points before testing, after a negative test result, and after a positive test result. Requires grantees, where appropriate, to provide opportunities for women, children, hemophiliacs, and emergency response employees to undergo counseling under conditions appropriate to their needs. Allows grantees to use the grant to provide counseling without testing. Requires all individuals receiving counseling under these provisions to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. Prohibits funds from being used to provide counseling that is designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous drug abuse, but declares that this may not be construed to prohibit a counselor from providing accurate information about means to reduce an individual's risk of exposure to, or the transmission of, the etiologic agent, provided any informational materials used are not obscene. Authorizes appropriations for such counseling and testing grants to States for FY 1989 and 1990. Authorizes the Secretary to make grants for demonstration projects for the development, establishment, or expansion of programs to provide counseling and mental health treatment for individuals with a positive test result, and for their families and others, who experience serious psychological reactions. Mandates that the counseling include counseling relating to prevention of exposure to, and the transmission of, the etiologic agent. Allows the grants to be used to train individuals to provide the counseling and mental health treatment. Directs the Secretary, subject to appropriations, to make a minimum of six grants for FY 1989. Authorizes the Secretary, acting through the Director of the National Institute of Mental Health, to provide technical assistance and administrative support to grantees. Authorizes appropriations for FY 1989 through 1991. Subtitle C: Prevention - Amends the Public Health Service Act to create a new title on prevention of acquired immune deficiency syndrome (AIDS). Requires all programs of education and information receiving funds under this title to include information about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. Prohibits funds from being used to provide education or information designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous substance abuse, but declares that this may not be construed to restrict the ability of an education program to provide accurate information about various means to reduce an individual's risk of exposure to, or the transmission of, the etiologic agent for AIDS, provided any informational materials used are not obscene. Directs the Secretary of Health and Human Services, for each of the FY 1989 through 1991, to make an allotment for each State to: (1) develop, establish, and conduct public information activities relating to prevention and diagnosis for those populations or communities at risk; (2) develop, establish, and conduct public information activities for the general public relating to prevention and diagnosis; (3) develop, establish, and conduct risk reduction activities, including prevention research; (4) conduct demonstration projects for prevention; (5) provide technical assistance to public and nonprofit private entities, schools, and employers in the development of information programs; (6) conduct education and training programs, relating to prevention, for health professionals, including allied health professionals, public safety workers, including emergency response employees, teachers, school administrators, and other education personnel; (7) conduct education programs for school-aged children, after consulting with the local school board; (8) make information available to physicians and dentists, updated at least annually, including measures for the prevention of exposure to, and the transmission of, the etiologic agent; (9) carry out the initial implementation of the guidelines and model curriculum developed under specified provisions of this Act; and (10) make grants for education programs directed toward individuals at increased risk and risk reduction activities. Requires States to: (1) submit to the Secretary a description of the intended uses of the payments; and (2) make that description open to public comment. Sets forth: (1) restrictions on the uses of the payments; (2) reporting and auditing requirements; and (3) a requirement of evaluations by the U.S. Comptroller General. Sets forth additional required agreements by the State, including that: (1) information provided will be scientifically accurate and factually correct; (2) in a State with a substantial number of intravenous substance abusers, the State will place priority on activities directed at them; (3) in a State with a significant incidence of AIDS, the State will expend specified percentages for grants and contracts, with specified subportions of that going to entities located in and representative of communities and subpopulations reflecting the local incidence of AIDS: (4) programs under grants will contain material and be presented in a manner specifically directed toward the intended group, and be planned in consultation with local officials and organizations comprised of and representing the specific population to which the effort is directed; and (5) the State will maintain expenditures at a level not less than the average for the preceding two-year period. Sets forth a formula for determining the amount of allotments. Provides for: (1) measures to be taken if a State fails to comply with agreements; and (2) criminal penalties for certain false statements. Authorizes the Secretary to provide technical assistance to the States and to provide, on request of a State, supplies and services in lieu of grant funds. Authorizes appropriations for FY 1989 through 1991. Requires the Secretary, through the Director of the CDC, to annually prepare a comprehensive plan, including a budget, for a National Acquired Immune Deficiency Syndrome Information Program. States that the authority of the Director to carry out the Program and the plan is not the exclusive authority for the Director to carry out information activities regarding AIDS. Authorizes the Secretary, through the Director of the CDC, to establish a clearinghouse to make information on AIDS available to Federal agencies, States, public and private entities, and the general public. Allows the clearinghouse to: (1) develop and obtain educational materials, model curricula, and methods regarding reducing the transmission of the etiologic agent; (2) provide instruction and support for individuals who provide instruction regarding prevention of AIDS; and (3) conduct evaluations of such materials, curricula, and methods. Directs the Secretary to provide for toll-free, 24-hour telephone communications to provide AIDS information to the public. Authorizes the Secretary, through the Director of the CDC, to make grants to public and private nonprofit entities and directs the Secretary to enter into contracts with public and private entities for the development and dissemination of public service announcements and paid advertising messages that warn individuals about activities which place them at risk of becoming infected with the etiologic agent. Authorizes the Secretary to make grants to public and nonprofit private entities, migrant health centers, and community health centers to assist in providing information on AIDS to underserved populations, giving preference to applicants who have the ability to disseminate the information rapidly. Authorizes appropriations for specified information programs for FY 1989 through 1991. Directs the Secretary, from amounts appropriated, to make specified sums available for assistance to minority entities for provision of services to minority populations. Subtitle D: National Commission on Acquired Immune Deficiency Syndrome - National Commission on Acquired Immune Deficiency Syndrome Act - Establishes the National Commission on Acquired Immune Deficiency Syndrome to: (1) promote the development of a national consensus on policy concerning acquired immune deficiency syndrome (AIDS); and (2) study and make recommendations for a consistent national policy concerning AIDS. Declares that the Commission shall succeed the Presidential Commission on the Human Immunodeficiency Virus Epidemic. Requires the Commission to: (1) monitor the implementation of the recommendations of the Presidential Commission; (2) evaluate the financing of health care and research needs relating to AIDS; (3) evaluate Federal adequacy of the dissemination of information on AIDS; (4) address behavioral changes needed to combat AIDS; (5) evaluate Federal and State laws on civil rights relating to AIDS; (6) evaluate the adequacy and capability of the Federal Government to make and implement policy concerning AIDS (and possibly other known and unknown diseases in the future), including research and treatment, availablity of clinical trials, education and the financing thereof, and including specifically the streamlining of rules, regulations, and administrative procedures; and (7) evaluate international coordination and cooperation concerning AIDS. Requires the Commission to file with the President and the appropriate committees of the Congress, an interim report one year and a final report two years after the Commission is fully constituted. Authorizes appropriations for FY 1989 and in subsequent fiscal years as necessary. Terminates the Commission 30 days after submission of its final report. Authorizes the President to extend the life of the Commission for not more than two years. Subtitle E: General Provisions - Directs the Secretary of Health and Human Services, through the Director of the Office of Minority Health, to conduct a study of the level of knowledge within minority communities concerning AIDS and the effectiveness of Federal, State, and local AIDS prevention programs. Sets forth reporting requirements. Directs the Secretary, through the Director of the Centers for Disease Control (CDC), to establish an office to ensure that the Secretary develops and implements AIDS prevention programs targeted at minority populations and provides appropriate technical assistance. Directs the Secretary, not later than 90 days after enactment of this title, through the Director of the CDC, to develop and disseminate emergency guidelines to all health workers and public safety workers, including emergency response employees (EREs), concerning reduction of the risk in the workplace of becoming infected with the etiologic agent. Directs the Secretary to transmit the guidelines to the Secretary of Labor for use in standards issued under the Occupational Safety and Health Act of 1970. Directs the Secretary of Health and Human Services, not later than 90 days after enactment of this title, through the Director of the CDC, to develop a model curriculum for EREs with respect to the prevention of exposure to the etiologic agent during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the model curriculum. Authorizes the Secretary to make grants to nonprofit organizations composed of, or representing, health care providers for training such providers in infection control procedures to reduce the transmission of the etiologic agent for AIDS and in the provision of care and treatment to individuals with AIDS or related illnesses. Limits the grants to entities which will provide services in a geographic area or to a population not served by a substantially similar program. Requires non-Federal matching contributions in a specified ratio, in cash or in kind. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide technical assistance to public and nonprofit private entities carrying out programs, projects, and activities relating to AIDS. Amends the Public Health Service Act to add the Administrator of Health Resources and Services to the list of individuals with whom the Secretary must consult before determining that a public health emergency exists. Authorizes appropriations sufficient to increase by 50 percent the amount of the standard level to be in the Public Health Emergency Fund at the beginning of each fiscal year. Prohibits funds provided under this Act from being used to provide individuals with hypodermic needles or syringes so that they may use illegal drugs, unless the Surgeon General determines that a demonstration needle exchange program would be effective in reducing drug abuse and the risk that the public will become infected with the etiologic agent for AIDS. Requires the Congressional Biomedical Ethics Board to report to the Congress on the ethical issues connected with the administration of nutrition and hydration to dying patients. Directs the Secretary to conduct a study of the laws and policies of the States relating to: (1) confidentiality and disclosure of information with respect to records of the counseling and testing of individuals regarding the etiologic agent; and (2) discrimination against individuals infected with or regarded as being infected with the etiologic agent. Sets forth reporting requirements. Title III: Preventive Health, Health Services, and Health Promotion - Subtitle A: Preventive Health and Health Services - Amends the Public Health Service Act to authorize appropriations for FY 1989 through 1991 for preventive health and health services block grants. Amends provisions specifying the uses for such grants to include grants related to elevated serum cholesterol, chronic diseases, immunization services, communications equipment for emergency medical services systems, and uterine and breast cancer. Requires that the annual application mandated by current law include a statement of the public health objectives expected to be achieved through the use of the payments. Specifies additional information and evaluations which must be included in the annual report mandated by current law. Allows grants for demonstration projects for emergency medical services for children to be for not more than a two-year period, subject to annual evaluation by the Secretary of Health and Human Services. (Current law limits such grants to a one-year period and makes no reference to an evaluation.) Authorizes appropriations for FY 1989 through 1991. Repeals provisions authorizing the Secretary to make grants to States with regard to: (1) health information and health promotion; and (2) identification of needs for block grants relating to preventive health and health services. Subtitle B: Programs with Respect to Sexually Transmitted Diseases, Health Information, and Health Promotion - Revises provisions of the Public Health Service Act relating to grants concerning acquired immune deficiency syndrome and sexually transmitted diseases. Authorizes appropriations for sexually transmitted disease projects and programs for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 to carry out the provisions of title XVII (Health Information and Health Promotion) of the Public Health Service Act. Directs the Secretary of Health and Human Services, not later than 18 months after enactment of this Act, to develop model programs through which employers in the public sector and employers that are small businesses can provide for their employees a program to promote healthful behaviors and discourage unhealthful behaviors. Directs the Secretary to provide related technical assistance. Title IV: Organ Transplant Amendments of 1988 - Organ Transplant Amendments Act of 1988 - Amends the Public Health Service Act to authorize grants under existing provisions for consolidation as well as for establishment, initial operation, and expansion of organ procurement organizations. Authorizes the Secretary of Health and Human Services to make grants for special projects designed to increase the number of organ donors. Directs the Secretary, in making grants for planning, consolidation, establishment, initial operation, or expansion of such organizations, to give special consideration to proposals from existing organ procurement organizations. Prohibits certain grants for such organizations and projects from exceeding a specified amount in a year. Revises organ procurement organization provisions concerning organ procurement and distribution. Authorizes appropriations for FY 1988 through 1990. Requires that the Organ Procurement and Transplantation Network: (1) establish membership criteria and medical criteria for allocating organs and provide a periodic opportunity for public comment on the criteria; (2) assist organ procurement organizations in the distribution of organs (current provisions require the Network to assist procurement organizations in the distribution of organs which cannot be placed within the service areas of the organizations); (3) in addition to the existing requirement to adopt and use standards of quality for the acquisition and transportation of donated organs, adopt and use standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome; (4) prepare and distribute samples of blood sera from potential recipients on, as practicable, a national and a regional basis; and (5) carry out studies and demonstration projects regarding organ procurement and allocation procedures. Directs the Secretary to establish procedures for considering comments received from interested persons relating to how the Network is carrying out its duties. Directs the Secretary to establish, by grant or contract, a registry of voluntary bone marrow donors. Authorizes appropriations for FY 1989 and 1990. Requires the Secretary to maintain an identifiable administrative unit in the Public Health Service regarding organ procurement through FY 1990. (Current provisions require such a unit through FY 1988.) Revises specified reporting requirements. Revises the definition of "human organ" as it applies to provisions prohibiting organ purchases to declare that the term includes specified human organs and any other human organ, or any subpart thereof, including that derived from a fetus, specified by the Secretary of Health and Human Services by regulation. Amends title XIX (Block Grants) of the Public Health Service Act to establish an Immunosuppressive Drug Therapy Block Grant program to provide drugs to patients for the prevention of rejection of transplanted organs and tissues. Authorizes appropriations for FY 1988 through 1990. Provides formulae for the allotment of appropriated funds to the States. Establishes a minimum allotment of $50,000 for each State. Authorizes, in the event a State does not submit an allotment application or notifies the Secretary of Health and Human Services that it does not intend to use the full amount of the allotment, an organ transplant center in the State to apply for the amount of the allotment not allocated to the State. Enumerates the purposes for which the States may use such allotments. Details the application procedures and grant requirements. Terminates the provisions of this Act regarding immunosuppressive drug therapy block grants on January 1, 1991. Requires the Secretary to report to the Congress on the impact of this Act. Title V: Food and Drug Administration - Food and Drug Administration Act of 1988 - Amends the Federal Food, Drug, and Cosmetic Act to establish by law the Food and Drug Administration in the Department of Health and Human Services and to require that the appointment of the Commissioner of Food and Drugs be subject to Senate confirmation. Title VI: Health Professions Reauthorization Act of 1988 - Health Professions Reauthorization Act of 1988 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to set ceilings for FY 1989 through 1991 on the total principal amount of new loans made and installments paid to borrowers covered by Federal loan insurance. Provides that if, in any fiscal year, no ceiling has been established, any difference carried over shall constitute the ceiling for making new loans and paying installments for such fiscal year. Extends from September 30, 1991, to September 30, 1994, the cutoff date for the making of new loans. Requires that the total principal amount of Federal loan insurance available be granted without regard to any apportionment or other similar limitation. Directs the Secretary of Health and Human Services, in providing loan insurance certificates, to give priority to lenders that agree to make loans at interest rates below the prevailing rates or otherwise under terms more favorable to the student than the terms generally available. Requires interest on federally insured student loans under title VII to be compounded not more frequently than semiannually. (Current law requires the interest to be compounded semiannually.) Prohibits provisions relating to the eligibility of student borrowers from being construed to limit the authority of any school to make allowances for students with special circumstances. Allows a lender to assign its insurance rights to a public entity in the business of purchasing student loans. Declares that lenders as well as holders are required to exercise reasonable care in the making of loans and substantial effort in collection. Requires a lender, subject to exception, to prosecute an action for default. Authorizes the Secretary to sell without recourse notes or other evidence of loans received through assignment after coverage by the Secretary of a default. Directs the Secretary to make or deny payment within 60 days of notification of entry of judgment. Authorizes the Secretary to establish limits for default rates in each of the health professions and, if the eligible institutions within any of the professions, taken as a group, exceed the limits, suspend, terminate, or restrict the eligibility of the group for borrowing under specified provisions. Allows any borrower who received a loan insured under specified provisions bearing an interest rate that is fixed in excess of 12 percent to: (1) enter into an agreement with the lender that made the loan for the reissuance of the loan in order to permit the borrower to obtain the interest rate in effect on the date of application for reissuance; and (2) obtain a loan from a new eligible lender, for the purpose of discharging the loan from the original lender, at the interest rate in effect on the date of application for the new loan. Allows the lender to charge the borrower a limited fee to cover administrative costs. Requires holders of loans to notify borrowers of these reissuance and refinancing options. Defines "eligible lender" to include the Student Loan Marketing Association. Declares that provisions dealing with standards regarding loan collection may not be construed to require schools to reimburse the student loan fund for loans that became uncollectable prior to August 1985 or to penalize the schools with respect to such loans. Reduces the required interest rate on the loans from nine percent to five percent. Adds to the list of periods excluded from the ten-year repayment period any time during which the borrower is pursuing a full-time course of study at certain types of schools. Requires a capital distribution if a school terminates a loan fund. (Current law requires a capital distribution between September 30, 1991, and December 31, 1991.) Directs the Secretary to establish a program in which allied health personnel and allied health professions students would agree, in consideration of payment by the Federal Government of portions of the principal and interest of educational loans, to serve as an allied health professional in specified agencies or settings for not less than two years. Specifies the percentages to be paid for each of three years of service. Makes provisions of the National Health Service Corps Loan Repayment Program apply to this program. Authorizes appropriations for FY 1989 through 1991. Amends provisions relating to scholarships for students of exceptional financial need to remove requirements that the students be in their first year of study. Allows the scholarships to include a monthly stipend not in excess of a specified amount. (Current law requires such a stipend at the amount specified as a maximum in this Act.) Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for capitation grants for schools of public health for FY 1989 through 1990. Repeals provisions of the Public Health Service Act dealing with capitation grants for such schools, effective October 1, 1990. Authorizes appropriations for project grants to establish, maintain, or improve departments of family medicine for FY 1989 through 1991. Reduces from six to four the number of individuals who must be enrolled in first-year positions in internship or medical residency training programs in area health education centers. Directs the Secretary to waive a requirement that an area health education center not have certain relationships with a school of medicine or osteopathy for a center having, at the time of initial application for a contract for the planning and operation of such a center, an operating program supported by both appropriations of a State legislature and local resources. Adds nurse midwives to the list of personnel who must be included in the interdisciplinary training and practice conducted by area health education centers. Authorizes appropriations for FY 1989 through 1991 for area health education center programs. Directs the Secretary to enter into contracts for developing and operating health education and training centers to improve the supply, distribution, quality, and efficiency of personnel providing health services: (1) in the United States along the border with Mexico; and (2) to any population group having serious unmet health care needs. Directs the Secretary to designate the geographic area in which each health education and training center will operate. Mandates that each applicant agree to establish an advisory group, develop a plan for carrying out the center's purpose, and be responsible for the evaluation of the program. Directs the Secretary to make available 50 percent of the amounts appropriated for allocation to border centers. Authorizes appropriations for contracts for border and other health education and training centers for FY 1989 through 1991. Directs the Secretary, in making grants and entering into contracts for training, traineeships, and fellowships in general internal medicine and general pediatrics, to give priority to applicants that demonstrate a commitment to coordination of curriculum development and resident teaching activities with existing departments of family medicine, if any. Authorizes appropriations for FY 1989 through 1991 for: (1) grants for training, traineeships, and fellowships in general internal medicine and general pediatrics; (2) residency programs in the general practice of dentistry; and (3) training and education relating to family medicine. Authorizes the Secretary to make grants and enter into contracts for a residency program or an advanced educational program in general dentistry, and for traineeships and fellowships for participants in such a program who are in financial need. Allows grants and contracts for health professions educational assistance to individuals from disadvantaged backgrounds to be used for stipends for education at any public or private nonprofit health or educational entity. (Current law limits stipends to use for health professions education at a school of medicine, osteopathy, or dentistry.) Requires certain types of schools receiving a grant under existing provisions for educational assistance to individuals from disadvantaged backgrounds to increase, during a period of three years, their first year enrollments of individuals from disadvantaged backgrounds by at least 20 percent. Directs the Secretary to give priority in funding, in years after that three year period, to schools that attain such increase. Authorizes appropriations for educational assistance to individuals from disadvantaged backgrounds for FY 1989 through 1991. Requires that ten percent of amounts appropriated be obligated for community-based programs. Sets forth reporting requirements. Directs the Secretary to establish a supplemental grant program to award grants to specified types of health professions schools that demonstrate sufficient graduation of students from disadvantaged backgrounds. Sets forth a payment formula. Requires grant funds to be used, with regard to individuals from disadvantaged backgrounds, for financial aid services, retention services, or other retention purposes. Authorizes appropriations for FY 1990 and 1991. Authorizes the Secretary to make grants to maintain and improve schools that provide the first or last two years of education leading to the degree of doctor of medicine or osteopathy. Allows grants to schools that were in existence on September 30, 1985, to be used for construction and the purchase of equipment. Authorizes the Secretary to make grants and enter into contracts for the development and implementation of model projects in development of faculty, curriculum, and new clinical training sites. Prohibits the Secretary from approving an application unless a peer review group has recommended it for approval. Authorizes the Secretary to make grants to and enter into contracts with schools of medicine, osteopathy, and public health to plan, develop, or improve residency training programs in preventive medicine and to provide financial assistance to residency trainees. Authorizes the Secretary to make grants and enter into contracts to plan, develop, and operate programs for the training of physician assistants. Requires applicants to have mechanisms for placing graduates in positions for which they have been trained. Authorizes the Secretary to make grants and enter into contracts for residency programs in primary care for podiatric physicians, providing financial assistance in the form of traineeships. Authorizes appropriations for FY 1989 through 1991 for two-year schools, faculty and curriculum development, new clinical training sites, residency programs in preventive medicine, training physician assistants, and primary care training for podiatric physicians. Amends provisions relating to grants to health professions schools for minority education to: (1) limit grants to periods not exceeding three years; and (2) require the applicant to have received a contract under specified provisions relating to advanced financial distress assistance in FY 1987. Authorizes the Secretary to make grants and enter into contracts with health professions schools for assisting in meeting the costs of the schools of providing projects relating to geriatric training. Requires peer review of applications. Authorizes the Secretary to make grants to and enter into contracts with schools of medicine, schools of osteopathy, teaching hospitals, and graduate medical education programs for residencies, traineeships, and fellowships to train physicians and dentists who plan to teach geriatric medicine or geriatric dentistry. Authorizes appropriations for costs of geriatric training and for traineeships and fellowships in geriatrics for FY 1989 through 1991. Repeals provisions authorizing the Secretary to make grants and enter into contracts for the training of physician assistants. Requires that any grants approved, under provisions relating to the areas of family medicine, internal medicine, pediatrics, or dentistry, for a third or subsequent fiscal year be for at least 20 percent of the average grant to that grantee in the consecutively preceding fiscal years. Requires grant applications in internal medicine, pediatrics, or dentistry to be submitted to peer review groups. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to establish peer review groups as necessary. Prohibits approval of an application unless a peer review group has recommended approval. Directs the Secretary to make available with respect to Hispanic individuals at least 10 percent of amounts appropriated to carry out provisions relating to scholarships for first-year students of exceptional financial need, programs for physician assistants, educational assistance to individuals from disadvantaged backgrounds, and allied health personnel. Requires that studies mandated by current law of health professionals by specialty and geographic location include studies of the number, supply, and requirements for: (1) health professionals who are members of minority groups, including Hispanics; and (2) health professionals to serve miniority groups, including Hispanics. Directs the Secretary to conduct a study and report to the Congress regarding Hispanics in medically underserved areas and: (1) health care provided by individuals unable to communicate in the most appropriate language and cultural context; and (2) reliance on allied health personnel as the primary source of health care. Authorizes the Secretary to make grants and enter into contracts with schools of public health for projects for: (1) preventive medicine; (2) health promotion and disease prevention; (3) increasing the enrollment of individuals from disadvantaged backgrounds; and (4) improving access and quality in health care. Requires applications to be recommended for approval by a peer review group. Authorizes appropriations for FY 1989 through 1991. Reduces, for programs with minority enrollment under 45 percent, the number of students who must complete a graduate program in health administration during the year the grant is received in order for the program to be eligible for the grant. Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for traineeships for students in graduate programs in health administration, hospital administration, or health policy analysis and planning. Increases by one the number of appointees to the National Advisory Council on Health Professions Education and mandates inclusion on the Council of a representative of a graduate program in clinical psychology. Adds such programs to the list of schools and training centers which must promise not to discriminate on the basis of sex in order to receive a grant, loan guarantee, or interest subsidy payment under title VII of the Public Health Service Act. Authorizes appropriations for FY 1989 through 1991 for public health traineeships Replaces provisions relating to advanced financial distress assistance to health professions schools with provisions authorizing the Secretry to make grants and enter into contracts to assist schools and graduate departments with regard to health care needs, diagnosis, treatment, and prevention relating to acquired immune deficiency syndrome (AIDS). Directs the Secretary to give preference in making grants to projects which will train: (1) health professionals who will provide treatment for minority individuals with AIDS; and (2) minority health professionals and minority allied health professionals to provide treatment for individuals with AIDS. Prohibits the Secretary from approving a grant application unless the appropriate peer review group has recommended approval and the Secretary has consulted with the National Advisory Council on Health Professions Education. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make grants to assist dental schools and post-doctoral dental education programs with respect to the unreimbursed costs of providing oral health care to AIDS patients. Authorizes appropriations for FY 1990 and 1991. Directs the Secretary to make grants to and enter into contracts with eligible entities to assist in meeting the costs of planning, developing, establishing, operating, and evaluating specified types of allied health projects. Authorizes appropriations for FY 1990 and 1991. Authorizes the Secretary to make grants to and enter into contracts with educational entities to meet the costs of projects: (1) involving doctoral programs for the advanced specialty training of allied health professionals who plan to teach and conduct research; and (2) provide financial assistance in the form of traineeships or fellowships to certain doctoral and postdoctoral students in an allied health discipline. Authorizes appropriations for FY 1990 and 1991. Authorizes the Secretary to make grants to, or enter into contracts and cooperative agreements with, and provide technical assistance to, any non-profit entity to establish a uniform allied health professions data reporting system to collect, compile, and analyze data on the allied health professions personnel. Sets forth reporting requirements. Amends the Public Health Service Act to remove from title III (General Powers and Duties of Public Health Service) all references to "osteopaths." Directs the Secretary to conduct annually a program to determine the proficiency of individuals who do not meet criteria established in specified provisions for determining the qualifications of laboratory technicians and technologists. Requires the Comptroller General to: (1) conduct a study regarding the practices and policies of the States in licensing by endorsement physicians who are graduates of schools of medicine outside the United States; and (2) complete the study within nine months of enactment of this Act and submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate. Directs the Secretary to identify and notify entities that would be appropriate applicants for grants under provisions relating to two-year schools of medicine. Prohibits any program of research under the Public Health Service Act which was carried out, or was appropriate to be carried out, by an agency other than the Health Resources and Services Administration in FY 1987 from being carried out by such Administration for each of the FY 1989 through 1991. Directs the Secretary to solicit applications for grants under provisions relating to family medicine, internal medicine, pediatrics, and dentistry at least twice a year if unobligated appropriations are sufficient with respect to a second solicitation. Requires a preliminary review of applications for technical sufficiency, with an opportunity to submit a timely second application. Directs the Secretary to establish and implement a program in which health professionals agree to conduct, at the National Institutes of Health (NIH), research with respect to acquired immune deficiency syndrome (AIDS) in return for payment by the Federal Government of not more than $20,000 of their educational loans for each year of service. Limits eligibility for the agreements to those who: (1) have substantial educational loans relative to income; and (2) were not employed by the NIH during the one-year period before enactment of this Act. Makes provisions of the Public Health Service Act relating to the National Health Service Corps Loan Repayment Program, except as inconsistent, apply to the program. Authorizes appropriations for FY 1989 through 1991. Requires that certain funds appropriated for National Research Service Awards be made available to the Secretary, acting through the Administrator of the Health Resources and Services Administration. (Current law does not specify to whom the funds are to be made available.) Declares that, with respect to Federal regulations for lenders, provisions relating to the Federal program of insured loans to graduate students in health professions schools may not be construed to preclude the applicability of such regulations to the Student Loan Marketing Association or any other entity in the business of purchasing student loans. Authorizes the Secretary of Health and Human Services to make grants to, or enter into contracts with, eligible applicants for interdisciplinary training projects relating to health care in rural areas. Declares that allowed uses for funds include stipends to students, post-doctoral fellowships, training of faculty, or purchase or rental of transportation and telecommunication equipment. Declares that not more than ten percent of the individuals receiving training shall be trained as doctors of medicine or doctors of osteopathy. Requires applications to: (1) be jointly submitted by at least two eligible applicants with the purpose of assisting individuals in academic institutions in establishing long-term collaborative relationships with health care providers in rural areas; and (2) designate one or more rural health care agencies for clinical treatment or training. Directs the Secretary to contract for a study of manpower training needs in rural areas: (1) paying particular attention to the needs of the rural elderly and the rural population that is not eligible for Medicare; and (2) evaluating existing models for health care training and service delivery and proposing innovative alternative models. Directs the Secretary to evaluate the delivery models developed with funds made available under these provisions and compare such models with programs designed to increase the availability of health care providers in rural areas, including the National Health Service Corps and the area health education center program. Sets forth reporting requirements. Prohibits the Secretary from approving an application unless the Secretary, through the Director of the Indian Health Service, has submitted it for peer review and received a recommendation for approval. Authorizes appropriations for FY 1989 through 1991. Repeals provisions of the Indian Health Care Amendments of 1988 relating to health care for rural areas. Directs the Secretary to make available, for each of the FY 1989 through 1991, a certain amount to advance the health care services furnished by qualified hospitals. Defines "qualified hospital" to mean a hospital in a location meeting specified criteria. Directs the Secretary, not later than 18 months after enactment of this Act, to request the chief executive officer of each State, the District of Columbia, and specified territories to submit to the Secretary an assessment of the greatest health manpower shortages, by discipline of health care providers and by allopathic and osteopathic specialty, in each such jurisdiction. Directs the Secretary to compile and analyze the information and report to the appropriate Committees of the Congress as a part of the October 1, 1991, report required by specified provisions. Title VII: Nursing Shortage Reduction and Education Extension Act of 1988 - Nursing Shortage Reduction and Education Extension Act of 1988 - Subtitle A: Special Projects - Replaces provisions of title VIII (Nursing Education) of the Public Health Service Act relating to nursing education opportunities for individuals from disadvantaged backgrounds with a new subpart on the same topic. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for special projects to increase nursing education opportunities for individuals from disadvantaged backgrounds. Prohibits the Secretary from approving or disapproving an application for a grant or contract until after consultation with the National Advisory Council on Nurse Education. Authorizes appropriations for FY 1989 through 1991. Removes provisions authorizing the Secretary to make grants and enter into contracts for special projects to: (1) provide retraining for nurses after periods of professional inactivity; (2) demonstrate clinical nurse education programs which combine educational curricula and clinical practice; and (3) demonstrate methods to encourage nursing graduates to practice in health manpower shortage areas. Replaces provisions authorizing grants and contracts for continuing education for nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to demonstrate improved geriatric nursing training. Replaces provisions authorizing grants and contracts to increase the supply or improve the distribution of nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to: (1) increase the supply of nurses, including bilingual nurses, to meet the needs of rural areas; and (2) provide nursing education courses to rural areas through telecommunications via satellite. Revises the description of nursing education special projects eligible for certain grants and contracts with regard to: (1) priorities in training and education to upgrade the skills of paraprofessional nursing personnel; and (2) development of curricula for certain nursing baccalaureate degree situations. Authorizes the Secretary to make grants and enter into contracts for special projects to collect the names and addresses of health facilities and nursing students and nurses willing to enter into agreements under which the facilities would repay the educational loans of the individual. Authorizes the Secretary to make grants and enter into contracts for geriatric nursing training. Requires applications for grants and contracts to be subject to peer review. Prohibits the Secretary from approving or disapproving an application unless the Secretary has received recommendations from the peer review group and has consulted with the Advisory Council on Nurses Education. Authorizes the Secretary to make grants for demonstrating innovative hospital nursing practice models which include restructuring the role of the nurse, testing innovative wage structures, and evaluating the effectiveness of various benefits. Authorizes the Secretary to make grants to nurse training entities: (1) to demonstrate innovative nursing practice models for services in the home and long-term care facilities designed to increase recruitment and retention of nurses and improve nursing care; and (2) to develop projects to increase the exposure of nursing students to clinical practice in nursing home, home health, and gerontologic settings. Authorizes appropriations for grants and contracts for special projects in nurse education and for advanced nurse education for FY 1989 through 1991. Revises the guidelines for programs for the education of nurse practitioners and nurse midwives to require that they have not less than six full-time equivalent students. (Current law requires that they have eight students.) Allows service commitments by nurse practitioner or nurse midwife traineeship recipients to include service in an Indian Health Service health center, a Native Hawaiian health center, a migrant health center, a rural health clinic, or a community health center in addition to the currently-allowed service in a health manpower shortage area or a public health care facility. Authorizes appropriations for certain nurse practitioner and nurse midwife programs for FY 1989 through 1991. Directs the Secretary to make available, from the amounts appropriated for FY 1989 through 1991 to carry out titles VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) and VIII (Nurse Education) of the Public Health Service Act, specified amounts each fiscal year to: (1) enhance the ability of a hospital meeting stated criteria to provide high quality inpatient services; and (2) improve the health care services furnished by a hospital meeting stated criteria. Mandates that commissioned nurse officers in the Regular and Reserve Corps of the Public Health Service, while on active duty, be paid the same incentive special pay as commissioned nurse officers of the armed forces under specified Federal law. Provides that, with respect to the Federal program of insured loans to graduate students in health professions schools, if in any fiscal year no ceiling has been established for the amount of new loans made and installments paid, any difference between the loans made and installments paid and the ceiling in a previous fiscal year which is carried over into the current fiscal year shall constitute the ceiling. Extends from September 30, 1991, to September 30, 1994, the termination date for the granting of insurance or the paying of installments. Subtitle B: Assistance to Nursing Students - Authorizes the Secretary to make grants for traineeships for students enrolled at least half-time in nursing masters degree programs who agree to complete the degree requirements by the end of the academic year in which the student is to receive the traineeship. Authorizes appropriations for traineeships for advanced education of professional nurses for FY 1989 through 1991. Authorizes the Secretary to make grants for traineeships for licensed registered nurses to become nurse anesthetists and for projects to develop and operate programs for the education of nurse anesthetists. Limits traineeship payments to amounts necessary for tuition and fees and a stipend and allowances, including travel and subsistence expenses, for trainees. Authorizes appropriations for traineeships for nurse anesthetists for FY 1989 through 1991. Prohibits provisions relating to collection, by schools of nursing, of student loan funds from being construed to require such schools to reimburse the student loan program for loans that became uncollectable prior to 1983. Lowers the cap on the amount of loans to any student made by nursing schools in the first two academic years, but raises the cap on the aggregate of the loans for all years. Requires the schools to give preference in making the loans to persons with exceptional financial need as well as to those given priority under current law. Requires that all loan recipients be in financial need. (Current law requires all loan recipients to be in exceptional financial need.) Allows a loan repayment deferral for up to ten years (currently, five years) for borrowers pursuing certain nursing studies half-time (currently, full-time). Lowers the interest rate from six to five percent on such student loans. Removes provisions allowing the Secretary to repay loans for certain persons from a low-income or disadvantaged family. Requires that certain unexpended nursing student loan funds be available to carry out provisions of this Act relating to nursing scholarships. Applies such requirement retroactively to September 30, 1988, subject to exception. Delays until the last calendar quarter of 1994 the period during which there must be a capital distribution of the balance of the nursing school student loan fund established under specified provisions. Includes, as qualifying for loan repayment under specified provisions, nursing service in an Indian Health Service health center, a Native Hawaiian health center, a public hospital, a migrant health center, a community health center, a nursing facility, a rural health clinic, or a health facility determined by the Secretary to have a critical shortage of nurses. Sets forth financial need and geographic priorities in entering into loan repayment agreements. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make grants for scholarships for nursing students in financial need. Requires applicant schools to agree to: (1) give priority in providing scholarships to individuals from disadvantaged backgrounds; and (2) require student recipients of the scholarships to agree to serve as nurses at least two years in specified types of facilities. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make loans to individuals to assist the individuals in attending schools of nursing if the individuals enter into contracts with health facilities to engage in full-time employment as nurses for a period of time not more than the period during which they receive loan assistance. Directs the Secretary to give preference to disadvantaged and minority individuals underrepresented in the nursing profession. Sets forth requirements for students and health care facilities. Directs the Secretary to designate underserved geographic areas. Limits loans to 100 percent of the costs of tuition, reasonable living expenses, books, fees, and transportation. Limits interest to five percent. Directs the Secretary to make available at least 35 percent of amounts appropriated for a fiscal year for loans to individuals who will serve as nurses in rural areas designated as underserved geographic areas. Authorizes appropriations for FY 1989 through 1991. Terminates the authority to make loans on September 30, 1991. Subtitle C: General Provisions of Title VIII - Renames the National Advisory Council on Nurse Training as the Advisory Council on Nurses Education. Changes its composition to increase the number of members and require representation by practicing professional nurses and from associate degree schools of nursing. Directs the Secretary of Health and Human Services to provide, directly or through contract, for evaluations of projects carried out under the title and for dissemination of information developed as a result of the projects. Sets forth reporting requirements. Subtitle D: Waiver of Liability for Certain Sale of Facility Under Program of Construction and Modernization of Medical Facilities - Declares that, if the Secretary of Health and Human Services certifies compliance with conditions of this title, provisions of the Public Health Service Act imposing liability in the nature of recovery by the Government of funds provided for the construction or modernization of medical facilities shall not apply to the sale of a specified facility in San Juan county, Utah, on November 26, 1986. Sets forth the conditions which must be met, including: that (1) the transferor county, a political subdivision of the State of Utah, establish and administer an irrevocable trust to satisfy, with respect to such facility, its obligation under Federal laws and and regulations to provide for adequate facilities to furnish needed services for persons unable to pay; and (2) the transferee corporation agree to satisfy the obligation of the county to provide such services for persons unable to pay. Directs the Secretary to make such determination within 12 months after enactment of this Act and to certify the determination to the Congress. Directs the Secretary to monitor compliance and, if conditions are not met or either party fails to carry out its duties, to ensure that proceedings are commenced to recover the amounts as provided by current law. Title VIII: Revision and Extension of Programs of Health Care for the Homeless - Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services - Amends the Public Health Service Act to limit Federal matching funds after the first fiscal year to 66-2/3 percent of service costs with regard to grants for health assistance for the homeless. (Current law provides for 75 percent Federal funding.) Authorizes the continued provision for up to 12 months of certain health (including mental health) services to former homeless persons currently living in permanent housing. Includes persons living in transitional housing within the definition of "homeless individual" for purposes of such grants. Authorizes appropriations for such grants through FY 1991. Subtitle B: Block Grant for Community Mental Health Services - Amends the Public Health Service Act to authorize appropriations through FY 1991 for community mental health services block grants. Directs the Secretary to: (1) make grants to the States on a competitive basis if annual appropriations are insufficient for minimum allotments; and (2) make unallotted State funds available to public and private nonprofit agencies for mental health services to the homeless in such State. Makes Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands eligible for mental health services allotments. Sets minimum allotments at $50,000 for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. Subtitle C: Authorization of Appropriations for Community Demonstration Projects - Amends the Act to authorize additional appropriations through FY 1991 for mental health services for homeless persons with chronic mental illness. Amends the Public Health Service Act to authorize appropriations through FY 1991 for alcohol and drug abuse treatment for homeless persons. Subtitle D: General Provisions - Sets forth effective dates for specified provisions of this title. Title IX: Testing of Convicted Felons - Requires, in order to be eligible to receive funds under provisions of this title, that the chief law enforcement officer of a State establish a State program to provide for the confidential testing of any individual convicted under State law of an intravenous drug or sex offense after enactment of this title. Prohibits a person receiving identifying information regarding an individual tested from disclosing the information to any person. Provides for a waiver of the confidentiality for: (1) correctional personnel, under State laws or policies; and (2) victims of rape, if the person convicted of the rape tests positive for exposure to the human immunodeficiency virus (HIV). Requires the chief law enforcement officer of a State receiving funds under these provisions to provide education and counseling through existing prison facilities to any individual tested for exposure of HIV. Requires the testing program to be conducted in part using funds made available under these provisions, with the State assuming 50 percent of the cost. Requires the State to agree to provide, through existing facilities, education and pre- and post-testing counseling to any individual tested for exposure to HIV. Directs the Attorney General to issue regulations to carry out these provisions, including a determination of the amount of funds each State is entitled to receive. Authorizes appropriations for FY 1988 through 1990. Directs the Attorney General, not later than one year after enactment of this title, to complete a study and report to the appropriate committees of the Congress concerning the appropriateness of mandated prison sentences for any individual convicted of an intravenous drug or sex offense who thereafter knowingly places others at risk of becoming infected with HIV.
United States · United States Congress · 12 October 1988
Mandates that each State, by January 1, 1990, have in effect laws and regulations requiring any health insurance policy issued within the State to provide certain minimum coverage for drug and alcohol abuse treatment. Requires such rules and regulations to meet minimum Federal standards established by the Secretary of Health and Human Services. Directs the Secretary: (1) within 90 days after enactment of this Act, to establish such standards; and (2) within 90 days after establishment of such standards, to review the laws and regulations of each State. Makes the Federal standards effective in any State which does not have in effect such laws and regulations by January 1, 1990.
United States · United States Congress · 12 October 1988
Emergency Nurse Shortage Relief Act of 1988 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants and contracts for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants and contracts for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants and contracts for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes appropriations. Authorizes the Secretary to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Authorizes appropriations. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships. Directs the Attorney General to extend for at least one additional year the status of nonimmigrant alien for those aliens admitted under specified provisions of the Immigration and Nationality Act who perform services as registered nurses in a nursing crisis area, provided the Secretary of Labor has certified that the continuing employment of the aliens will not adversely affect the wages and working conditions of U.S. registered nurses. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to designate areas that have: (1) a severe shortage in the number of nurses as nursing crisis areas; and (2) a shortage of practicing nurses with specialized nursing skills as areas of needed specialized nursing skills. Directs the Secretary to review and, if necessary, redesignate such areas at least annually.
United States · United States Congress · 12 October 1988
Declares that, not less than 60 days before the termination of any service or the closure of any facility, a hospital should notify the community it serves, its employees, government agencies, and health care organizations of such termination or closure.
United States · United States Congress · 11 October 1988
National Health Promotion Act of 1988 - Authorizes the Secretary of Health and Human Services to make grants to pay the Federal share of the cost of health promotion campaigns. Provides for allotment to each State of any sums appropriated. Directs the Secretary to: (1) provide for the collection of data that measure and evaluate the impact of the campaigns; (2) publish an annual report on the activities under this Act; and (3) submit the report to the appropriate committees of the Congress. Sets forth application requirements. Mandates the creation of an Advisory Board by each State. Directs the Secretary to pay to each State with an approved application the Federal share of the cost of the activities described in the application. Sets forth the Federal share for each year of participation. Declares that each State shall be eligible for Federal funding for any three consecutive years of the five-year period during which the Federal program shall operate. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 7 October 1988
National Rural Health Care Act of 1988 - Title I: Medicare Provisions - Directs the Prospective Payment Assessment Commission to conduct studies and report to the Congress by January 1, 1990, on: (1) the relationship between costs for rural inpatient hospital services and Medicare (title XVIII of the Social Security Act) payments for such services; and (2) the Medicare program's role in paying for rural inpatient hospital services provided as a charity to persons who are not covered under the Medicare program. Provides funding for the development of medical care access facilities. Defines a "medical care access facility" as a facility which: (1) provides ambulatory, primary, emergency, urgent, and surgical care; (2) provides inpatient care for from one-to-ten inpatient beds for stays not exceeding 48 hours; and (3) is located in a medically underserved area or a county with a population of less than 20,000, or serves a frontier service area. Provides Medicare coverage of facility services. Authorizes such facilities to provide dietician, pharmacist, laboratory technician, medical technologist, and radiological services on a part-time, off-site basis, and remain open for less time than Medicare hospitals. Establishes physician, physician assistant, and nurse practitioner productivity standards to be used in determining Medicare payments for rural health clinic services. Requires rural health clinics to participate in the Medicaid program (title XIX of the Social Security Act) if their State provides Medicaid coverage for clinic services. Directs the Secretary of Health and Human Services to establish a Medicare rural health clinic demonstration program: (1) testing new payment methods; (2) covering early detection procedures, health education, and health risk reduction services; (3) not requiring clinics to have more than 40 percent of clinic time covered by physician assistants and nurse practitioners; and (4) reducing physician, physician assistant, and nurse practitioner productivity standards for low population density areas. Requires the Secretary to instruct Medicare carriers to make payment rates for professional medical services furnished in rural areas under part B (Supplementary Medical Insurance) of the Medicare program reflect the particular costs of furnishing services in rural areas. Authorizes rural skilled nursing facilities to be paid on a prospective basis for all routine services costs of Medicare extended care services provided in a cost reporting period. Authorizes rural home health agencies to be paid on the basis of a prospectively established fee schedule for Medicare home health services provided in a cost reporting period. Requires the Administrator of the Health Care Financing Administration (HCFA) to establish additional research and demonstration projects into how the Medicare and Medicaid programs could better cover care for rural beneficiaries. Provides direct Medicare reimbursement for nurse practitioner and clinical nurse specialist services, whether or not the practitioner or specialist is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's service. Provides payments for nurse practitioner, clinical nurse specialist, nurse midwife, and certified registered nurse anesthetist services under part B (Supplementary Medical Insurance) of the Medicare program on the basis of a fee schedule to be established by the Secretary. Requires the Administrator of the HCFA to establish a toll-free, telephone hotline for nursing payment inquiries under the Medicare program and, to the extent feasible, under the Medicaid program. Amends part B (Peer Review) of title XI of the Act to require peer review of such nursing services. Title II: Medicaid Provisions - Amends the Medicaid program to extend coverage to all individuals whose income does not exceed the Federal poverty level and whose resources do not exceed twice the resource eligibility limit for Medicaid benefits. Requires that State Medicaid payments for rural medical practices reflect the particular costs of furnishing services in rural areas. Directs the Secretary, jointly with the States, to develop an appropriate system to reduce the payment differential between urban and rural professional health personnel. Permits rural nursing facilities to elect to receive Medicaid payments on the basis of a daily rate schedule to be established by the Secretary. Permits rural home health agencies to elect to receive payments on the basis of a per visit rate to be established by the Secretary. Provides Medicaid coverage of medical care access facility services. Requires such facilities to participate in the program. Requires direct Medicaid reimbursement for nurse midwife, certified registered nurse anesthetist, nurse practitioner, and clinical nurse specialist services, whether or not such nurse is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's services. Requires that such payments be equal to payments for such services under the Medicare program and not vary on the basis of the type of nurse involved. Title III: Private Health Insurance Provisions - Amends the Internal Revenue Code to provide a tax deduction for the entire health insurance costs of the self-employed. Makes such deduction permanent. Directs the Secretary to develop and submit to the Congress a proposal for creating a self-financing insurance pool for individuals, small businesses, and farms which have difficulty finding affordable private insurance. Title IV: Health Care System Development Provisions - Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Secretary of Health and Human Services. Amends the Public Health Service Act to authorize the Secretary to make grants to States which have submitted fiscal year plans for comprehensive State rural health access planning to assist States in such planning. Authorizes appropriations for such grant program through FY 1991. Requires each State to submit a comprehensive rural emergency medical services plan to the Secretary for each fiscal year, beginning with FY 1989. Authorizes appropriations through FY 1991 for payments to States, which vary among States on the basis of the proportion of the nation's rural population which reside in each State, to cover the costs of planning, implementing, and monitoring the operation of trauma care systems in rural areas. Authorizes the Secretary to make grants to public and nonprofit entities for planning, constructing, equipping, supplying, and operating a rural health clinic and training the personnel at such clinic. Authorizes the Secretary to make grants to solo and small group medical practices which provide primary health services to medically underserved rural populations to assist such practices in purchasing equipment and supplies and training personnel. Sets forth grant conditions, including the requirement that such clinics and practices accept as patients Medicare and Medicaid recipients residing in their service area, and provide 24-hour-a-day emergency medical services. Authorizes appropriations through FY 1991. Authorizes appropriations through FY 1991 for grants to migrant health centers and community health centers. Sets aside five percent of amounts appropriated to the National Center for Health Services Research and Health Care Technology Assessment for research on improving rural health care delivery systems. Directs the Secretary to conduct a study on improvements which can be made in the collection and analysis of data used in designating rural areas as medically underserved areas. Title V: Health Care Personnel Development Provisions - Amends the Public Health Service Act to authorize appropriations through FY 1991 under the National Health Service Corps Scholarship Program and Loan Repayment Program. Requires the Secretary to establish a program of scholarships and loan repayments to assure an adequate supply of trained health care personnel at medical facilities which serve medically underserved populations. Requires that no less than 40 percent of the persons receiving such assistance be targeted for placement with medically underserved rural populations. Authorizes appropriations for such program through FY 1991. Requires that persons receiving Federal financial assistance under the Public Health Service Act to operate health care personnel training programs: (1) take into account the special health care conditions of rural areas; and (2) improve efforts to recruit, as students, individuals who are likely to practice in medically underserved rural areas. Authorizes the Secretary to make grants to public or private nonprofit health or educational entities for training programs to increase the number of health care personnel and multi-competent health care technicians serving medically underserved rural populations. Authorizes appropriations for such grant programs through FY 1991. Requires the Secretary, in entering into contracts with schools of medicine and osteopathy for area health education centers, to give priority to health education projects targeted toward health professions having an inadequate number of practitioners, either by specialty or geographic location. Makes administrative changes affecting area health education centers. Authorizes appropriations for such centers through FY 1991. Directs the Secretary to enter into contracts with schools of medicine, osteopathy, and nursing for the establishment and operation of geriatric health education centers. Authorizes appropriations through FY 1991. Authorizes the Secretary to make grants to and enter into contracts with public and nonprofit private entities to cover the costs of providing continuing education for nurses in rural areas through the use of satellite transmissions. Title VI: Mental Health Care Provisions - Amends the Public Health Service Act to require that a State's application for an Alcohol, Drug Abuse, and Mental Health Services Block Grant include an examination of the mental health care needs of rural residents and specify the effort that has and will be made to satisfy such needs. Requires that demonstration projects for the planning, coordination, improvement, and research of community services for mentally ill individuals include projects demonstrating improved delivery and coordination of mental health care for rural residents. Authorizes appropriations for such projects through FY 1991. Directs the Secretary to conduct research on improving rural mental health delivery systems. Authorizes appropriations for such research through FY 1991.
United States · United States Congress · 6 October 1988
Fairness in American Health Care Act - Imposes a one-year delay in the implementation of the Medicare Catastrophic Coverage Act of 1988. Requires the Director of the Office of Management and Budget and the Secretary of Health and Human Services to conduct a study and report to the Congress within the year on: (1) the proportional distribution of potential beneficiaries under the Medicare Catastrophic Coverage Act in terms of age, income, and type of illness; (2) the distribution, in terms of age, of the funding burden; and (3) detected problems, deficiencies, and inadequacies relating to the Act's coverage of various illness, medications, and treatments. Requires the report to include program costs and legislative solutions to correct problems.
United States · United States Congress · 6 October 1988
Clinical laboratory Improvement Amendments of 1988 - Amends the Public Health Service Act to prohibit soliciting or accepting materials from the human body for laboratory procedures without a certificate issued by the Secretary of Health and Human Services. Makes certificates valid for a maximum of two years. Requires certain criteria to be met for issuance or renewal of a certificate, including that the laboratory makes agreements regarding: (1) inspections by the Secretary; and (2) treating proficiency testing samples in the same manner as other materials. Requires a laboratory which only performs simple examinations and procedures which have an insignificant risk of an erroneous result, and which complies with other requirements, to be issued a certificate of waiver which exempts it from complying with provisions of this Act relating to standards (including proficiency testing) and inspections. Authorizes a laboratory to be accredited for certification if it meets the standards of an approved accreditation body and if the laboratory authorizes that body to submit information to the Secretary as the Secretary requires. Allows the Secretary to approve an accreditation body if the body agrees to: (1) inspect the laboratories it accredits; (2) apply standards which are at least as stringent as the Secretary's (3) assure that the laboratory continues to meet standards; (4) notify the Secretary of any denial, suspension, withdrawal, or revocation of accreditation, or of changes in the body's standards, and (5) notify each laboratory if the body's approval is withdrawn by the Secretary. Provides for temporary continuation of a laboratory's license if the accreditation body's approval is withdrawn. Directs the Secretary to evaluate annually the performance of each accreditation body. Directs the Secretary to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of personnel; and (4) qualification under a proficiency testing program. Directs the Secretary to establish standards for the proficiency testing programs for certified laboratories to be conducted by the Secretary, an approved private nonprofit organization, or an approved accrediting body. Mandates that proficiency be tested for each examination and procedure quaterly, subject to exception. Directs the Secretary to establish a system to make proficiency testing program results available, on a reasonable basis, upon request of any person, with explanatory information. Directs the Secretary to establish national standards for quality assurance in cytology services. Authorizes the Secretary, on an announced or unannounced basis, to enter and inspect, during regular hours of operation, certified laboratories. Grants the Secretary access to all facilities, equipment, materials, records, and information. Directs the Secretary to conduct inspections of laboratories to determine their compliance with requirements and standards. Provides for intermediate sanctions, including directed plans for correction, civil money penalties, and payment for the costs of onsite monitoring. Allows the Secretary, after notice and opportunity for hearing, to suspend, revoke, or limit a certificate for specified causes. Allows suspension or limitation before a hearing in certain circumstances. Prohibits any person who has owned or operated a laboratory which has had its certificate revoked from owning or operating a certified laboratory within two years of revocation. Requires suspension of the certificate of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for: (1) judicial review of certificate suspensions, revocations, and limitations; and (2) sanctions, including criminal fines and imprisonment. Directs the Secretary to require payment of fees for issuance and renewal of certificates and, in certain circumstances, for inspections and proficiency testing. Requires fees to vary by group or classification of laboratory. Allows fees to be based on the dollar volume and scope of the testing being performed. Directs the Secretary, on April 1, 1990, and annually thereafter, to compile and make available to physicians and the public information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) certificate revocations, suspensions, or limitations; (3) sanctions or intermediate sanctions; (4) withdrawal or revocation of accreditation; (5) injunctions; and (6) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Permits the Secretary, by agreement, to use and pay for the services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance with these provisions where State laws are at least as stringent. Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress not later than May 1, 1990.
United States · United States Congress · 4 October 1988
Designates January 4, 1989, as National Commissioned Corps of the Public Health Service Centennial Day.
United States · United States Congress · 3 October 1988
Omnibus Anti-Substance Abuse Act of 1988 - Title I: Organization - Subtitle A: National Drug Control Program - National Narcotics Leadership Act of 1988 - Establishes within the Executive Office of the President the Office of National Drug Control Policy to prepare a national drug control strategy, to direct and coordinate Federal drug control efforts, and to be headed by a Director of National Drug Control Policy (DNDCP) and two Deputy Directors. Specifies the duties and responsibilities of the heads of executive branch departments and agencies. Authorizes the Director to designate certain areas of the country as high intensity drug areas and to reassign personnel on a temporary basis and provide funds for programs in such areas. Terminates the National Drug Enforcement Policy Board, the National Narcotics Border Interdiction System, and the White House Drug Abuse Policy Office. Authorizes appropriations. Subtitle B: Department of Justice Civil Enforcement Enhancement - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988 - Directs the Attorney General to ensure that each component of the Department of Justice (DOJ) having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations attaches a high priority to civil enforcement for such violations. Authorizes appropriations. Title II: Crimes and Penalties and Law Enforcement - Subtitle A: Career Criminals - Sets a mandatory penalty of life imprisonment after two or more prior convictions for a felony drug offense. Subtitle B: Public Corruption - Makes it a felony for a public official to seek or accept (or an individual to offer or promise to give) anything of value in exchange for influence to commit an offense against the United States or any State (or with intent to influence such official). Subtitle C: Importation - Requires the U.S. Sentencing Commission (Commission) to promulgate guidelines providing for specified penalties for the importation by aircraft and other vessels of controlled substances. Subtitle D: Schools and Minors - Directs the Commission to promulgate guidelines providing for specified penalties for controlled substances offenses involving minors. Makes exception to the mandatory minimum penalty for first offenses involving five grams or less of marijuana. Subtitle E: Firearms - Increases penalties for the use of certain weapons in connection with a crime of violence or a drug trafficking crime. Sets penalties for the possession of firearms and dangerous weapons in a Federal facility. Subtitle F: Money Laundering - Sets limitations on civil and criminal forfeitures by domestic financial institutions and by defendants who handled but did not retain the property in the course of a money laundering offense. Establishes penalties for conducting financial transactions involving property represented to be the proceeds of specified unlawful activity with the intent to promote or conceal such activity or to avoid a State or Federal transaction reporting requirement. Amends the Bank Secrecy Act to cover businesses similar to financial institutions. Subtitle G: Juvenile Justice - Authorizes the U.S. attorney to forego prosecution of, and surrender to State authorities, a person under 21 years of age who has been arrested, charged, or is a delinquent unless such surrender is authorized by specified provisions of the Federal criminal code pertaining to delinquency proceedings. Subtitle I: Prisons (SIC) - Increases the maximum penalty for drug offenses within Federal prisons. Directs the Attorney General to study and, if appropriate, submit to the Congress proposed legislation which would require prisoners incarcerated in Federal facilities to pay the costs of confinement. Subtitle J: Drug Testing as a Condition of Probation and Supervised Release - Adds drug testing as a condition of probation and supervised release for specified offenses. Establishes procedures for such testing. Subtitle K: Minor and Technical Criminal Law Act Amendments - Minor and Technical Criminal Law Amendments Act of 1988 - Makes technical and conforming amendments to the Federal criminal code. Increases criminal penalties imposed in cases when a bodily injury results during the commission of the crime of deprivation of rights under color of law. Grants the Associate Attorney General authority to: (1) approve certain civil rights prosecutions; (2) approve prosecutions for flight to avoid service of process; (3) summon special grand juries; (4) request a judicial grant of immunity; and (5) object to the disclosure of classified information under the Classified Information Procedures Act. Grants specially designated Assistant Attorneys General authority to approve certain civil rights prosecutions. Grants the Deputy Assistant Attorney General authority to request judicial grants of immunity. Permits the transmission of information on sports betting from a State where such betting is legal to a foreign country where such betting is legal. Permits prosecutions for certain obstruction of justice offenses: (1) to be brought in the district where the official proceeding was intended to be effected or in the district in which the conduct constituting the alleged offense occurred and (2) where the culpable conduct is "corrupt persuasion." Authorizes governmental access to records concerning electronic communication service or remote computing service through the issuance of a trial subpoena. (Current law provides for such access only through the issuance of an administrative or grand jury subpoena.) Amends the Sentencing Reform Act of 1984 to raise the maximum prison term for class B felonies from 20 to 25 years. Amends the Comprehensive Crime Control Act of 1984 to establish conditions for the temporary release (furlough) of persons hospitalized following an acquittal by reason of insanity. Requires copies of certain periodic reports prepared by directors of psychiatric hospitals concerning persons hospitalized for threatening the President, the Vice President, or certain other persons protected by the Secret Service, to be submitted to the Director of the U.S. Secret Service. Extends the power to conduct certain psychiatric and psychological examinations under the Federal criminal code to all psychologists. (Current law extends such power to psychiatrists and clinical psychologists.) Makes conforming amendments to the Federal Rules of Civil Procedure permitting courts to designate psychologists to conduct mental examinations of parties in civil proceedings. Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to create three additional RICO predicates: (1) murder-for-hire; (2) sexual exploitation of children; and (3) fraud in connection with access devices (i.e., credit cards, electronic banking cards, etc.). Amends the Controlled Substances Act (CSA) to subject all personal property used to facilitate a drug offense to forfeiture. (Currently, only certain types of personal property are subject to forfeiture.) Directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency to reflect the contribution of such agency in the actions which led to the forfeiture. Specifies that a decision by the Attorney General under this authority is not subject to judicial review. Authorizes the U.S. Postal Service to: (1) investigate money laundering offenses where the offenses giving rise to the proceeds to be laundered are within the jurisdiction of the Service; and (2) conduct civil forfeiture proceedings in connection with such offenses. Provides that the Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding and that the authority of the Service shall apply only to property that has been administratively forfeited. Amends the Federal criminal code to authorize Federal Prison Industries, Incorporated (Corporation) to issue its obligations to the Secretary of the Treasury. Authorizes the Secretary to purchase such obligations. Allows the Secretary to: (1) sell such obligations as public debt transactions; and (2) upon the request of the Corporation, invest excess monies from the Prison Industries Fund. Permits Corporation funds to be used to acquire industrial buildings and equipment for corporate operations. Prohibits the use of corporate funds for the construction or acquisition of penal or correctional institutions or camps. Requires the board of directors of the Corporation to include in its annual report to the Congress: (1) a statement of the amount of obligations issued during the fiscal year; and (2) an estimate of the amount of obligations that will be issued in the following fiscal year. Requires the board of directors to employ the greatest possible number of inmates in U.S. penal institutions who are eligible to work. Directs the Corporation to: (1) produce products on an economic basis, but avoid capturing a reasonable share of the market among Federal departments; (2) concentrate on providing to the Federal Government only those products which permit employment of the greatest number of inmates; and (3) diversify products so that sales are broadly distributed among industries. Requires any decision to produce a new product or expand production significantly to be made by the board of directors. Directs the Corporation, before such decision is made, to prepare a written analysis of the plan's impact on industry and free labor. Requires the Corporation to provide notice of such plans to potentially affected private vendors or trade associations, allowing such parties to submit comments. Directs the Corporation to provide to the board of directors the analysis, comments, and recommendations for action. Requires the Corporation to publish the final decision of the board of directors and, after each six-month period, a list of sales by the Corporation. Amends the CSA and the Controlled Substances Import and Export Act to provide that all the penalties applicable to an underlying drug offense also apply to an attempt or conspiracy to commit such offense. Specifies that a provision providing for the forfeiture of property found within the United States that is derived from drug offenses that occur overseas applies to both real and personal property and to property derived from or traceable to the proceeds of an offense, as well as the proceeds themselves. Provides a mandatory minimum penalty for trafficking in a substantial quantity of methamphetamine and salts and isomers thereof. Subjects to a fine and imprisonment anyone who conducts a financial transaction involving the proceeds of criminal activity with intent to violate the tax laws. Establishes a misdemeanor penalty in connection with the criminal escape of a person being detained for the purpose of exclusion or deportation under the immigration laws. Authorizes the Federal Bureau of Investigation (FBI) to investigate killings of State or local law enforcement officers upon the request of the head of the agency employing such an officer. Increases the maximum prison term in connection with specified crimes of sexual abuse, murder for hire, involuntary manslaughter, attempted murder, being an accessory after the fact, and certain types of racketeering offenses. Increases the penalty for possessing an explosive in a Federal building. Expands such offenses to include airports that are subject to the regulatory authority of the Federal Aviation Administration (FAA) even though not owned by, or leased to, the United States. Amends the Interstate Agreement on Detainers Act to revise provisions applicable to transfers involving the United States when it obtains custody of a State prisoner on Federal charges. Revises the Federal Rules of Criminal Procedure to require a Federal district court to advise a defendant concerning the effects of supervised release terms on the possible penalty before the court accepts a plea of guilty or nolo contendere. Permits the United States to bring an action to enjoin various types of fraud against the Government. Imposes criminal penalties for obstructing Federal audits and for using the term "Secret Service" without authorization. Amends Federal criminal code provisions governing the time for refiling an indictment or information after it is dismissed because it was found to be defective. Amends the Speedy Trial Act of 1974 to extend or restart the 70-day trial "clock" when the defendant absconds on the eve of trial. (Present law suspends such period during the time that the defendant is a fugitive). Authorizes the Government to refund bail which has been erroneously forfeited. Provides that special assessments shall not be imposed for any offense for which local rules or other Federal law allow a defendant to post collateral in lieu of appearance in court. Authorizes a court to impose conditions alternative to fines, restitution, or community service as conditions of probation for felons. Authorizes a judge or magistrate of the District of Columbia to issue an arrest warrant for a foreign fugitive whose location is unknown. Revises the definition of "petty offense" for purposes of the Federal criminal code, the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, and the Federal Rules of Criminal Procedure. Imposes criminal penalties on persons who mail locksmithing devices. Amends the Assimilative Crimes Act (which authorizes Federal judges to apply State criminal statutes for acts or omissions taking place within a State but on a Federal enclave) to define the various State-enacted sanctions as "punishments" in cases of driving under the influence of drugs or alcohol (thus allowing the imposition of non-jail term sanctions). Provides that refusal to consent to a chemical test following arrest for driving under the influcence on a Federal enclave would result in suspension of driving privileges for one year and would be admissible as evidence in court. Amends provisions with respect to the setting of bail pending appeal. Authorizes the emergency installation of pen registers and trap and trace devices under specified circumstances. Subtitle L: Sentencing Amendments - Amends the Sentencing Act of 1987 to require that the Attorney General assign to the United States Parole Commission for supervision any offender on parole from a foreign country who is transferred to the United States. Requires such offender to serve a term of imprisonment applicable under U.S. sentencing guidelines and to serve any remainder of the term imposed by the foreign country under release supervised by the appropriate district court. Amends the Federal criminal code with respect to the standard of appellate review of sentences. Authorizes the United States Sentencing Commission to: (1) retain private attorneys to advise it; and (2) grant incentive awards to its employees. Requires a court to consider the need to protect the public from future crimes of a defendant when terminating or modifying conditions of supervised release. Amends the Federal Rules of Appellate Procedure with respect to the time for filing a notice of appeal of a sentence. Subtitle M: Miscellaneous - Authorizes the Attorney General to waive immigrant admission requirements with respect to an alien and his immediate family for furnishing specified information to authorities or cooperating with Federal authorities as a witness. Establishes procedures for notice of a defense based upon the defendant's actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency. Establishes: (1) a U.S. Marshals Service within DOJ; and (2) a National Advisory Commission on Law Enforcement within the legislative branch. Subtitle N: State and Local Narcotics Control and Justice Assistance Improvements - Chapter 1: State and Local Narcotics Control and Justice Assistance Improvements - Establishes within DOJ a Bureau of Justice Assistance (BJA). Sets up a drug control and system improvement grant program. Authorizes appropriations. Chapter 2: Juvenile Justice and Delinquency Prevention Programs - Provides for grants for prevention and treatment programs relating to juvenile gangs, drug abuse, and drug trafficking. Authorizes appropriations. Provides for the confidentiality of program records. Chapter 3: Runaway and Homeless Youth - Reauthorizes the Runaway and Homeless Youth Act. Authorizes: (1) a transitional living grant program to promote a transition to self-sufficient living and to prevent long-term dependency on social services; and (2) grants for runaway and homeless youth centers. Chapter 4: Missing Children's Assistance Act - Reauthorizes the Missing Children's Assistance Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require that certain grants or contracts be made by a competitive process. Chapter 5: Family Violence Prevention Act of 1988 - Family Violence Prevention Act of 1988 - Provides for family violence reporting and a national survey of the extent of domestic violence in America. Authorizes appropriations. Chapter 6: Regional Information Sharing Systems Grants - Authorizes the Director of BJA to make grants and enter into contracts for the purpose of identifying, targeting, and removing criminal activities spanning jurisdictional boundaries. Chapter 7: Public Safety Officers' Death Benefits Improvement - Increases the basic level of death benefits payable to beneficiaries of a public safety officer. Authorizes and directs the use of appropriations to establish national programs to assist the families of public safety officers who die in the line of duty. Chapter 8: Criminal History Record, Arrest Warrant, and Stolen Vehicle Record Information Improvement - Criminal History Record Information Improvement Act of 1988 - Provides for grants to improve criminal history record, arrest warrant, and stolen vehicle record information. Chapter 9: College and Railroad Police Information - Makes railroad, private college, and university police departments subject to Federal provisions relating to the acquisition, preservation, and exchange of criminal and related records. Chapter 10: Assistance to State and Local Courts - Amends the State Justice Institute Act of 1984 to reauthorize the State Justice Institute. Chapter 11: Victim Compensation and Assistance - Subchapter A: Victims of Crime Act of 1984 Reauthorization - Reauthorizes the Victims of Crime Act of 1984 (VCA). Amends such Act to make funds available to previously underserved victims populations. Subchapter B: Establishment of Office for Victims of Crime - Establishes within DOJ an Office for Victims of Crime. Specifies the duties of the Director. Amends the VCA to provide authority for grants to the States for the handling, investigations, and prosecution of cases of child abuse, particularly sexual abuse. Specifies eligibility requirements for States to qualify for such assistance. Provides for: (1) the establishment or designation of a State multidisciplinary task force on children's justice; (2) the adoption of State task force recommendations; and (3) grants for Native American Indian tribes to improve the handling, investigation, and prosecution of child abuse cases. Subchapter C: Other Amendments to Victims of Crime Act of 1984 - Amends the VCA to: (1) add victims of drunk driving and domestic violence to those eligible for compensation under such Act; and (2) provide compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes. Subtitle O: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who engage in specified regulated transactions with respect to a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Makes it the responsibility of each regulated person who engages in such a transaction to identify each other party to the transaction. Directs the Attorney General to specify by regulation the types of documents or other evidence that constitute proof of identity. Requires each regulated person to report specified transactions to the Attorney General. Sets forth provisions with respect to the confidentiality of records. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the CSA to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) receive or distribute reportable amounts of chemicals in de minimis amounts so as to evade reporting and recordkeeping requirements; (4) distribute a listed chemical unlawfully; or (5) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violations of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle P: Application of United States Immigration Laws and Deportation of Aliens Committing Aggravated Felonies - Violent Criminal Alien Deportation Act - Amends the Immigration and Nationality Act to prohibit the release from custody or conditional parole of any alien arrested pending a determination of whether such alien is deportable for having been convicted of an aggravated felony. Sets forth criminal penalties for: (1) reentry of certain deported aliens; (2) aiding or assisting certain aliens to enter the United States; and (3) refusal of certain aliens to appear and testify after being subpoenaed. Provides for special deportation proceedings and expedited procedures for the deportation of aliens convicted of aggravated felonies. Bars reentry of such aliens for ten years. Provides for forfeiture of instrumentalities used in bringing in and harboring certain aliens. Subtitle Q: Forfeiture and Customs - Chapter 1: Department of Justice Assets Forfeiture Fund - Establishes within the U.S. Treasury the Department of Justice Assets Forfeiture Fund for: (1) the payment of expenses necessary to seize, maintain, or sell property under seizure, detention, or forfeiture; (2) the payment of awards for information or assistance leading to a civil or criminal forfeiture; or (3) related purposes. Sets forth reporting requirements by the Attorney General to the Congress concerning property seized. Chapter 2: Customs Forfeiture Fund - Establishes within the Treasury the Customs Forfeiture Fund for: (1) the payment of expenses of seizures; (2) awards of compensation to informers; (3) satisfaction of liens and claims of parties in interest to property disposed of under the Tariff Act of 1930 (Tariff Act); and (4) related purposes. Makes available the proceeds of such seizures by the U.S. Coast Guard to the Coast Guard for specified purposes. Requires the Commissioner of Customs to submit annual reports to the Congress. Authorizes appropriations. Chapter 4: Miscellaneous Forfeiture Provisions (SIC) - Amends the CSA to provide for the transfer by the Attorney General of forfeited personal property or the proceeds of the sale of such property. Requires the Attorney General to prescribe regulations for expedited administrative procedures for property seizures for violations involving the possession of personal use quantities of a controlled substance that provide for the immediate return of the property if the owner or interested party did not know of, or consent to, the violation and took reasonable steps to prevent the illegal use of the property. Sets forth provisions relating to: (1) the obtaining of warrants; (2) the powers of U.S. postal personnel to serve warrants and subpoenas, make arrests and seizures, and carry firearms; and (3) the transfer of foreign property by the Treasury. Chapter 5: Administrative Forfeiture - Increases the value of seized vessels or merchandise which requires written and published notice of seizure and forfeiture under the Tariff Act. Subtitle R: United States Magistrates and Court Reforms - Authorizes any U.S. magistrate to: (1) accept a guilty plea for any offense against the United States; and (2) enter a sentence for a misdemeanor or infraction with the consent of the parties involved. Provides for the designation of certain days in which the courts within a circuit shall conduct only proceedings relating to drug offenses. Subtitle S: Military Institutions - Makes the Bureau of Prisons responsible for: (1) administering the confinement facilities located on military installations; and (2) establishing and regulating drug treatment programs and establishing and managing work programs for inmates held in such facilities. Subtitle T: Customs Enforcement Amendments - Amends the Tariff Act to require the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements. Sets penalties for violation of such provision. Grants the same force and effect to a declaration of forfeiture by the appropriate customs officer of a vessel, a vehicle, aircraft, merchandise, or baggage as a final decree and order in a judicial forfeiture proceeding. Subjects persons convicted of specified criminal offenses to fines for the reasonable costs of the investigation and prosecution of the offense, unless the court determines that the defendant lacks the ability to pay. Authorizes the Secretary of the Treasury to administer oaths, subpoena witnesses, take evidence, and compel the production of records in the course of investigating the enforcement of any law that prohibits the importation or exportation of any merchandise. Establishes procedures regarding claims for, and judicial condemnation of, seized vessels or merchandise, forfeiture proceedings, and summary sales of such vessels or merchandise. Amends the Federal Aviation Act of 1958 (Aviation Act) to subject violators to: (1) a civil penalty for failure to report a transfer of ownership of an interest in any aircraft for which a certificate of registration has been issued under such Act; and (2) to seizure and forfeiture in the case of materially false statements or omissions. Subtitle U: Authorization of Additional Appropriations for Drug Enforcement and Interdiction - Chapter 1: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes appropriations for salaries and expenses for the Immigration and Naturalization Service (INS) for FY 1989. Earmarks a specified sum to increase the number of INS inspectors. Authorizes appropriations to the INS for FY 1989 for the Organized Crime Drug Enforcement Task Forces, for additional special agent and support positions, training and equipment, and operations. Specifies that such positions, under the supervision of a director for the pilot project, shall be used exclusively to assist in combatting illegal alien involvement in drug trafficking and crimes of violence. Spells out the authority and responsibility of the director. Requires the Attorney General to set up a pilot program in four cities to establish or improve the capabilities of the local offices of the INS and local law enforcement agencies to respond to inquiries concerning aliens arrested or convicted for, or subject to criminal investigation relating to, a violation of any law relating to controlled substances. Authorizes appropriations for FY 1989 for: (1) salaries, expenses, and increased personnel for the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshalls Service, U.S. Attorney, and the Federal Judiciary; (2) support of United States prisoners in non-Federal institutions; and (3) the Federal Prison System. Chapter 2: Drug Interdiction Asset and Personnel Enhancement - National Drug Interdiction Asset and Personnel Enhancement Act of 1988 - Subchapter A: Coast Guard - Authorizes appropriations to the Coast Guard for FY 1989 for acquisition, construction, improvement, and operating expenses (including personnel). Subchapter B: United States Customs Service - Authorizes appropriations to the U.S. Customs Service for FY 1989 for the air interdiction program and salaries and expenses of the Service (including increasing the number of Customs inspectors). Subchapter C: Drug Enforcement Administration - Authorizes appropriations for salaries and expenses of DEA for FY 1989. Subchapter D: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the border patrol within DOJ, for increased equipment and personnel, for design improvements for the border patrol station of San Clemente, California, and to establish an INS drug education officers program. Subchapter E: Research and Development Programs to Assist Federal Enforcement Agencies - Provides for the use of existing Federal research and development facilities for civilian law enforcement. Authorizes appropriations to the Customs Service for FY 1989 for cargo container drug detection research and development. Directs the Commissioner of Customs to report his findings to the appropriate congressional committees. Subchapter F: Drug Enforcement Training Improvement - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center for expanded training, salaries, and expenses. Directs the Secretary of the Treasury to report to the appropriate congressional committees. Authorizes the Department of Defense, Department of State, DEA, Customs Service, and INS to provide foreign language training to special agent personnel. Authorizes appropriations. Subchapter G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for salaries and expenses of DEA for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subchapter H: Standards of Care in Discovering Contraband - Directs the Secretary of the Treasury to: (1) prescribe regulations for discovering whether controlled substances imported into the United States are aboard a conveyance; and (2) issue controlled substances regulations for a two-year demonstration program to prevent air carrier smuggling. Subchapter I: Interpol-United States National Central Bureau - Authorizes appropriations for the U.S. National Central Bureau for FY 1989, including increases in personnel. Subchapter J: Civil Air Patrol - Directs the Secretary of the Air Force to: (1) issue regulations to ensure that the Civil Air Patrol plays an integral role in drug interdiction and eradiction activities; and (2) submit quarterly reports to specified congressional committees regarding such activities. Title III: Prevention, Education, and Treatment - Subtitle A: Alcohol and Drug Abuse and Mental Health Services Block Grants - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for block grant allotments to States for prevention, treatment, and rehabilitation projects with respect to alcohol and drug abuse and for mental health services. Changes the formula for determining the amount by which State allotments shall be reduced for failure to implement a State comprehensive mental health services plan. Sets forth requirements regarding a report by the Comptroller General of the General Accounting Office with respect to plan implementations. Authorizes the Secretary of Health and Human Services (Secretary) to use not to exceed one percent of the amounts appropriated for the allotments in each of FY 1988 through 1991 to conduct evaluations and prepare reports concerning the effectiveness of the block grant programs. Revises the formula for determination and distribution of the allotments. Sets forth requirements for allotment applications, including requirements that the chief executive officer of each State certify: (1) that the funds will be used for comprehensive mental health services and community mental health centers; (2) that the State will establish reasonable evaluation criteria; (3) the specific purposes for which the funds will be used; (4) that the State will use the funds for specified alcohol and drug abuse activities; (5) that the State will use certain funds to provide new mental health services and programs; and (6) other matters. Requires States, in order to receive allotment payments, to agree to coordinate among mental health services institutions the establishment of a State comprehensive community mental health system. Requires the chief executive officer of a State to establish a State mental health services planning council. Directs the Secretary to report annually to specified committees of the Congress regarding the new State mental health services. Amends title V of the Public Health Service Act to require the Secretary to collect data on mental health and on alcohol and drug abuse treatment. Directs the Secretary to report to specified congressional committees every two years on drug and alcohol and mental health services. Directs the Secretary, through the Director of the National Institute of Mental Health, to develop a model plan for a community-based system of care for seriously mentally ill individuals. Authorizes appropriations and makes allotments to States based on population and need. Sets forth procedures for applications by the States, reporting, and evaluation. Specifies appropriate and prohibited uses of such funds. Provides for training, technical assistance, and data collection. Subtitle B: National Institutes of Alcohol, Drug Abuse, and Mental Health - Establishes an Office for Substance Abuse Prevention within the Alcohol, Drug Abuse, and Mental Health Administration. Specifies the duties and authority of the Administrator of such agency. Renames the Administration the National Institutes of Alcohol, Drug Abuse, and Mental Health. Directs the Secretary to make grants to States, political subdivisions, and nonprofit entities for specified types of mental health services demonstration projects, subject to certain restrictions. Authorizes appropriations for FY 1988-90 for specified projects. Directs the Administrator to establish and implement a public information program of fetal alcohol syndrome and to report to specified congressional committees. Authorizes appropriations for FY 1988-91 for the National Institute on Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1989-91 for the National Institute on Drug Abuse (NIDA). Provides for the dissemination of drug treatment information and for the evaluation of the Veterans Administration's inpatient and outpatient drug and alcohol treatment programs. Requires the Director of NIDA to conduct annual surveys of households and high school seniors nationwide. Directs the Secretary to establish demonstration projects providing grants to States to provide treatment and referrals to individuals who abuse drugs. Sets forth provisions governing procedures for awarding grants, criteria for such awards, applications, and preferences to projects demonstrating a comprehensive approach to the problem. Requires, as a condition of awarding grants, a systematic evaluation of the projects funded. Authorizes appropriations for FY 1989-93. Directs the Secretary to develop and maintain an ongoing program of research and evaluation of alcohol and drug abuse treatment programs to determine the most effective treatment methods and to assess the comparative efficacy and cost-effectiveness of different methods. Directs the Secretary to: (1) make grants to States for community youth activity programs, giving priority to projects such as those seeking to reinvolve dropouts in educational programs and providing outreach to individuals at high risk of substance abuse; and (2) develop and conduct a structural evaluation of the different approaches utilized across the nation to reduce substance abuse. Subtitle C: Institute of Medicine - Directs the Secretary to: (1) conduct a study concerning the appropriate treatment, rehabilitation, and continuing use of persons suffering from severe and disabling mental illnesses; and (2) report to specified congressional committees on the results of such study. Authorizes appropriations. Subtitle D: Alternative Utilization of Military Facilities - Requires the Director of NIDA to: (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities that could house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment programs of the availability of space at such installations; and (3) assist such agencies in developing methods for adapting such installations into residential treatment centers. Sets forth the duties of such State agencies. Allows the Director to reserve space at such facilities to conduct research or demonstration projects. Amends the Federal Property and Administrative Procedures Act of 1979 to allow surplus property under the control of an executive agency to be donated for drug abuse treatment centers. Subtitle E: Acquired Immunodeficiency Syndrome Block Grants - Amends the PHSA to authorize appropriations to make grants to public and nonprofit private entities for programs seeking to reduce the transmission of the acquired immunodeficiency virus in and by users of illegal intravenous drugs. Specifies: (1) allotments of funds appropriated to the States and U.S. territories; (2) information and assurances required concerning the implementation of programs; and (3) appropriate uses of allotments and unexpended sums. Subtitle F: Miscellaneous - Provides for the: (1) establishment of the Office of Associate Director for Special Populations to develop and coordinate prevention, treatment, research, and administrative policies and programs to assure increased emphasis on the needs of women and minorities for the prevention and treatment of alcoholism, alcohol abuse, and related problems; and (2) development of a model insurance benefit plan to be considered for adoption by the Administrator of the Office of Personnel Management and the Congress, including a consideration of the costs and benefits of alternative coverage designs. Requires the Secretary to submit a report containing recommendations concerning the latter to the appropriate congressional committees and to make such report available to members of the insurance industry and business community. Authorizes appropriations for FY 1989 for National Research Service Awards. Authorizes the Secretary to make funds available for the training of personnel to treat substance abuse. Authorizes appropriations for FY 1989. Establishes drug testing certification program requirements. Directs the Secretary of Labor to make funds available to enable employers to develop employee drug and alcohol abuse assistance programs. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations for FY 1989-91. Requires the Secretary to: (1) report to specified congressional committees concerning the range of treatment programs for drug abuse utilized with funds provided under the PHSA and other such programs utilized by State and local governments and private organizations; and (2) identify those programs that demonstrate effective treatment for drug abuse. Amends the PHSA to grant the Public Helath Service authority to enter into certain lease-purchase contracts for the acquisition by lease of buildings and facilities needed to carry out its mission. Subtitle G: Drug Education - Drug-Free Schools Amendments of 1988 - Amends the Drug Free Schools and Communities Act of 1986 to increase appropriations authorized for FY 1989-93. Authorizes State regional drug and alcohol abuse education and prevention centers. Grants priority for the use of funds to training activities concerning drug abuse education and prevention for individuals such as teachers, counselors, parents, and community leaders. Includes within the definition of "high risk youth" individuals who have experienced chronic failure in school. Revises requirements for State applications to include: (1) a detailed comprehensive plan describing how money allocated to the chief executive officer is to be used; and (2) a description of any applicable State teacher certification requirements regarding training in drug and alcohol abuse education and prevention, including a description of the extent to which substance abuse education and prevention is included in teacher training curricula in the State. Authorizes the use of local drug abuse education and prevention program funds for: (1) outreach activities, abuse prevention programs, and referral services for school dropouts; and (2) counseling programs and referral services for parents and siblings of drug and alcohol abusers. Requires State and local reports to be submitted biennially to the Secretary of Education and the appropriate State educational agency, respectively, containing information on the conduct and progress of such programs. Directs such Secretary to make grants to State and local educational agencies and institutions of higher education for teacher training programs. Sets forth application procedures. Authorizes appropriations for FY 1989-93. Directs such Secretary to: (1) conduct an independent evaluation of a representative sample of programs assisted under this subtitle and identify successful projects which may be replicated by other local education agencies throughout the country, and transmit an interim and final report concerning the results of such evaluation; (2) develop model criteria and forms for the collection of data and information with respect to programs under this subtitle, and to disseminate such criteria and forms to regional centers as a resource to States and local educational programs; and (3) provide for the development and dissemination of early childhood education drug abuse prevention curriculum materials and reserve a specified sum for such purpose. Subtitle H: Effective Date - Sets forth the effective date of this title. Title IV: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: Authorization of Appropriations; Allocation of Funds - Amends the Foreign Assistance Act of 1961 (FAA) to authorize appropriations for FY 1989 for international narcotic control activities, multilateral and regional drug abuse control programs, and the development and implementation of a machine-readable document border security program. Directs the Assistant Secretary of State for International Narcotics Matters to give greater attention to those countries which are drug-transit countries but not major drug-transit countries, and which are cooperating fully with the United States in its international narcotics control efforts. Earmarks appropriations for narcotics control assistance to such countries. Amends the State Department Basic Authorities Act of 1956 (SDBAA) to provide additional funds for rewards for information relating to international terrorism. Provides for the reallocation of funds withheld from countries which failed to take adequate steps to halt illicit drug production or trafficking. Earmarks funds for FY 1989 for: (1) education and training of, and the expenses of deploying, training teams in foreign countries for narcotics control purposes; and (2) procurement of weapons to defend aircraft involved in narcotics control efforts. Sets forth congressional notification requirements. Subtitle B: Restriction on Foreign Assistance and Trade Benefits - Revises certification procedures for drug producing and drug-transit countries under the Trade Act of 1974 and the FAA to take into account actions by foreign governments to stem the flow of illicit drugs into the United States. Authorizes assistance under the FAA for narcotics education and awareness activities. Subtitle C: Reporting Requirements - Subjects any transfer by the Government to a foreign country for narcotics control purposes of any property seized by, or otherwise forfeited to, the Government in connection with narcotics-related criminal activity to the regular reprogramming procedures under the FAA. Requires the President to submit a report to the Congress of all such transfers during that fiscal year. Requires the President to submit annual reports to the Congress describing: (1) the assistance provided, or to be provided, to certain countries by the DEA, Customs Service, and Coast Guard; and (2) U.S. assistance for the previous fiscal year which was denied and the identities of officials whose activities caused such government to be evaluated. Requires specified determinations by the President to be expressed in numerical terms of maximum achievable reductions in illicit drug production. Requires the President to include in the first report required under the FAA what, if any, incentives may be appropriately provided to encourage each country's further cooperation. Provides for additional notification and reporting requirements on drug producing and drug-transit countries. Subtitle D: Latin American Anti-Drug Strike Force - Requires the President to direct the U.S. Ambassador to the Organization of American States (OAS) to initiate discussions with OAS members aimed at securing agreement on the formation of a multinational strike force to conduct operations against international illegal drug smuggling organizations in the Western Hemisphere. Directs the Secretary of State to report to specified congressional committees on progress toward achieving establishment of such strike force. Provides for the submissions to the Congress of a supplemental budget request for FY 1989 and 1990 covering the U.S. share of its operation, if progress is made or an agreement reached. Subtitle E: Miscellaneous Provisions - Urges: (1) the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency; and (2) the United States to seek to curb international money laundering on the domestic front. Expresses the sense of the Congress that the President should: (1) convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere; and (2) call for negotiations on the establishment of an international drug force to pursue and apprehend major international drug traffickers. Directs the President to conduct a review of U.S. reliance on narcotics raw material from foreign sources. Places restrictions on presidential certifications under the FAA with respect to any major drug producing or drug-transit country which is also a producer of licit narcotics and raw materials. Title V: User Accountability - Subtitle A: Opposition to Legalization and Public Awareness - Expresses the sense of the Congress opposing legalization of illicit drugs. Requires the Drug Control Director to develop a public awareness campaign pertaining to penalties for the use or possession of illegal drugs. Subtitle B: National Commission on Drug-Free Schools - Establishes a National Commission on Drug-Free Schools. Specifies the composition, duties, compensation of members, and powers of the Commission. Requires the Commission to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle C: Preventing Drug Abuse in Public Housing - Chapter 1: Regulatory and Enforcement Provisions - Amends the United States Housing Act of 1937 (Housing Act) to permit the termination of a tenancy in public housing where any member of the tenant's household, guest, or a person under the tenant's control engages in specified criminal activity. Authorizes a public housing agency to hire investigators of drug crimes. Requires the Secretary of Housing and Urban Development (HUD) to: (1) conduct a study of the extent to which security activities in public housing projects are funded under the Performance Funding System; and (2) transmit to the Congress a report on such study. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants under the BJA block grant program to address the problems of drug trafficking and the manufacture of controlled substances in public housing. Includes a leasehold interest in property as subject to forfeiture under the CSA. Chapter 2: Public Housing Drug Elimination Pilot Program - Public Housing Drug Elimination Act of 1988 - Authorizes the Secretary of HUD to make grants to public housing agencies to eliminate drug-related crime in public housing projects. Includes among the authorized uses of such funds: (1) employment of security personnel; (2) reimbursement of local law enforcement agencies for additional protective services; and (3) security-enhancing physical improvements. Requires such Secretary to report to the Congress on the success of the program. Authorizes FY 1989 appropriations. Chapter 3: Report on Impact of Public Housing Lease and Grievance Regulation on the Ability of PHAS to Take Action Against Tenants Engaging in Criminal Activity - Directs the Secretary of HUD to submit to the Congress a report on the impact of the implementation of specified provisions of the Housing Act on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity. Subtitle D: Drug-Free Workplace Act of 1988 - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act. Subtitle E: Transportation Industry Alcohol and Controlled Substances Testing Program - Amends the Aviation Act to establish an alcohol and controlled substances testing program for air carriers and Federal Aviation Administration employees in safety-sensitive positions. Prohibits continued service by individuals in such positions following use of alcohol or a controlled substance without lawful authorization. Directs each air carrier to establish and maintain a rehabilitation program providing for the identification, and opportunity for treatment, of employees and Federal Aviation Administration employees in safety-sensitive positions. Provides for the establishment of procedures for testing, including the setting of standards for testing and confirmation of results. Specifies the relationship between this and other laws and regulations. Amends: (1) the Federal Railroad Safety Act of 1970 to provide analogous treatment for the railroad industry; and (2) the Commercial Motor Vehicle Safety Act of 1986 to set up a pilot program for the random testing of commercial motor vehicles to determine illicit alcohol or drug use. Requires the Secretary of Transportation to: (1) establish a program of testing and screening of urban mass transportation employees in safety-sensitive positions upon a reasonable suspicion of illicit alcohol or drug use; and (2) promulgate regulations, including requirements for a rehabilitation program for such employees. Subtitle F: Federal Privileges and Benefits - Requires the DNDCP to submit to the Congress a list of Federal privileges, benefits, grants, and loans which, if withheld from individuals convicted of a Federal or State drug offense, would significantly deter the use of illegal drugs in the United States. Subtitle G: Restrictions on Passports for Violators of Controlled Substance Laws and Other Laws - Amends the SDBAA to place restrictions on passports for violators of controlled substance laws. Subtitle H: Authorization of Appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention - Authorizes appropriations for the President's Media Commission on Alcohol and Drug Abuse Prevention for FY 1989-91. Title VI: Sense of the Congress on Drug Funding - Expresses the sense of the Congress with respect to the funding of authorizations in this Act, the handling of subsequent obligations that might arise, and the raising of additional funds from an Internal Revenue Service enforcement and collection initiative and increased receipts arising out of the assets forfeiture fund. Title VII: Death Penalty for Drug-Related Killings - Amends the CSA to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to the offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for CSA violations; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 29 September 1988
Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to add provisions authorizing the Secretary of Health and Human Services to make grants to States to assist in the provision of drugs determined to prolong the lives of individuals with acquired immune deficiency syndrome (AIDS) and related conditions. Authorizes appropriations. Prohibits grants from being made after March 31, 1989. Declares that the provisions added by this Act shall cease to exist on March 31, 1989.
United States · United States Congress · 28 September 1988
Generic Animal Drug and Patent Term Restoration Act - Title I: New Animal Drug Applications - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize abbreviated applications for the approval of a new animal drug. Requires such application to show that permitted uses, ingredients, dosages, labeling, and other factors are the same as or bioequivalent to a new animal drug already approved. Requires such application to contain a certification relating to patents covering the approved drug. Requires an applicant who makes such a certification to state in the application that a specified notice has been given to each owner of the patent (or owner-representative) and the holder (or holder-representative) of the approved application for the drug or drug use claimed by the patent. Requires the permission of the Secretary of Health and Human Services before an abbreviated application may be submitted for a new drug whose route of administration, dosage form, or strength differ from that of an approved new animal drug or whose use with other animal drugs in animal feed differs from that of an approved new animal drug. Requires the Secretary to publish and update a list of the official and proprietary name of each new animal drug which has been approved and continues to be approved for safety and effectiveness, including patent information as it comes in. Directs the Secretary to approve an application for a drug unless the Secretary makes specified findings, such as faulty manufacture or insufficient information. Sets forth a formula for determining when an approved application becomes effective, based upon the nature of the certification relating to patents. Prohibits an abbreviated application for a new animal drug based upon a nonabbreviated application approved after this Act's enactment until five years after the nonabbreviated application is approved, except as specified. Requires a three-year wait for abbreviated applications based upon nonabbreviated applications approved after this Act's enactment which contain essential new investigations of an ingredient already approved. Requires the applicant to file with the application (or amend it when the information becomes available) the patent number and the expiration date of any patent which claims the drug or a method of using it and with respect to which a claim of patent infringement could reasonably be asserted if a nonlicensee engaged in the drug's manufacture, use, or sale. Requires the Secretary to disapprove the application if it does not contain certain patent information, or to withdraw approval if the patent information was not filed within a specified time after notification. Requires that safety and effectiveness data be made available to the public, except as specified. Provides for the promulgation of regulations to administer the amendments made by this title. Prohibits the dispensing of certain drugs for animal use without a prescription. Deems the act of dispensing a drug in violation of this Act to be an act resulting in misbranding while the drug is held for sale. Specifies that such drugs are considered misbranded if their labels fail to bear the statement, "Caution: Federal law restricts this drug to be used by or on the order of a licensed veterinarian." Prohibits the Secretary from approving an abbreviated application for a new animal drug which is primarily manufactured using recombinant DNA, recombinant RNA, hybridoma technology, or other processes involving site specific genetic manipulation techniques (biotechnology). Title II: Patent Terms - Amends the patent laws to include animal drugs under the patent extension provisions applicable to human drugs which compensate for regulatory delays. Provides that it is shall be a patent infringement to make, use, or sell a patented animal drug or veterinary biological product which is primarily manufactured using a process involving site specific genetic manipulation techniques solely for uses reasonably related to the development and submission of information under a Federal law regulating the manufacture, use, or sale of drugs. Specifies that it shall be an act of infringement to submit an application under the FDCA for a drug claimed in a patent, or an application under related Federal provisions for a drug or veterinary biological product which is not primarily manufactured using biotechnology and which is claimed in a patent, if the purpose of the submission is to obtain approval under such Act to engage in the commercial manufacture, use, or sale of such drug or product before the expiration of such patent.
United States · United States Congress · 22 September 1988
Handicapped Programs Technical Amendments Act of 1988 - Title I: Amendments to the Education of the Handicapped Act - Amends the Education of the Handicapped Act (EHA) to make technical and conforming amendments, including making terminology gender neutral, updating cross-references, and revising language referring to people with handicaps or disabilities. Removes references to the National Advisory Committee on the Education of the Handicapped (whose statutory authority has already been repealed under other Federal law). Specifies that the term "institution of higher education" includes community colleges receiving funding from the Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978. Revises provisions for preschool grants for special education and related services for handicapped children aged three through five to provide that appropriations for such grants program for FY 1987 and 1988 received by a State whose allotment for the succeeding fiscal year is adjusted downwards shall remain available for obligation by such State, and by its local educational agencies and intermediate educational units, during the two fiscal years succeeding the fiscal year for which they were made. Revises provisions for grants to State educational agencies and institutions of higher education for traineeships. Directs the Secretary of Education (the Secretary) to make a grant of sufficient size and scope to each State educational agency which applies, and to an institution of higher education in any State where the State educational agency does not apply for such a grant. Authorizes the Secretary also to make a limited number of such grants to State educational agencies on a competitive basis (up to ten percent of the total amount expended in the preceding year). Authorizes the Secretary to make continuation grants for FY 1989 to institutions of higher education that received competitive grants for FY 1987. Sets forth a special rule for FY 1987 preschool grants. Allows a State educational agency to use funds made available in FY 1986 under the preschool grants program in FY 1987 in accordance with statutory and regulatory provisions in effect for FY 1986 and its application for FY 1986. Makes inapplicable to children aged three through five in any State for any fiscal year for which the State receives a preschool grant under EHA certain Federal regulations requiring a public agency to make free public education available to all of its handicapped children of the same age in the same disability category, if it provides education to 50 percent or more of its handicapped children in any disability category in the three to five age group. Title II: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to make technical and conforming amendments, including making terminology gender neutral and updating cross-references, and revising language referring to people with handicaps and disabilities. Renames: (1) the National Council on the Handicapped as the National Council on Disability; (2) the Interagency Committee on Handicapped Research as the Interagency Committee on Disability Research; and (3) the Office of Information and Resources for the Handicapped as the Office of Information and Resources for Individuals with Disabilities. Revises provisions relating to membership and expiration of members' terms on the Architectural and Transportation Barriers Compliance Board. Changes the wording of certain provisions from "employment of the handicapped" to "employment of people with disabilities," and from "handicapped individuals" to "individuals with handicaps." Corrects provisions for an authorization of appropriations to reflect an authorization through FY 1991. Title III: Amendments Relating to the President's Committee on Employment of People with Disabilities - Amends a specified Joint Resolution to change: (1) a certain commemorative week to a commemorative month; (2) the name from National Employ the Physically Handicapped (Week) to National Disability Employment Awareness Month; and (3) references to "handicapped workers" to references to "workers with disabilities." Amends another specified Joint Resolution to change the name of the President's Committee on National Employ the Physically Handicapped Week to the President's Committee on People with Disabilities. Authorizes such Committee to: (1) accept voluntary and uncompensated services; and (2) accept, use, and dispose of money or property received by gift, devise, bequest, or otherwise. Title IV: Amendments Relating to the American Printing House for the Blind - American Printing House for the Blind Amendments of 1988 - Terminates on October 1, 1989, the perpetual trust fund and the permanent annual appropriations established under specified Federal law providing for the American Printing House for the Blind (APHB). Makes a conforming amendment to another specified Federal law, thereby preserving its authorization of appropriations for APHB, while removing a reference to the permanent annual appropriation. Deems compensated by the appropriation to APHB for FY 1990 any and all rights of APHB determined to have vested in the permanent trust fund. Provides that references to the permanent trust fund and permanent annual appropriations shall not be given any effect, notwithstanding any Federal law. Title V: Amendments to the Helen Keller National Center Act - Amends the Helen Keller National Center Act to extend through FY 1991 the authorization of appropriations for the Helen Keller National Center for Deaf-Blind Youths and Adults.
United States · United States Congress · 22 September 1988
AIDS Health Services Act of 1988 - Directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants to eligible consortia for services to people with acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC), including inpatient and nursing home care, primary community health and support services, and secondary community support services. Requires that priority be given to the development and availability of primary community health and support services. Requires at least 20 percent of funds made available to be used for the provision of services for members of minority communities. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to conduct health and mental health services research focused on the delivery of services to individuals infected with the etiologic agent for AIDS, including studies on: (1) service delivery to members of minority communities; (2) the societal distribution of the costs of infection with the etiologic agent; and (3) the most cost-effective ways of providing services. Authorizes appropriations for FY 1989.
United States · United States Congress · 22 September 1988
AIDS Health Care Financing Act of 1988 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend the maximum required period of continuation coverage of group health plans from 18 months to 29 months for an individual determined, under title II (Old Age, Survivors and Disability Insurance) or title XVI (Supplemental Security Income) of the Social Security Act, to have been disabled at the time of termination or reduction in hours. Increases the premium which plans are permitted to require for continuation coverage from 102 percent to 152 percent of the applicable premium for the period for any month after the 18th month of continuation coverage after terminations, reduced hours, or multiple qualifying events. Amends title XIX (Medicaid) of the Social Security Act to permit States to pay expenses of an individual eligible for benefits under its plan for premiums, deductibles, coinsurance, or similar costs for health coverage offered by the individual's employer, including continuation coverage. Directs the Secretary of Health and Human Services to provide for a three-year program of grants to States to assist in paying premiums, deductibles, coinsurance, and similar costs for continuation coverage for individuals who were disabled at the time of termination of employment. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991. Provides that when the Secretary allows a State Medicaid plan to provide for payment for individuals with acquired immune deficiency syndrome (AIDS) or an AIDS-related condition, for home or community-based services such as home health care, personal care services, case management services, outpatient mental health treatment, and outpatient substance abuse treatment, the Federal medical assistance percentage shall not be less than 75 percent. Declares that nothing in title XIX of the Social Security Act shall be construed as preventing a State from establishing differential payment rates for providers to reflect the additional costs of providing services to patients with AIDS or an AIDS-related condition. Directs the Secretary to provide for up to four Regional AIDS Treatment Demonstration Projects for individuals with AIDS and AIDS-related conditions in areas which do not have a disproportionate number of such individuals. Requires the projects to incorporate innovative approaches to the delivery of necessary services, particularly focusing on community-based services. Requires each project to provide for case management services and community-based services. Sets forth considerations in selection of projects. Authorizes appropriations for FY 1989 through 1991. Sets forth reporting requirements. Directs the Secretary to establish up to six Demonstration HIV Monitoring and Treatment Centers for individuals diagnosed as infected with a virus related to the development of AIDS but who have not developed AIDS. Sets forth terms and conditions relating to the imposition of charges for services, the development of model clinical treatment plans, and confidentiality of records. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide financial assistance to up to four local projects which have established AIDS prevention and treatment services to permit the projects to assist entities in developing and establishing similar local projects in other areas. Allows the assistance to be used for staff, overhead, and the preparation and reproduction of educational materials. Prohibits use of the assistance for AIDS prevention and treatment services. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide financial assistance to local governments which demonstrate a disproportionate share of: (1) residents with AIDS or an AIDS-related condition; or (2) expenditures from local funds for treatment of such syndrome or condition. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 22 September 1988
AIDS Health Services Act of 1988 - Directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants to eligible consortia for services to people with acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC), including for inpatient and nursing home care, primary community health and support services, and secondary community support services. Requires that priority be given to the development and availability of primary community health and support services. Requires at least 20 percent of funds made available to be used for the provision of services for members of minority communities. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to conduct health and mental health services research focused on the delivery of services to individuals infected with the etiologic agent for AIDS, including studies on: (1) service delivery to members of minority communities; (2) the societal distribution of the costs of infection with the etiologic agent; and (3) the most cost-effective ways of providing services. Authorizes appropriations for FY 1989.
United States · United States Congress · 20 September 1988
Handicapped Programs Technical Amendments Act of 1988 - Title I: Amendments to the Education of the Handicapped Act - Amends the Education of the Handicapped Act (EHA) to make technical and conforming amendments, including making terminology gender neutral, updating cross-references, and revising language referring to people with handicaps or disabilities. Removes references to the National Advisory Committee on the Education of the Handicapped (whose statutory authority has already been repealed under other Federal law). Specifies that the term "institution of higher education" includes community colleges receiving funding from Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978. Revises provisions for preschool grants for special education and related services for handicapped children aged three through five to provide that appropriations for such grants program for FY 1987 and 1988 received by a State whose allotment for the succeeding fiscal year is adjusted downwards shall remain available for obligation by such State, and by its local educational agencies and intermediate educational units, during the two fiscal years succeeding the fiscal year for which they were made. Revises provisions for grants to State educational agencies and institutions of higher education for traineeships. Directs the Secretary of Education (the Secretary) to make a grant of sufficient size and scope to each State educational agency which applies and to an institution of higher education in any State where the State educational agency does not apply for such a grant. Authorizes the Secretary also to make a limited number of such grants to State educational agencies on a competitive basis (up to ten percent of the total amount expended in the preceding year). Authorizes the Secretary to make continuation grants for FY 1989 to institutions of higher education that received competitive grants for FY 1987. Sets forth a special rule for FY 1987 preschool grants. Allows a State educational agency to use funds made available in FY 1986 under the preschool grants program in FY 1987 in accordance with statutory and regulatory provisions in effect for FY 1986 and its application for FY 1986. Makes inapplicable to children aged three through five in any State for any fiscal year for which the State receives a preschool grant under EHA certain Federal regulations requiring a public agency to make free public education available to all of its handicapped children of the same age in the same disability category, if it provides education to 50 percent or more of its handicapped children in any disability category in the three to five age group. Title II: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to make technical and conforming amendments, including making terminology gender neutral and updating cross-references, and revising language referring to people with handicaps and disabilities. Renames: (1) the National Council on the Handicapped as the National Council on Disability; (2) the Interagency Committee on Handicapped Research as the Interagency Committee on Disability Research; and (3) the Office of Information and Resources for the Handicapped as the Office of Information and Resources for Individuals with Disabilities. Revises provisions relating to membership and expiration of members' terms on the Architectural and Transportation Barriers Compliance Board. Changes the wording of certain provisions from "employment of the handicapped" to "employment of people with disabilities" and from "handicapped individuals" to "individuals with handicaps." Corrects provisions for an authorization of appropriations to reflect an authorization through FY 1991. Title III: Amendments Relating to the President's Committee on Employment of People with Disabilities - Amends a specified Joint Resolution to change: (1) a certain commemorative week to a commemorative month; (2) the name from National Employ the Physically Handicapped Week to National Disability Employment Awareness Month; and (3) references to "handicapped workers" to references to "workers with disabilities." Amends another specified Joint Resolution to change the name of the President's Committee on National Employ the Physically Handicapped Week to the President's Committee on People with Disabilities. Authorizes such Committee to: (1) accept voluntary and uncompensated services; and (2) accept, use, and dispose of money or property received by gift, devise, bequest, or otherwise. Title IV: Amendments Relating to the American Printing House for the Blind - American Printing House for the Blind Amendments of 1988 - Terminates on October 1, 1989, the perpetual trust fund and the permanent annual appropriations established under specified Federal law providing for the American Printing House for the Blind (APHB). Makes a conforming amendment to another specified Federal law, thereby preserving its authorization of appropriations for APHB while removing a reference to the permanent annual appropriation. Deems compensated by the appropriation to APHB for FY 1990 any and all rights of APHB determined to have vested in the permanent trust fund. Provides that references to the permanent trust fund and permanent annual appropriations shall not be given any effect, notwithstanding any Federal law. Title V: Amendments to the Helen Keller National Center Act - Amends the Helen Keller National Center Act to extend through FY 1991 the authorization of appropriations for the Helen Keller National Center for Deaf-Blind Youths and Adults.
United States · United States Congress · 15 September 1988
Sets forth the rule for the consideration of H.R. 3133 (emergency medical services).
United States · United States Congress · 14 September 1988
Patient Identifying Information Confidentiality Act of 1988 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, before disclosing to the Congress any medical record acquired or created by the Public Health Service, to delete identifying information in the record, unless the individual identified gives written consent. Directs the Secretary, for the purposes of cross-referencing the medical records pertaining to a particular individual, to establish by rule a system by which such records may be identified without using identifying information.
United States · United States Congress · 9 September 1988
Act to Provide Demonstration Projects for Treatment of Drug Addicted Babies Act of 1988 - Amends title V (Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse) of the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Office for Substance Abuse Prevention, to establish a demonstration project to make grants to provide: (1) respite care to mothers who are addicted to drugs and treatment for their babies; (2) training to such mothers to enable them to care for their babies; and (3) further services to enable families with such mothers to gain a chance at a drug free life. Sets forth requirements for such projects. Directs the Secretary to make at least three but no more than five grants, with at least one grant going to a city with a population between specified levels. Directs the Secretary to give priority to projects that: (1) demonstrate that State, city, or community funding will be provided for the project; and (2) encourage the use of senior citizen contributions in the care of drug addicted babies. Sets forth reporting requirements. Authorizes appropriations for FY 1989 and 1990.
United States · United States Congress · 9 September 1988
Amends the Public Health Service Act to create a new part on drug treatment for pregnant women. Requires any drug treatment program that receives Federal assistance to give priority to the treatment of pregnant women and afford them the first opportunity to receive treatment, notwithstanding any waiting list. Directs the Secretary of Health and Human Services to establish a demonstration project to make grants to provide pregnant women with various drug treatment services. Requires applicants to agree to provide: (1) outreach to pregnant women who are abusers of alcohol or illegal drugs; (2) substance abuse treatment and rehabilitation; (3) prenatal care to pregnant women who are abusers of alcohol or illegal drugs; (4) counseling; (5) coordination with other Federal, State, and local programs designed to assist pregnant women; and (6) continued assistance to women who have received assistance under this Act and their infant children. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 9 September 1988
Community Youth Activities Act of 1988 - Amends title V (Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse) of the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to States to carry out activities as described in this Act. Sets forth a minimum grant amount. Directs the Secretary to reserve five percent of the amount appropriated for any fiscal year to carry out this Act for projects of national significance which are expected to have a significant impact in preventing use of drugs among youth. Requires, if the amount appropriated is under a specified amount, that 25 percent of the amount appropriated be allotted equally among the 50 States, with the remainder apportioned according to stated priorities. Sets forth general priorities in making the grants. Declares that the assistance received under this Act may be used for: (1) State regional substance abuse education and prevention centers designed to provide technical assistance, outreach, consultation, training, and referral services; (2) community services and partnerships designed to develop community activities targeted at substance abuse prevention through education, training, and recreation projects; and (3) other projects or proposals consistent with the intent of this Act. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to evaluate projects conducted with assistance under this Act. Requires grant applications to include a description of the method to be used in evaluating the impact the program is having on the drug problem within the community.
United States · United States Congress · 7 September 1988
Indian Health Care Amendments of 1988 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1988 through 1992, including scholarship programs and continuing education allowances. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service Act can be met by service: (1) in the Indian Health Service (Service); (2) in a program conducted under a contract entered into under the Indian Self-Determination Act; (3) in a program assisted under this Act; or (4) in private practice if it is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Makes conforming amendments relating to the Indian Health Scholarship Program under the Public Health Service Act. Amends the Public Health Service Act to make Native Hawaiians, subject to available appropriations, eligible for scholarships under the Indian Health Scholarship Program. Authorizes appropriations for FY 1989, and for each fiscal year thereafter. Directs the Secretary, under the Snyder Act, to maintain a Community Health Representative Program to provide for the training and the use of Indians as health paraprofessionals to Indian communities. Establishes the Indian Health Service Loan Repayment Program to assure an adequate supply of health professionals by allowing repayment of educational loans for obligated service in an Indian Health program. Requires annual reports to the Congress on operation of the program. Authorizes appropriations. Authorizes the Secretary to reimburse the travel expenses of health professionals seeking Service positions. Requires the Secretary to fund Indian projects to recruit, place, and retain health professionals. Authorizes appropriations. Establishes a program of advanced training and research for Indian health professionals, requiring obligated service for three times the period during which the person participates in the program. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend funds for the improvement of the health of Indians. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Permits the allocation of such funds on a service unit basis. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Provides that a reasonable portion of funds from the Indian Health Care Improvement Fund that are used for contracts under the Indian Self-Determination and Education Assistance Act may be used for health planning, training, technical assistance, and other administrative support functions. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all tribes to a zero level deficiency. Directs the President to include with the submission of the budget a separate statement identifying funding requests. Authorizes appropriations for FY 1990 through 1992 for specified health services. Designates such appropriations as the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet the extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Requires the Secretary to provide health promotion and disease prevention services to Indians. Requires the Secretary to include in each health services priority system report an evaluation of the health promotion and disease prevention needs of Indians and the resources that are necessary to meet them. Establishes a diabetes prevention, treatment, and control program with diabetes screening, model diabetes project continuance and establishment, and diabetes control officer positions. Authorizes appropriations. Directs the Secretary to establish in the State of Hawaii, as a demonstration project, a Native Hawaiian Program for Health Promotion and Disease Prevention to meet the unique health care needs of Native Hawaiians. Authorizes the Secretary to enter into contracts with Native Hawaiian organizations to assist the Secretary in providing health care services under the Native Hawaiian demonstration project. Requires the Secretary to enter into a contract with a Native Hawaiian organization to: (1) conduct a study to determine the incidence of diabetes among Native Hawaiians and ways to reduce its incidence; and (2) prepare an inventory of health care programs within Hawaii that are available for the treatment, prevention, or control of diabetes among Native Hawaiians. Requires such organization to prepare and transmit a report to the Secretary. Requires the Secretary to submit such report to the Congress and the President. Directs the Secretary to enter into contracts with Native Hawaiian organizations to: (1) establish a diabetes control program; (2) promote coordination between all health care providers in the delivery of diabetes-related services to Native Hawaiians; (3) establish a model diabetes program to serve Native Hawaiians in Hawaii; (4) develop an outreach program to assure the diagnosis, prevention, and treatment of diabetes among Native Hawaiians; (5) develop a standardized system to collect, analyze, and report diabetes data among Native Hawaiians; and (6) conduct diabetes research and coordinate such research with State agencies and the Department of Health and Human Services. Directs the Secretary to submit certain reports to the Congress. Requires the Secretary to: (1) include in contracts with Native Hawaiian organizations conditions to ensure that the objectives of such contracts are achieved; (2) develop procedures to evaluate compliance with, and performance of, contracts entered into by Native Hawaiian organizations; and (3) conduct an annual onsite evaluation of each Native Hawaiian organization. Sets forth specified actions the Secretary may take if a Native Hawaiian organization does not comply with the conditions of a contract. Permits the Secretary, at the request or consent of a Native Hawaiian organization, to amend contracts entered into with such organizations. Requires each Native Hawaiian organization to submit to the Secretary a quarterly report of its activities. Authorizes appropriations for FY 1989 through 1992. Provides that the United States shall have the right to recover reasonable expenses incurred by the Secretary in the provision of health services, through the Service, to individuals. Requires all funds reimbursed to the United States by reason of the provision of such services to be retained and be available to carry out the programs to provide health care services to Indians. Title III: Health Facilities - Requires the Secretary to consult with any Indian tribe that would be significantly affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Directs the President to include with the budgets submitted for FY 1990 through 1992 program justification documents for the construction of 20 Indian health facilities. Requires the Secretary to submit to the Congress a report relating to the current health facility priority system. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to submit to the Congress a report with respect to current Indian sanitation. Authorizes appropriations for FY 1990 through 1992. Permits tribes, subject to acceptance by the Secretary, to expend certain non-Indian Health Service funds for the renovation of Indian Health Service facilities, subject to specified conditions. Authorizes the Secretary to exchange certain real property with the Bethel Native Corporation (Alaska). Title IV: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Lists criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of the contracts entered into under this title; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if such an organization's performance has been noncompliant or otherwise unsatisfactory and problems cannot be resolved. Sets forth other specified contract requirements. Requires urban Indian organizations to submit a quarterly report to the Secretary. Redefines "urban Indian organization" to mean a nonprofit corporate body situated in an urban center and governed by an urban Indian controlled board of directors. Title V: Organizational Improvements - Requires the Secretary to: (1) establish an automated management information system for the Indian Health Service; and (2) provide such systems to Indian tribes and tribal organizations that provide health services under contracts with the Service. Directs the Secretary to reimburse each tribe and tribal organization for the cost of the operation of such system that is used for the treatment of Service patients. Title VI: Miscellaneous Provisions - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or by tribally operated programs. Extends to FY 1991 the time during which Arizona is designated as a contract health service delivery area. Requires the Secretary to submit a report to the Congress containing specified data determining which Indians in California should be eligible for health services. Specifies those Indians considered eligible until the Congress takes further action. Designates the State of California, excluding specified counties, as a contract health service delivery area. Provides that the Service shall fund tribal contract facility costs for clinic repairs, employee training, employee cost of living increases, and other health services expenses on the same basis as such funds are provided to facilities operated directly by the Service. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Service. Authorizes the Secretary under certain circumstances to provide medical care or benefits by the Service to otherwise ineligible persons. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality and fetal alcohol syndrome rates. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana. Requires the Secretary to examine the feasibility of the sharing of medical facilities and services between the Service and the Veterans Administration. Requires the implementation of an agreement allowing reciprocal care between Service facilities at Fort Duchesne, Utah, and VA facilities at Salt Lake City, Utah. Requires the Secretary to report certain reallocations of base resources to the Congress. Requires the Secretary to make grants to: (1) the Tohono O'odham Tribe of Arizona to establish a four-year demonstration project for assumption of the health care delivery system for the Tribe; and (2) the Eight Northern Indian Pueblos Council, San Juan Pueblo, New Mexico, to provide substance abuse treatment services. Requires the Secretary to provide health care services for Indians in Montana. Requires a study to determine the number of active nuclear resource development sites on Indian lands and the associated health hazards. Requires a report to the Congress. Prohibits the use of Depo-Provera for contraceptive and other purposes by the Service. States that any limitation on the use of funds contained in a Department of Health and Human Services appropriation Act with respect to the performance of abortions shall apply for the same period with respect to the performance of abortions using funds contained in an Indian Health Service appropriations Act.
United States · United States Congress · 11 August 1988
Amends the Rehabilitation Act of 1973 to authorize the Director of the National Institute on Disability and Rehabilitation to conduct a research program to finance development of advanced technology prosthetic and orthotic devices by Federal, State, and local government agencies and qualified private organizations. Requires such program to include research on: (1) the development of lower and upper limb devices; (2) useful applications of modern materials; and (3) new methods of utilizing body power. Allows such grants to include funds for: (1) continuing education in prosthetics and orthotics; and (2) establishing Colleges of Prosthetics and Orthotics. Directs the Secretary of Education to prescribe regulations for such program within 90 days after enactment of this Act. Authorizes appropriations for FY 1990 and 1991.
United States · United States Congress · 11 August 1988
Adolescent Pregnancy and Parenthood Act of 1988 - Replaces title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act with a new title on services for pregnant adolescents and adolescent parents. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts to provide authorized services to certain pregnant adolescents, adolescent mothers, and the qualified relations of such adolescents. Includes among authorized services: (1) comprehensive prenatal and postpartum care; (2) well-baby and well-child care; (3) family planning methods and services; (4) family life and parenting education; (5) education and referral regarding sexually transmitted diseases; (6) counseling and referral; (7) aid in obtaining health, mental health, and social services; and (8) other appropriate services. Sets forth priorities in making the grants and contracts. Requires that applicants for the grants and contracts agree to: (1) give priority to the provision of services to low income individuals and others who have limited access to such services; (2) not require an individual to accept authorized services as a prerequisite to other services or assistance; (3) provide services only on a voluntary basis and only after advising of the benefits and risks of each of the options available; (4) encourage the individual, to the extent practicable, to seek the assistance of the individual's family, and (5) encourage community involvement in the planning and implementation of the program. Requires that charges imposed by the applicant, if any: (1) be made according to a public schedule; (2) not be imposed on individuals below the poverty line; and (3) be adjusted to reflect the income of the individual. Prohibits applicants from making items or services available which can be covered by any State compensation program, insurance policy, or Federal or State health benefits program, or by an entity that provides prepaid health services. Limits administrative expenses to ten percent of the grant or contract. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 11 August 1988
Helping Expand Access to Long-Term Health Care Act of 1988 - Amends title XVIII (Medicare) of the Social Security Act to establish a new program under part C of such title providing grants to States for the provision of home care, adult day health care, and respite care (noninstitutional long-term care) to Medicare beneficiaries. Makes a Medicare beneficiary eligible for home care and adult day health care benefits if he or she cannot perform at least two activities from a specified list of daily living activities or suffers from a similar level of disability as a result of cognitive impairment. Makes a beneficiary eligible for respite care benefits if he or she cannot perform at least one daily living activity or suffers from a similar level of disability as a result of cognitive impairment and is dependent on the uncompensated daily assistance of a primary caregiver with whom he or she resides. Requires case managers to review the eligibility of individuals for noninstitutional long-term care and conduct follow-up assessments of an individual's care to ensure that appropriate utilization levels are maintained. Provides individuals with a reconsideration of an eligibility determination and an administrative hearing in the event of an adverse reconsideration. Authorizes States to: (1) limit payment for home care benefits to 65 percent of the average annual cost of Medicare skilled nursing facility services and charge individuals whose income exceeds 200 percent of the Federal poverty level a copayment of five dollars per home visit; (2) cover no more than 125 days of adult day health care each year, set a reasonable cost limit on payments for such care, and impose a five dollar copayment for each day of care for individual's whose income exceeds 200 percent of the Federal poverty level; and (3) set a $2,000 limit on total expenses incurred for respite care and impose a 25 percent copayment for such incurred expenses. Imposes conditions on the participation of adult day health care centers, including the requirement that each center have a multidisciplinary team of personnel which evaluates the needs of eligible individuals and develops individualized treatment and service plans which address such needs. Requires each State to maintain its current level of expenditures on noninstitutional long-term care for Medicare beneficiaries, with the Federal Government covering the additional cost of the part C program. Prohibits any State from having to finance more than 25 percent of the costs of such program, but requires States to cover at least five percent of such costs. Requires any State which has noninstitutional long term care savings by reason of the Federal Government's coverage of 75 percent of program costs to use such savings to provide health care for medically underserved individuals in the State. Increases the State contribution percentage when States exceed projected program costs. Establishes the Long-Term Care Estimates Board which shall rule on a State's appeal of the Secretary of Health and Human Services' estimate of the amount which will be expended by the State to provide noninstitutional long-term care benefits for a calendar year. Authorizes States to submit their own estimates of such amount to the Secretary by August 1 of the preceding calendar year. Establishes the Federal Long-Term Care Assistance Trust Fund from which part C payments shall be made. Requires the transfer to such trust fund of amounts saved in other Federal programs by reason of part C coverage. Amends part B (Peer Review) of title XI of the Act to require peer review organizations to periodically review the part C eligibility determinations made by case managers. Limits total Federal part C funding for 1989 to $1,000,000,000. Authorizes the Secretary to allow a State to temporarily conduct a modified part C program if such State does not have sufficient service networks or trained personnel to provide the benefits set forth in this Act. Finances this Act's expansion of Medicare benefits by eliminating the limit on wages or self-employment income subject to the Medicare hospital insurance tax and transferring resultant revenues from the Federal Hospital Insurance Trust Fund to the Federal Long-Term Care Assistance Trust Fund. Sets forth study and reporting requirements relating to the part C program.
United States · United States Congress · 11 August 1988
Health Care Providers Responsibility Act of 1988 - Amends the Internal Revenue Code to remove the Federal income tax exemption for interest on any inpatient health care facility bond (a 501(c)(3) bond) with respect to any facility that at the time of bond issuance does not have in effect a provider agreement under the relevant State's Medicaid plan. Subjects to the tax on unrelated business income of charitable organizations the owner of any inpatient health care facility that was financed from proceeds of any tax-exempt bond and that does not have a provider agreement under a State Medicaid plan. Denies an income tax deduction for interest on financing to these same entities. Amends title XVIII (Medicare) of the Social Security Act to require hospitals and skilled nursing facilities to have in effect a provider agreement under the relevant State Medicaid program as a condition for eligibility to participate in the Medicare program.
United States · United States Congress · 10 August 1988
Declares that, if the Secretary of Health and Human Services certifies compliance with conditions of this title, provisions of the Public Health Service Act imposing liability in the nature of recovery by the Government of funds provided for the construction or modernization of medical facilities shall not apply to the sale of a specified facility in San Juan County, Utah, on November 26, 1986. Sets forth the conditions which must be met, including: that (1) the transferor county, a political subdivision of the State of Utah, establishes and administers an irrevocable trust to satisfy, with respect to such facility, its obligation under Federal laws and regulations to provide for adequate facilities to furnish needed services for persons unable to pay; and (2) the transferee corporation agrees to satisfy the obligation of the county to provide such services for persons unable to pay. Directs the Secretary to make such determination within 12 months after enactment of this Act and to certify the determination to the Congress. Directs the Secretary to monitor compliance and, if conditions are not met or either party fails to carry out its duties, to ensure that proceedings are commenced to recover the amounts as provided by current law.
United States · United States Congress · 10 August 1988
Sets forth the rule for the consideration of H.R. 5142 (acquired immune deficiency syndrome programs).
United States · United States Congress · 3 August 1988
Lifecare Long-Term Care Protection Act - Part A: General Provisions - Adds a new title to the Public Health Service Act: Lifecare Long-Term Care Protection Program. Directs the Secretary of Health and Human Services to contract with States or private nonprofit organizations to establish and administer a long-term care agency for each designated area of a State. Requires contracting agencies to establish: (1) a screening division to make determinations of eligibility for agency services under this Act; (2) a case management services division to develop and administer a care plan for each individual and to allocate resources; and (3) a registry of qualified providers of home and community-based and nursing home care. Sets the method for determining State fund contributions. Part B: Coverage of Home and Community-Based Care Services - Sets forth eligibility requirements for home and community-based care services, including that the individual be 65 or older, be under 19, or be receiving certain Social Security benefits; and be dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State. Prescribes the procedures for payments by the Secretary to long-term care agencies and other service providers. Limits the payment for home health and community-based services for three years, based on a percentage relating to Medicare (title XVIII of the Social Security Act) benefits. Prescribes procedures for subsequent years and sets the amount of coverage, including measures of severity of need for services. Requires a copayment by beneficiaries. Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each long-term care agency. Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures. Part C: Coverage of First Six Months of Nursing Home Care - Provides, subject to certain limitations, for nursing facility services for up to six months for eligible individuals. Allows an extension of up to one year if medical assessment indicates a reasonable possibility of the patient returning home. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge. Sets forth eligibility requirements for benefits under this part. Part D: Insurance Coverage for Nursing Home Care That Exceeds Six Months - Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors. Part E: Training and Research - Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly and in the administration of such programs. Authorizes appropriations through FY 1992. Requires that grants be made to State approved programs to train individuals in the provision of home health aide services. Authorizes appropriations through FY 1992. Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations through FY 1992. Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations through FY 1992.
United States · United States Congress · 3 August 1988
AIDS Federal Policy Act of 1988 - Title I: Counseling and Testing with Respect to Acquired Immune Deficiency Syndrome - Amends the Public Health Service Act to create a new title on counseling and testing with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services to make a grant allotment for each State for each of FY 1989 through 1991. Authorizes the Secretary to make grants to entities which are grantees under other specified provisions, have received appropriated funds as alternate blood testing sites, or are nonprofit hospitals. Requires the allotments and grants be used only for counseling individuals with respect to AIDS and testing individuals for infection with the etiologic agent for AIDS. Directs the Secretary, in making the grants, to give preference to applicants in geographic areas where, in FY 1989, the number of additional cases of AIDS, or in FY 1990 and subsequent fiscal years, if sufficient and accurate data are available, the number of additional cases of infection with the etiologic agent constitutes one percent or greater of such cases in the United States. Prohibits the Secretary from making an allotment or grant unless the applicant agrees to ensure, in accordance with Federal law and with State and local law not superseded by Federal law, the confidentiality of information and records with respect to individuals counseled or tested. Requires a written, signed statement of informed consent by the individual to be tested, with special provisions relating to testing through the use of a pseudonym and anonymous testing. Requires grantees to provide counseling which includes coverage of specified points before testing, after a negative test result, and after a positive test result. Requires grantees, where appropriate, to provide opportunities for women, children, hemophiliacs, and emergency response employees to undergo counseling under conditions appropriate to their needs. Allows grantees to use the grant to provide counseling without testing. Requires applicants who regularly provide treatment for sexually transmitted diseases or for intravenous substance abuse and applicants who are family planning clinics or tuberculosis clinics to routinely test for infection with the etiologic agent for AIDS. Prohibits the Secretary from making a grant to a State unless the State requires testing of each individual who is convicted of prostitution, a crime relating to sexual assault, or a crime relating to intravenous drug abuse. Requires the State to test certain individuals on entering the penal system and during the 30-day period preceding their release. Requires the State to notify the individual before the test is performed. Requires, on request of a victim of a crime relating to sexual assault, that the victim be notified of the results of the testing. Allows the Secretary to make a grant to a State for each of FY 1989 and 1990 if the State provides assurances that it will establish the requirements not later than October 1, 1990. Prohibits the Secretary from making a grant to a State unless the State provides assurances that it will: (1) encourage individuals in the State receiving, after 1976, a transfusion of any blood product to undergo testing; and (2) inform the individuals of public health facilities in the area that offer testing. Prohibits the Secretary from making a grant to a State unless the State requires that: (1) any entity carrying out testing confidentially report to the State public health officer information sufficient to perform statistical and epidemiological analyses of the incidence and demographic characteristics of cases of infection; and (2) the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of contact tracing. Requires State grantees to establish a civil cause of action and a criminal penalty for knowing actions by an infected individual which exposes another individual to the etiologic agent through: (1) donation of blood, semen, breast milk, or an organ; (2) sexual activity; and (3) any behavior with intent to expose another individual. Provides for an exception where the person exposed gives prior consent to being exposed. Allows the Secretary to make a grant to a State for each of FY 1989 and 1990 if the State provides assurances that it will establish the civil and criminal actions not later than October 1, 1990. Allows the State chief executive officer to certify, in lieu of enactment of any statute or issuance of any regulation, that the law of the State is in substantial compliance. Requires States, to the extent permitted under State law, to offer substantial opportunities for an individual to undergo counseling and testing anonymously and through the use of a pseudonym. Prohibits requiring testing as a condition of receiving other health services, unless the testing is medically indicated in the health services being sought. Requires that grantees who provided counseling and testing before receipt of these grants use the grants to increase the availability of counseling and testing. Provides for administration of the grant, including prohibiting: (1) imposing a charge on any individual seeking counseling or testing who is unable to pay the charge; and (2) expending more than ten percent of the grant for administration. Sets forth a formula for determination of the amount of allotments for States. Authorizes the Secretary, on request of a grantee, to provide supplies, equipment, services, and detailed personnel in lieu of grant funds. Directs the Secretary, directly or through grants and contracts, to evaluate programs carried out with grants made under this Act for counseling and testing. Authorizes appropriations for FY 1989 through 1991, with 50 percent of any appropriations going to allotments and 50 percent going to grants. Requires all individuals receiving counseling under these provisions to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. Prohibits funds from being used to provide counseling that promotes or encourages, directly, homosexual or unsafe heterosexual sexual activity or intravenous substance abuse, but declares that this may not be construed to prohibit a counselor from providing the most current scientific knowledge to reduce the individual's risk of exposure to, or the transmission of, the etiologic agent, provided any informational materials used are not obscene. Creates another new part in the new subtitle established by this Act concerning confidentiality with respect to counseling and testing. Prohibits certain persons, without regard to whether such person receives Federal financial assistance, from disclosing identifying information with respect to a protected individual or a contact of such individual. Includes among such persons anyone who obtains identifying information: (1) directly or indirectly in connection with counseling or testing with regard to AIDS, providing health care to the protected individual, or carrying out a disclosure authorized by this Act or ordered by a court under this Act; (2) by directly perceiving any record developed in such counseling, testing, health care, or disclosure; or (3) in connection with notification of emergency response employees under specified provisions of this Act. Authorizes consensual disclosure of identifying information through a specified procedure, including consent by a guardian of a legally incompetent person and consent, after the death of the protected individual, by the claimant of life insurance proceeds, for disclosure to the insurance company. Provides for nonconsensual disclosure: (1) to a health care provider in connection with counseling or testing, to the protected individual, or to the guardian of an incompetent individual; (2) to a health care provider who is likely to be occupationally exposed to the etiologic agent; (3) to a State public health officer if required by State law; (4) in connection with donation of blood, semen, breast milk, or an organ; (5) to a person preparing the body of a protected individual for burial; (6) intraorganizationally as necessary; (7) from a person receiving disclosure to any person authorized in these provisions for authorized purposes; (8) in connection with certain sales, transfers, mergers, or consolidations of all or portions of organizations; and (9) in certain circumstances involving insurance policies and health plans. Authorizes a court of competent jurisdiction, with respect to the protected individual or contact involved, to: (1) order disclosure of identifying information to a State health officer in order to prevent a clear and imminent danger of transmission, by the individual or contact, of the etiologic agent; and (2) authorize the officer to disclose identifying information to the extent reasonably necessary to prevent such danger. Sets forth procedures, including in camera hearings, use of pseudonyms, and sealing of records. Provides for nonconsensual disclosures to victims of sexual assault. Authorizes physicians and counselors to make nonconsensual disclosures to spouses, sexual contacts, and people with whom the protected individual has shared a hypodermic needle, in certain circumstances. Requires, subject to exception, that: (1) disclosures be accompanined by a written declaration that redisclosure may be prohibited by law; and (2) in certain circumstances, the protected individual be notified in writing of the disclosure. Provides for civil money penalties and civil causes of action for intentional or negligent violation of disclosure provisions of this part. Authorizes injunctive relief initiated by the Secretary and a civil cause of action by any aggrieved individual. Provides for in camera proceedings, use of pseudonyms, and sealing of records. Provides for criminal penalties for intentional violation of disclosure provisions. Provides for termination of grants and contracts with any Federal agency and suspension or debarment of any Federal grantee or contractor for violation of certain disclosure provisions of this part. Declares that the imposition of a penalty or the receipt of relief under specified provisions of this part does not preclude other penalties or relief under Federal law. Declares that this part supersedes any State law that provides penalties or causes of action for failure to make disclosures not authorized by this part or for making disclosures authorized by this part. Directs the Secretary, acting through the Director of the Centers for Disease Control, to develop guidelines and a model curriculum for emergency response employees (EREs) with respect to the prevention of exposure to AIDS during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the guidelines and model curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs. Directs the Secretary to make grants to States and local governments to assist with initial implementation of the guidelines and model curriculum. Authorizes appropriations. Requires a medical facility to notify the designated officer of an ERE if the facility determines that a victim the ERE transported to the facility is infected with the etiologic agent for AIDS. Requires a medical facility, upon request of the designated officer of any EREs who attended, assisted, or transported the victim, to notify the designated officer if the facility makes a determination that a victim transported by EREs is infected with the etiologic agent for AIDS. Makes notification requirements apply to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Directs the public health officer of each State to designate one official or officer of each employer of EREs to make requests and receive notifications. Sets forth notification procedures. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that these provisions relating to EREs shall not be construed to authorize or require: (1) a medical facility to test any victim for infection with the etiologic agent; or (2) any medical facility, designated officer, or ERE to disclose identifying information with respect to a protected individual. Provides, for violations of certain provisions of this Act, for civil monetary penalties, injunctive relief, and civil causes of action. Directs the Secretary to issue guidelines describing circumstances under which an individual infected with the etiologic agent can expose other individuals to the agent. Title II: Research with Respect to Acquired Immune Deficiency Syndrome - Amends title IV (National Research Institutes) of the Public Service Act to direct the Secretary of Health and Human Services to expedite the award of grants, contracts, and cooperative agreements for research projects relating to acquired immune deficiency syndrome (AIDS). Provides for time limitations for submission of and final action on applications submitted in response to a solicitation by the Secretary. Allows the Secretary to adjust the limitations. Amends the Public Health Service Act to create a new title on research with respect to AIDS. Requires the Director of the Office of Personnel Management (OPM) or the Administrator of General Services to respond within 14 days to any request for the allocation of personnel or for administrative support to carry out activities with respect to AIDS (priority requests) made by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), the Director of the Centers of Disease Control (CDC), the Commissioner of Food and Drugs, or the Director of the National Institutes of Health (NIH). Requires such requestors to transmit a copy of each priority request to the Secretary and the Assistant Secretary for Health. Prohibits the Director of OMB from taking any action to prevent requests. Mandates specified minimum numbers of additional personnel for the CDC, the NIH, the Food and Drug Administration (FDA), the ADAMHA, the Health Resources and Services Administration (HRSA), and the Office of the Assistant Secretary of Health. Directs the Secretary, through the Director of the National Institute of Allergy and Infectious Disease (NIAID), to establish the AIDS Clinical Research Review Committee to: (1) advise the Director on research; (2) review research, issue reports, conduct studies, and convene meetings regarding clinical treatment; and (3) establish a telephone number to provide information to health professionals. Directs the Secretary, through the Directors of the National Cancer Institute (NCI) and the NIAID, to establish in each Institute a clinical evaluation unit. Authorizes appropriations. Directs the Secretary, through the Director of the NIAID, to establish a program for the evaluation of drugs which are not approved by the Commissioner for AIDS treatment and which are being used by individuals infected with the etiologic agent for AIDS. Authorizes the Secretary to make grants and enter into contracts and cooperative agreements for the purpose of conducting the drug evaluations. Includes as eligible for the grants, contracts, and agreements nonprofit private organizations established for the purpose of evaluating AIDS treatments and consisting primarily of individuals infected with the etiologic agent for AIDS. Directs the Secretary to establish scientific and ethical guidelines for the evaluations. Authorizes appropriations. Directs the Secretary, through the Director of the NIH, to make grants to and enter into contracts with international organizations concerned with public health: (1) for international research on vaccines and treatment; and (2) to support projects for training individuals in skills and technical expertise and to support epidemiological research. Authorizes the provision of technical assistance for foreign governments. Requires support provided by the Secretary to be in furtherance of the World Health Organization's Special Programme on Acquired Immunodeficiency Syndrome. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary, through the Director of NIAID, to make grants and enter into contracts for centers for basic and clinical research into, and training in, advanced diagnostic, prevention, and treatment methods for AIDS. Prohibits the grants and contracts from being used to provide training for which National Research Service Awards may be provided. Authorizes appropriations. Directs the Secretary, acting through the National Library of Medicine, to establish the International Acquired Immune Deficiency Syndrome Research Data Bank to collect and disseminate information to the public, general practitioners, and investigators. Directs the Secretary to establish a schedule of charges for foreign users of the data bank. Authorizes appropriations. Directs the Secretary, acting through the Director of the CDC, directly or through cooperative agreements and contracts, using representative sampling and other methods, to provide for the continuous collection of data on the U.S. incidence of AIDS and of infection with the etiologic agent. Directs the Secretary to encourage each State to enter into a cooperative agreement or contract with the Secretary. Requires publication of the data collected at least once a year. Directs the Secretary, through the Director of the CDC, to develop an epidemiological data base and provide for long-term studies. Authorizes grants, contracts, and cooperative agreements. Authorizes grants for long-term research into treatments for AIDS developed from knowledge of the genetic nature of the etiologic agent for AIDS. Directs the Secretary, through the Director of the National Institute of Mental Health, to make grants for scientific research into the psychological and social sciences as such sciences relate to AIDS. Authorizes appropriations. Directs the Secretary, through the Director of the CDC, to establish fellowship and training programs to develop skills in epidemiology, surveillance, testing, and laboratory analysis relating to AIDS. Directs the Secretary, through the Director of the National Institute of Mental Health, to conduct or support fellowship and training programs to train individuals at the graduate or postgraduate level to conduct scientific research into the psychological and social sciences as such sciences relate to AIDS. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary, acting through the Director of the NIH, to develop and expand clinical trials of treatments and therapies for infection with the etiologic agent for AIDS, including for women, infants, children, hemophiliacs, and minorities. Authorizes the Director to: (1) establish or support efforts using specialized biological materials; (2) support research and training outside the United States; (3) encourage and coordinate research by industrial concerns; (4) acquire and maintain real and personal property; (5) make grants for the construction or renovation of facilities; (6) acquire buildings in or around the District of Columbia; and (7) enter into contracts and cooperative agreements as necessary to expedite and coordinate research. Requires the Director of the NIH to establish projects to promote cooperation in research. Sets forth reporting requirements. Defines "acquired immune deficiency syndrome," for the purposes of the new title added by this title, to include any condition arising from infection with the etiologic agent for such syndrome. Directs the Secretary, through the Director of the CDC, to conduct a study of AIDS mortality rates among various groups, among geographic areas, and among individuals with varying financial resources for the payment of health care services. Directs the Secretary, through the Director of NIAID, to conduct a study of the consensus among health care professionals on clinical treatment for preventing the development of symptoms arising from infection with the etiologic agent for AIDS. Directs the Secretary to request the National Academy of Sciences and other similar institutions to report regarding the establishment of consortia for research and development. Sets forth reporting requirements. Title III: National Commission on Acquired Immune Deficiency Syndrome - Establishes a National Commission on Acquired Immune Deficiency Syndrome to study and make recommendations regarding: (1) national policy and priorities with respect to acquired immune deficiency syndrome (AIDS) including research, testing for the AIDS virus, confidentiality of test results, treatment and care of AIDS sufferers, prevention of the transmission of AIDS, and education about AIDS; (2) the appropriate roles of Federal, State, and local governments, and of the private sector regarding such national policy and priorities; and (3) guidelines for the coordination of AIDS activities with international organizations. Directs the Commission to hold hearings and to submit interim and final reports to the President and to the Congress. Directs the Administrator of Veterans Affairs to assist the Commission by preparing: (1) a detailed compilation and synopsis of national and international medical research on AIDS; and (2) a detailed report on activities of the Veterans Administration relevant to the duties of the Commission. Authorizes appropriations for FY 1988. Terminates the Commission 30 days after submission of its final report. Authorizes the President to extend the life of the Commission for a period not to exceed two years.
United States · United States Congress · 3 August 1988
Clinical Laboratory Improvement Amendments of 1988 - Title I: Clinical Laboratories Under the Public Health Service Act - Amends the Public Health Service Act to prohibit soliciting or accepting materials from the human body for laboratory procedures without a certificate issued by the Secretary of Health and Human Services. Makes certificates valid for a maximum of two years. Requires certain criteria to be met for issuance or renewal of a certificate, including that the laboratory makes agreements regarding: (1) inspections by the Secretary; (2) treating proficiency testing samples in the same manner as other materials; (3) billing patients directly; and (4) disclosure of a financial interest in the laboratory held by the referring physician, the referring group of physicians, or an immediate family member of the referring physician. Authorizes a laboratory to be accredited for certification if it meets the standards of an approved accreditation body and if the laboratory authorizes that body to submit information to the Secretary as the Secretary requires. Allows the Secretary to approve an accreditation body if certain criteria are met, including: (1) that the body's standards are at least as stringent as the Secretary's; (2) that the body agrees to collect from the laboratories it accredits and forward to the Secretary certain fees. Sets forth procedures relating to withdrawal of an accreditation body's approval. Directs the Secretary to evaluate annually the performance of each accreditation body by conducting inspections. Directs the Secretary to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of personnel; and (4) qualification under a proficiency testing program. Directs the Secretary to establish standards for the proficiency testing programs for certified laboratories to be conducted by the Secretary, an approved private nonprofit organization, or an approved accrediting body. Mandates that proficiency be tested to each examination and procedure quaterly, subject to exception. Directs the Secretary to establish a system to make proficiency testing program results available, upon request, to any person. Directs the Secretary to establish national standards for quality assurance in cytology services. Authorizes the Secretary, on an announced or unannounced basis, to enter and inspect certified laboratories. Grants the Secretary access to all facilities, equipment, materials, records, and information. Provides for intermediate sanctions, including civil monetary penalties. Allows the Secretary, after notice and opportunity for hearing, to suspend, revoke, or limit a certificate for specified causes. Allows suspension before a hearing in certain circumstances. Prohibits any person who has owned or operated a laboratory which has had its certificate revoked from owning or operating a certified laboratory within two years of revocation. Requires suspension of the certificate of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for: (1) judicial review of certificate suspensions, revocations, and limitations; and (2) sanctions, including criminal fines and imprisonment. Directs the Secretary to require payment of fees for issuance and renewal of certificates, with the amounts set by the Secretary based on the volume and scope of the testing being performed. Directs the Secretary to establish the fees at lower rates for laboratories which are accredited. Directs the Secretary to annually compile information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) certificate revocations; (3) sanctions or intermediate sanctions; (4) withdrawal or revocation of accreditation; (5) injunctions; and (6) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Permits the Secretary, by agreement, to use and pay for the Services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance with these provisions where State laws are at least as stringent. Title II: Studies - Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress.
United States · United States Congress · 3 August 1988
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity that qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of these contracts. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information acquired by the Library after January 1, 1960; (3) make available to medical libraries, through modern technologies, all full-text biomedical information in its collection; (4) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (5) make available such new information to research and teaching institutions, at cost; and (6) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting biomedical or teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations.
United States · United States Congress · 29 July 1988
Helping Expand Access to Long-Term Health Care Act of 1988 - Amends title XVIII (Medicare) of the Social Security Act to establish a new program under part C of such title providing grants to States for the provision of home care, adult day health care, and respite care (noninstitutional long-term care) to Medicare beneficiaries. Makes a Medicare beneficiary eligible for home care and adult day health care benefits if he or she cannot perform at least two activities from a specified list of daily living activities or suffers from a similar level of disability as a result of cognitive impairment. Makes a beneficiary eligible for respite care benefits if he or she cannot perform at least one daily living activity or suffers from a similar level of disability as a result of cognitive impairment and is dependent on the uncompensated daily assistance of a primary caregiver with whom he or she resides. Requires case managers to review the eligibility of individuals for noninstitutional long-term care and conduct follow-up assessments of an individual's care to ensure that appropriate utilization levels are maintained. Provides individuals with a reconsideration of an eligibility determination and an administrative hearing in the event of an adverse reconsideration. Authorizes States to: (1) limit payment for home care benefits to 65 percent of the average annual cost of Medicare skilled nursing facility services and charge individuals whose income exceeds 200 percent of the Federal poverty level a copayment of five dollars per home visit; (2) cover no more than 125 days of adult day health care each year, set a reasonable cost limit on payments for such care, and impose a five dollar copayment for each day of care for individual's whose income exceeds 200 percent of the Federal poverty level; and (3) set a $2,000 limit on total expenses incurred for respite care and impose a 25 percent copayment for such incurred expenses. Imposes conditions on the participation of adult day health care centers, including the requirement that each center have a multidisciplinary team of personnel which evaluates the needs of eligible individuals and develops individualized treatment and service plans which address such needs. Requires each State to maintain its current level of expenditures on noninstitutional long-term care for Medicare beneficiaries with the Federal Government covering the additional cost of the part C program. Prohibits any State from having to finance more than 25 percent of the costs of such program, but requires States to cover at least five percent of such costs. Requires any State which has noninstitutional long term care savings by reason of the Federal Government's coverage of 75 percent of program costs to use such savings to provide health care for medically underserved individuals in the State. Increases the State contribution percentage when States exceed projected program costs. Establishes the Long-Term Care Estimates Board which shall rule on a State's appeal of the Secretary of Health and Human Services' estimate of the amount which will be expended by the State to provide noninstitutional long-term care benefits for a calendar year. Authorizes States to submit their own estimates of such amount to the Secretary by August 1 of the preceding calendar year. Establishes the Federal Long-Term Care Assistance Trust Fund from which part C payments shall be made. Requires the transfer to such trust fund of amounts saved in other Federal programs by reason of part C coverage. Amends part B (Peer Review) of title XI of the Act to require peer review organizations to periodically review the part C eligibility determinations made by case managers. Limits total Federal part C funding for 1989 to $1,000,000,000. Authorizes the Secretary to allow a State to temporarily conduct a modified part C program if such State does not have sufficient service networks or trained personnel to provide the benefits set forth in this Act. Amends title XIX (Medicaid) of the Act to provide Medicaid coverage of part C premiums. Finances this Act's expansion of Medicare benefits by eliminating the limit on wages or self-employment income subject to the Medicare hospital insurance tax and transferring resultant revenues from the Federal Hospital Insurance Trust Fund to the Federal Long-Term Care Assistance Trust Fund. Sets forth study and reporting requirements relating to the part C program.
United States · United States Congress · 14 July 1988
Lyme Disease Act of 1988 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to States for research and treatment with respect to Lyme disease. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 14 July 1988
Amends title XXII (Requirements for Certain Group Health Plans for Certain State and Local Employees) of the Public Health Service Act to make specified changes with regard to: (1) continuation coverage exception rules; (2) the definition of the term "covered employee;" (3) reemployment or Medicare eligibility; and (4) applicable premiums.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 7 July 1988
International Health Corps Act - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to establish the International Health Corps (Health Corps), to consist of the International Health Development Corps (Development Corps) and the International Health Emergency Corps (Emergency Corps). Authorizes the Secretary of Health and Human Services, on request of a foreign government, to assign members of: (1) the Development Corps to serve in the country to assist the country in meeting the long-term basic health care needs of its people; and (2) the Emergency Corps to provide short-term assistance in the country with regard to an ongoing medical emergency. Directs the Secretary to disseminate information on the Health Corps and request health care professionals to provide services to the Corps without compensation. Requires a health care professional to be considered, while providing uncompensated services to the Health Corps, an employee of the Public Health Service for purposes of provisions relating to defense of certain malpractice and negligence suits. Directs the Secretary to establish programs in which health professionals and health professions students agree to: (1) serve as members of the Development Corps for at least two years in return for payment by the Federal Government of not more than $20,000 of their educational loans for each year of service; or (2) provide uncompensated services to the Development Corps for at least six months in return for payment by the Federal Government of not more than $5,000 of their educational loans for each six months of service, subject to an aggregate limit. Makes provisions of the Public Health Service Act relating to the National Health Service Corps Loan Repayment Program, except as inconsistent, apply to these programs. Provides for non-duplication and coordination between these programs and the programs of other Federal agencies, other developed countries, and nonprofit private entities. Directs the establishment of a committee to advise the Secretary on policies concerning the activities of the Health Corps. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 7 July 1988
Health Professions Reauthorization Act of 1988 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to set ceilings for FY 1989 through 1991 on the total principal amount of new loans made and installments paid to borrowers covered by Federal loan insurance. Extends from September 30, 1991, to September 30, 1994, the cutoff date for the making of new loans. Requires that the total principal amount of Federal loan insurance available be granted without regard to any apportionment or other similar limitation. Directs the Secretary of Health and Human Services, in providing loan insurance certificates, to give priority to lenders that agree to make loans at interest rates below the prevailing rates or otherwise under terms more favorable to the student than the terms generally available. Expands eligibility for the loans to include students in a postdoctoral program or residency of at least one year in certain fields. Places a limit on the total amount of the loans made to such a student in any academic year. Requires interest on federally insured student loans under title VII to be compounded not more frequently than semiannually. (Current law requires the interest to be compounded semiannually.) Prohibits provisions relating to the eligibility of student borrowers from being construed to limit the authority of any school to make allowances for students with special circumstances. Allows a lender to assign its insurance rights to a public entity in the business of purchasing student loans. Declares that lenders as well as holders are required to exercise reasonable care in the making of loans and substantial effort in collection. Requires a lender, subject to exception, to prosecute an action for default. Directs the Secretary to make or deny payment within 60 days of notification of entry of judgment. Declares that provisions dealing with standards regarding loan collection may not be construed to require schools to reimburse the student loan for loans that became uncollectable prior to 1983. Reduces the required interest rate on the loans from nine percent to five percent. Adds to the list of periods excluded from the ten-year repayment period any time during which the borrower is pursuing a full-time course of study at certain types of schools. Requires, if a school terminates a loan fund, a capital distribution. (Current law requires a capital distribution between September 30, 1991, and December 31, 1991.) Requires scholarships under provisions relating to first-year students in exceptional financial need to cover not less than 50 percent of tuition and educational expenses and 100 percent of the monthly stipend. Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for capitation grants for schools of public health for FY 1989 through 1991. Authorizes appropriations for project grants to establish, maintain, or improve departments of family medicine for FY 1989 through 1991. Reduces from six to four the number of individuals who must be enrolled in first-year positions in internship or medical residency training programs in area health education centers. Authorizes appropriations for FY 1989 through 1991 for area health education center programs. Directs the Secretary to enter into contracts for developing and operating health education and training centers to improve the supply, distribution, quality, and efficiency of personnel providing health services: (1) in the United States along the border with Mexico; and (2) to any population group having serious unmet health care needs. Directs the Secretary to designate the geographic area in which each health education and training center will operate. Mandates that each applicant agree to establish an advisory group, develop a plan for carrying out the center's purpose, and be responsible for the evaluation of the program. Directs the Secretary to make available 50 percent of the amounts appropriated for allocation to border centers. Authorizes appropriations for contracts for border and other health education and training centers for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for: (1) programs for physician assistants; (2) grants for training, traineeships, and fellowships in general internal medicine and general pediatrics; (3) residency programs in the general practice of dentistry; and (4) training and education relating to family medicine. Allows grants and contracts for health professions educational assistance to individuals from disadvantaged backgrounds to be used for stipends for education at any public or private nonprofit health or educational entity. (Current law limits stipends to use for health professions education at a school of medicine, osteopathy, or dentistry.) Authorizes appropriations for educational assistance to individuals from disadvantaged backgrounds for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for two-year schools of medicine, interdisciplinary training, and curriculum development. Requires that any grants approved, under provisions relating to the areas of family medicine, internal medicine, pediatrics, or dentistry, for a third or subsequent fiscal year be for at least 25 percent of the average grant to that grantee in the consecutively preceding fiscal years. Requires grant applications in such areas to be submitted to peer review groups. Directs the Secretary to establish peer review groups as necessary. Prohibits approval of an application unless a peer review group has recommended approval. Directs the Secretary to make available with respect to Hispanic individuals at least ten percent of amounts appropriated to carry out provisions relating to scholarships for first-year students of exceptional financial need, programs for physician assistants, educational assistance to individuals from disadvantaged backgrounds, and allied health personnel. Requires that studies mandated by current law of health professionals by specialty and geographic location include studies of the number, supply, and requirements for: (1) health professionals who are members of minority groups, including Hispanics; and (2) health professionals to serve minority groups, including Hispanics. Directs the Secretary to conduct a study and report to the Congress regarding Hispanics in medically underserved areas and: (1) health care provided by individuals unable to communicate in the most appropriate language and cultural context; and (2) reliance on allied health personnel as the primary source of health care. Reduces and makes equal for all programs, regardless of their level of minority enrollment, the number of students who must complete a graduate program in health administration during the year the grant is received in order for the program to be eligible for the grant. Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for: (1) traineeships for students in graduate programs in health administration, hospital administration, or health policy analysis and planning; (2) public health traineeships; and (3) training in preventive medicine. Replaces provisions relating to advanced financial distress assistance to health professions schools with provisions authorizing the Secretary to make grants to and enter into contracts with health professions schools with regard to health care needs, diagnosis, treatment, and prevention relating to acquired immune deficiency syndrome (AIDS). Authorizes appropriations for FY 1989 through 1991. Adds schools of podiatric medicine to the list of entities eligible for grants and contracts for geriatric medicine and geriatric dentistry projects. Directs the Secretary to identify and notify entities that would be appropriate applicants for grants under provisions relating to two-year schools of medicine. Prohibits any program of research under the Public Health Service Act which was carried out, or was appropriate to be carried out, by an agency other than the Health Resources and Services Administration in FY 1987 from being carried out by such Administration for each of the FY 1989 through 1991. Directs the Secretary to solicit applications for grants under provisions relating to family medicine, internal medicine, pediatrics, and dentistry at least twice a year, leaving time for applications not approved, or approved but not made because of lack of funds, to be resubmitted pursuant to the second solicitation. Requires a preliminary review of applications for technical sufficiency, with an opportunity to submit a timely second application. Directs the Secretary to establish and implement a program in which health professionals agree to conduct, at the National Institutes of Health, research with respect to acquired immune deficiency syndrome (AIDS) in return for payment by the Federal Government of at least 25 percent of their educational loans for each year of service. Makes provisions of the Public Health Service Act relating to the National Health Service Corps Loan Repayment Program, except as inconsistent, apply to the program. Authorizes appropriations for FY 1989 through 1991. Requires that certain funds appropriated for National Research Service Awards be made available to the Secretary, acting through the Administrator of the Health Resources and Services Administration. (Current law does not specify to whom the funds are to be made available.)
United States · United States Congress · 7 July 1988
Generic Animal Drug and Patent Term Restoration Act - Title I: New Animal Drug Applications - Amends the Federal Food, Drug, and Cosmetic Act to authorize abbreviated applications for the approval of a new animal drug. Requires such application to show that permitted uses, ingredients, dosages, labeling, and other factors are the same as or bioequivalent to a new animal drug already approved. Requires such application to contain a certification relating to patents covering the approved drug. Requires an applicant who makes such a certification to state in the application that a specified notice has been given to each owner of the patent (or owner-representative) and the holder (or holder-representative) of the approved application for the drug or drug use claimed by the patent. Requires the permission of the Secretary of Health and Human Services before an abbreviated application may be submitted for a new drug whose route of administration, dosage form, or strength differ from that of an approved new animal drug or whose use with other animal drugs in animal feed differs from that of an approved new animal drug. Requires the Secretary to publish and update a list of the official and proprietary name of each new animal drug which has been approved and continues to be approved for safety and effectiveness, including patent information as it comes in. Directs the Secretary to approve an application for a drug unless the Secretary makes specified findings, such as faulty manufacture or insufficient information. Sets forth a formula for determining when an approved application becomes effective, based upon the nature of the certification relating to patents. Prohibits an abbreviated application for a new animal drug based upon a nonabbreviated application approved after this Act's enactment until five years after the nonabbreviated application is approved, except as specified. Requires a three-year wait for abbreviated applications based upon nonabbreviated applications approved after this Act's enactment which contain essential new investigations of an ingredient already approved. Requires the applicant to file with the application (or amend it when the information becomes available) the patent number and the expiration date of any patent which claims the drug or a method of using it and with respect to which a claim of patent infringement could reasonably be asserted if a nonlicensee engaged in the drug's manufacture, use, or sale. Requires the Secretary to disapprove the application if it does not contain certain patent information, or to withdraw approval if the patent information was not filed within a specified time after notification. Requires that safety and effectiveness data be made available to the public, except as specified. Provides for the promulgation of regulations to administer the amendments made by this title. Prohibits the dispensing of certain drugs for animal use without a prescription. Deems the act of dispensing a drug in violation of this Act to be an act resulting in misbranding while the drug is held for sale. Specifies that such drugs are considered misbranded if their labels fail to bear the statement, "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian." Title II: Patent Terms - Amends the patent laws to include animal drugs under the patent extension provisions applicable to human drugs which compensate for regulatory delays.
United States · United States Congress · 30 June 1988
Amends the Federal judicial code to make funds from the Department of Justice Assets Forfeiture Fund available to assist the States in providing residential drug treatment programs. Requires the Secretary of Health and Human Services to prepare that portion of the Attorney General's report to the Congress relating to the expenditure of such funds. Amends the Tariff Act of 1930 to add parallel provisions with respect to the Customs Forfeiture Fund.
United States · United States Congress · 29 June 1988
Authorizes the Secretary of Health and Human Services to make grants to, or enter into contracts with, eligible applicants for interdisciplinary training projects relating to health care in rural areas. Declares that allowed uses for funds include stipends to students, post-doctoral fellowships, enhancement of faculty, or purchase or rental of transportation and telecommunication equipment. Requires applications to: (1) be jointly submitted by at least two eligible applicants with the purpose of assisting individuals in academic institutions in establishing long-term collaborative relationships with health care providers in rural areas; and (2) designate one or more rural health care agencies for clinical treatment or training. Directs the Secretary to contract for a study of manpower training needs in rural areas: (1) paying particular attention to the needs of the rural elderly and the rural population that is not eligible for Medicare; and (2) evaluating existing models for health care training and service delivery and proposing innovative alternative models. Sets forth reporting requirements. Authorizes appropriations to carry out the study and reporting for FY 1990. Authorizes appropriations to carry out this Act for FY 1988 through 1991.
United States · United States Congress · 29 June 1988
Disadvantaged Minority Health Improvement Act of 1988 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to require that, for schools in which not less than 25 percent of the students are minorities from disadvantaged backgrounds, the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to such students. Authorizes appropriations for Federal capital contributions to such schools for FY 1989 through 1991. Creates a new subpart relating to assistance for disadvantaged minority students. Authorizes the Secretary of Health and Human Services to make grants to certain schools of health, in which not less than 25 percent of the students are minorities from disadvantaged backgrounds, for scholarships covering tuition and fees. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to enter into agreements with such students in their final year of degree programs at such schools to assist in paying Government and commercial loans for educational and living expenses. Conditions the agreement on the student and school agreeing that the student will hold a full-time faculty appointment at the school for at least two years. Authorizes loan payments of $20,000 for each year of service, to a maximum of $80,000. Authorizes the Secretary to reimburse the individual for any increase in their Federal, State, or local income taxes which results from the loan payments. Authorizes appropriations for FY 1989 through 1991. Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to direct the Secretary to establish in the Office of the Assistant Secretary for Health an Office of Minority Health and to appoint a Deputy Assistant Secretary of Minority Health to serve as Director of the Office. Authorizes the Secretary, through the Director, to make grants and enter into contracts to conduct programs of research, training, education, epidemiological studies, and data collection with respect to the prevention and control of diseases prevalent among minority groups. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 28 June 1988
Clinical Laboratory Improvement Amendments of 1988 - Title I: Clinical Laboratories Under the Public Health Service Act - Amends the Public Health Service Act to prohibit soliciting or accepting specimens for laboratory procedures without a license or an accreditation. Requires certain criteria to be met for issuance or renewal of a license, including that the laboratory agrees: (1) not to provide services under referrals from physicians or any entity which has a financial interest in or receives compensation from the laboratory; and (2) to bill patients directly. Makes licenses valid for a maximum of two years. Directs the Secretary of Health and Human Services to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of certain personnel; and (4) participation in a proficiency testing program. Directs the Secretary to establish: (1) national standards for quality assurance in cytology services; and (2) an external proficiency evaluation system for cytological services. Amends provisions authorizing the Secretary to require payment of fees for the issuance and renewal of licenses to remove the limit on the amount of the fees. Directs the Secretary to annually compile information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) license revocations; (3) intermediate sanctions; (4) injunctions; (5) performance characteristics; (6) the results of the proficiency testing; (7) inspection deficiencies; and (8) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Declares that a laboratory which is accredited by an accreditation body approved by the Secretary is not required to be licensed. Allows the Secretary to approve an accreditation body if certain criteria are met, including that the body's standards must be at least as stringent as those for licensing. Sets forth procedures relating to: (1) withdrawal of an accreditation body's approval; and (2) accreditation of a laboratory. Authorizes the Secretary, on an announced or unannounced basis, to inspect a laboratory and all equipment, containers, records, and other materials. Allows the Secretary, after notice and opportunity for hearing, to revoke, suspend, or limit a license or accreditation for specified causes. Allows suspension before a hearing in certain circumstances. Requires a revocation to stay in effect for at least three years. Requires the suspension of the license of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for judicial review of license or accreditation revocation, suspension, or limitation. Provides for intermediate sanctions, including civil monetary penalties, and sanctions, including criminal fines and imprisonment. Permits the Secretary, by agreement, to use and pay for the services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance where State laws are at least as stringent. Repeals provisions exempting from licensing requirements laboratories operated: (1) by certain health professionals solely as an adjunct to the treatment of their own patients; and (2) for any person engaged in the business of insurance solely for the purpose of making insurance decisions. Title II: Studies - Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress.
United States · United States Congress · 23 June 1988
Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs. Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application. Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously-participating States. Specifies elements which must be included in an extension grant application. Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants. Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan. Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act; or (4) laws relating to veterans' benefits. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits. Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992. Authorizes the Secretary to work with the States to consider and develop a uniform information system designed to report and compile a qualitative and quantitive description of the impact of the grant program. Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements. Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted. Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study. Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities. Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds. Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register. Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds. Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.
United States · United States Congress · 23 June 1988
Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to revise and reorganize provisions relating to mental health and substance abuse programs, replacing the current part B (Alcohol and Drug Abuse and Mental Health Services Block Grant) and part C (Primary Care Block Grants) with a new part B (Community Mental Health Services), part C (Alcohol and Drug Abuse Prevention, Treatment, and Rehabilitation Services), part D (Acquired Immune Deficiency Syndrome and Intravenous Drug Abuse), and part E (General Provisions). Directs, in the new part B, the Secretary of Health and Human Services, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to make allotments and payments each fiscal year to each State for planning, developing, and providing community mental health services and related support services. Specifies application procedures and requirements, including a requirement that a State, in order to receive payments, agrees to establish and maintain a State mental health planning council with specified duties. Sets forth a formula for determining the amount of allotments, including special provisions for direct payment to an Indian tribe or tribal organization. Provides transition rules for States for FY 1989 and 1990. Directs the Secretary, acting through the Director of the National Institute of Mental Health, to develop and evaluate community mental health programs and services. Authorizes the use of grants, contracts, and cooperative agreements for such programs. Authorizes the Director of the National Institute of Mental Health to establish research centers to carry out the evaluations. Directs the Secretary, acting through the Director of the National Institute of Mental Health, to develop and make available a model plan for a community-based system for the care of chronically mentally ill individuals. Authorizes appropriations for FY 1989 through 1991 for: (1) mental health programs and services; (2) general provisions under part E; and (3) data collection, as provided in this Act, regarding mental health and substance abuse. Directs, in the new part C, the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to make allotments and payments each fiscal year to States for establishing and carrying out programs of prevention, treatment, and rehabilitation with respect to substance abuse and related activities. Specifies application procedures and requirements, including a requirement that a State must agree to use not less than specified portions of the payments for programs and activities related to: (1) alcoholism and alcohol abuse; (2) drug abuse; (3) prevention and early intervention regarding the abuse of alcohol and drugs; and (4) such programs and services designed for women. Sets forth a formula for determining the amount of allotments, including special provisions for direct payment to an Indian tribe or tribal organization. Provides transition rules for territories for FY 1989 and 1990. Directs the Secretary, acting through the Director of the National Institute on Alcohol Abuse and Alcoholism and the Director of the National Institute on Drug Abuse, to develop and evaluate alcohol and drug abuse treatment programs. Authorizes the use of grants, contracts, and cooperative agreements for such programs. Authorizes appropriations for FY 1989 through 1991 for: (1) alcohol and drug abuse programs; (2) general provisions under part E; and (3) data collection, as provided in this Act, regarding substance abuse. Directs the Secretary, in the new part D, for each of the FY 1989 through 1991, to make an allotment for each State for prevention of the transmission of the etiologic agent for acquired immune deficiency syndrome (AIDS) by eradicating intravenous drug abuse. Requires non-Federal matching funds in FY 1990 and subsequent years and prohibits the Secretary from requiring them in FY 1989. Allows funds to be used for drug abuse treatment, training counselors, outreach, testing for infection with the etiologic agent, and renovation or construction of drug abuse treatment facilities. Sets forth program requirements, application procedures and requirements, and a formula for determination of the amount of allotments. Directs the Secretary, directly or through contracts, to provide for evaluations of programs, collection of data regarding AIDS and intravenous drug abuse, and dissemination of information on the evaluations and data. Authorizes appropriations for FY 1989 through 1991. Sets forth, in the new part E, general provisions, including: (1) a requirement that, in order for the Secretary to make payments under specified provisions of this Act, a State must submit a description of the purposes for which the State intends to expend such payments; (2) the content such statement must have for specified provisions of this Act; (3) a requirement of public notice and opportunity for comment; (4) restrictions on the use of payments, including restrictions on the portion used for administrative expenses; (5) agreements a State must make in order for the Secretary to make payments; (6) annual reports a State is required, for payments under specified provisions, to prepare and submit to the Secretary; (7) availability of the reports to the public; (8) evaluations, by the Comptroller General of the United States, of expenditures by States under specified provisions; (9) repayment of payments for failure to comply with agreements; (10) a prohibition against certain false statements; and (11) a prohibition of discrimination. Directs the Secretary to provide technical assistance to a State receiving payments under specified provisions of this Act, or entities designated by the State, without charge. Authorizes the Secretary to provide supplies and services in lieu of grant funds. Requires the Secretary, no later than October 1, 1989, to report to the Congress on the activities of the States carried out under specified provisions of this Act. Amends the Public Health Service Act to create a new title on counseling and testing with respect to acquired immune deficiency syndrome (AIDS), starting with a part on grant procedures for counseling and testing. Prohibits the Secretary of Health and Human Services from providing financial assistance unless the applicant agrees to ensure, in accordance with Federal law and with State and local law not superseded by Federal law, the confidentiality of information and records with respect to individuals counseled or tested. Requires a written, signed statement of informed consent by the individual to be tested, with special provisions relating to testing through the use of a pseudonym and anonymous testing. Requires recipients of Federal financial assistance to provide counseling which includes coverage of specified points before testing, after a negative test result, and after a positive test result. Allows recipients to use the grant to provide counseling without testing. Prohibits the Secretary from providing Federal financial assistance to a State unless the State requires that: (1) any entity carrying out testing confidentially report to the State public health officer information sufficient to perform statistical and epidemiological analyses of the incidence and demographic characteristics of cases of infection; and (2) the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of contact tracing. Requires States, to the extent permitted under State law, to offer substantial opportunities for an individual to undergo counseling and testing anonymously and through the use of a pseudonym. Prohibits requiring testing as a condition of receiving other health services, unless the testing is medically indicated in the health services being sought. Creates another new part in the new subtitle established by this Act concerning confidentiality with respect to counseling and testing. Prohibits a described person, without regard to whether the described person receives Federal financial assistance, from disclosing identifying information with respect to a protected individual or a contact of such individual. Includes among the described persons anyone who obtains identifying information: (1) directly or indirectly in connection with counseling or testing with regard to AIDS, providing health care to the protected individual, or carrying out a disclosure authorized by this Act or ordered by a court under this Act; or (2) by directly perceiving any record developed in such counseling, testing, health care, or disclosure. Authorizes consensual disclosure of identifying information through a specified procedure, including consent by a guardian of a legally incompetent person and consent, after the death of the protected individual, by the claimant of life insurance proceeds, for disclosure to the insurance company. Provides for nonconsensual disclosure: (1) to a health care provider in connection with counseling or testing, to the protected individual, or to the guardian an incompetent individual; (2) to a health care provider who is likely to be occupationally exposed to the etiologic agent; (3) to a State public health officer if required by State law; (4) in connection with donation of blood, semen, breast milk, or an organ; (5) to a person preparing the body of a protected individual for burial; (6) intraorganizationally as necessary; (7) from a person receiving disclosure to any person authorized in these provisions for authorized purposes; and (8) in connection with certain sales, transfers, mergers, or consolidations of organizations. Authorizes a court of competent jurisdiction, with respect to the protected individual or contact involved, to: (1) order disclosure of identifying information to a State health officer in order to prevent a clear and imminent danger of transmission, by the individual or contact, of the etiologic agent; and (2) authorize the officer to disclose identifying information to the extent reasonably necessary to prevent such danger. Sets forth procedures, including in camera hearings, use of pseudonyms, and sealing of records. Authorizes physicians and counselors to make nonconsensual disclosures to spouses, sexual contacts, and people with whom the protected individual has shared a hypodermic needle, in certain circumstances. Requires, subject to exception, that: (1) disclosures be accompanied by a written declaration that redisclosure may be prohibited by law; and (2) in certain circumstances, the protected individual be notified in writing of the disclosure. Provides for civil money penalties and civil causes of action for intentional or negligent violation of disclosure provisions of this part. Authorizes injunctive relief initiated by the Secretary and a civil cause of action by any aggrieved individual. Provides for in camera proceedings, use of pseudonyms, and sealing of records. Provides for criminal penalties for intentional violation of disclosure provisions. Provides for termination of grants from and contracts with any Federal agency and suspension or debarment of any Federal grantee or contractor for violation of certain disclosure provisions of this part. Declares that the imposition of a penalty or the receipt of relief under specified provisions of this part does not preclude other penalties or relief under Federal law. Declares that this part supersedes any State law that provides penalties or causes of action for failure to make disclosures not authorized by this part or for making disclosures authorized by this part. Creates an additional new part containing general provisions setting forth definitions applicable to the new title created by this Act. Amends the Public Health Service Act to direct the Secretary, acting through the Director of the National Institute of Mental Health (Director), to develop and publish information regarding the causes of suicide and the means of preventing suicide, especially among individuals under 24 years of age. Directs the Secretary, acting through the Director, to make grants and enter into cooperative agreements for research on mental illness. Directs the Secretary, through the Director, to establish a National Mental Health Education Program to: (1) develop treatment and family assistance methods; (2) support research, training, and education; (3) collect and disseminate information; (4) provide technical assistance; and (5) establish a clearinghouse to collect and disseminate information. Authorizes the Secretary, acting through the Director, to make grants for mental health services demonstration projects for the planning, coordination, and improvement of community services, including outreach and self-help services, for chronically mentally ill individuals, seriously emotionally disturbed children and youth, elderly individuals, and homeless chronically mentally ill individuals, and for the conduct of research concerning such services. Authorizes the Secretary, acting through the Director, to make grants for prevention services demonstration projects for the provision of prevention services for individuals who are at risk of developing mental illness. Limits the duration of such a grant and the portion of the grant which may be used for administrative expenses. Authorizes appropriations for FY 1989 and 1990. Amends the Public Health Service Act to direct the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to collect data on the incidence, nationally and in selected major metropolitan areas, of the various forms of mental illness and substance abuse. Specifies the types of data to be included. Authorizes appropriations for FY 1989 through 1991 to carry out specified provisions of the Public Health Service Act relating to: (1) alcohol abuse and alcoholism; and (2) research with respect to drug abuse. Authorizes the Secretary, acting through the Director of the National Institute on Drug Abuse, to make grants for demonstration projects: (1) to determine the feasibility and efficacy of providing drug abuse treatment and vocational training in exchange for public service; (2) to conduct outreach to intravenous drug abusers with respect to AIDS; and (3) to provide drug abuse treatment services to pregnant and postpartum women and their infants. Directs the Secretary, directly or through contracts, to provide for evaluations of the projects and for dissemination of information developed. Authorizes appropriations for FY 1989 through 1991 for the Office of Substance Abuse Prevention. Directs the Secretary, acting through the Director of the Office of Substance Abuse Prevention, to make grants for prevention, education, and treatment regarding drug and alcohol abuse relating to pregnant and postpartum women and their infants, giving priority to projects: (1) for low-income women; and (2) to develop innovative approaches regarding the use of the drugs about which there exists insufficient information, including cocaine and crack. Requires that grants be distributed among projects that provide inpatient, outpatient, and residential treatment. Requires the Director to evaluate the projects. Amends the Public Health Service Act to state that the Office of Substance Abuse Prevention is an entity of the Alcohol, Drug Abuse, and Mental Health Administration (Administration). Changes from annual to not less than once each three years the requirement that the Administrator, acting through the Associate Administrator for Prevention, report to the Congress regarding prevention activities undertaken by the Administration. Directs the Administrator to establish a process for responding to reports of scientific misconduct in connection with projects using funds under title V of the Public Health Service Act. (Current law requires such a process for scientific fraud.) Repeals provisions dealing with the duties, composition, and operation of the Alcohol, Drug Abuse, and Mental Health Advisory Board. Authorizes the Administrator to: (1) accept voluntary and uncompensated services; and (2) conduct and support certain research training. Amends provisions relating to drug abuse research and to drug abuse demonstration projects to require special consideration regarding pregnant women and their children. Amends provisions relating to mental health clinical traineeships to impose a service obligation on individuals receiving such a traineeship in marital and family therapy. Amends the Anti-Drug Abuse Act of 1986 to require the Secretary to report to the Congress with respect to the results of a study regarding insurance coverage of drug abuse treatment, within 18 months after the execution of the contract for the study. (Current law requires such a report within one year of the enactment of that Act.) Authorizes the Secretary to make grants to expand programs of treatment for drug abuse, limiting eligibility to applicants whose treatment programs have a waiting period of one month or more. Authorizes appropriations. Directs the Secretary, directly or by contract, to provide for an independent evaluation of federally funded programs of: (1) treatment for drug abuse; and (2) research into methods of such treatment. Sets forth reporting requirements. Mandates that butyl nitrite be considered a banned hazardous product under provisions of the Consumer Product Safety Act, subject to exception. Declares that any conviction of a person for certain violations of the Federal Food, Drug, and Cosmetic Act involving anabolic steriods or human growth hormone shall be considered a conviction for purposes of specified provisions of the Controlled Substances Act. Directs the Administrator of the Environmental Protection Agency to: (1) develop guidelines and provide counseling for law enforcement agencies for dealing with illegal drug laboratories to protect the public health and environment; and (2) carry out demonstration projects to clean up substances associated with illegal drug laboratories. Amends the Controlled Substances Act to allow proceeds from the sale of forfeited property to be used to pay for demonstration projects for and expenses of cleanup of substances associated with illegal drug laboratories.