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Bill· SS. 3384 (102nd)referred
United States · United States Congress · 8 October 1992
International Population Stabilization and Reproductive Choice Act of 1992 - Title I: United States Population Assistance - Sets forth congressional findings with respect to population assistance. Declares that it shall be a principal objective of U.S. foreign policy to achieve universal availability of high quality fertility control services. Requires all family planning activities receiving support under the Foreign Assistance Act of 1961 to provide a broad range of fertility control methods permitted by individual country policy. Prohibits funds from being used to coerce any person to undergo sterilization or involuntary abortion or to accept any method of fertility control. Requires the U.S. Government to support the expansion of reproductive rights in countries receiving foreign assistance. Prohibits subjecting nongovernmental and multilateral organizations to requirements which are more restrictive than requirements applicable to foreign governments for such assistance. Requires population assistance to provide increased support for special programs to reach young adults before they begin childbearing. Provides that funds shall be allocated to countries meeting at least one of the following criteria: (1) countries accounting for a substantial proportion of the world's annual population increment; (2) countries having significant unmet needs for fertility control and that require foreign assistance to implement, expand, or sustain family planning services; and (3) countries which demonstrate a strong policy commitment to population stabilization through the expansion of reproductive choice. Makes funds available for: (1) the United Nations Population Fund; and (2) the Special Programme of Research, Development and Research Training in Human Reproduction. Prohibits assistance for the United Nations Population Fund from being obligated if China is denied most-favored-nation trading status. Prohibits U.S. population assistance for programs in China. Applies prohibitions on funding for abortions or involuntary sterilization to assistance to assistance for the Fund. Requires the Fund to maintain such assistance in a separate account, without commingling with other funds. Requires agreements between the United States and the Fund to obligate such assistance to provide for a full refund to the United States if the Fund provides more than a specified amount for family planning programs in China. Prohibits the use of such funds to carry out any program that is disapproved by the U.S. representative to the United Nations. Requires the Administrator of the Agency for International Development (AID) to establish simplified procedures for the development and approval of programs to be carried out by nongovernmental organizations that have demonstrated a capacity to undertake effective population and family planning activities and a commitment to quality reproductive health care for women. Makes 50 percent of all U.S. population assistance available for nongovernmental organizations. Requires AID to encourage greater involvement in the delivery of family planning services by private health practitioners, employer-based health services, unions, and cooperative health organizations. Sets forth targets for global expenditures in developing countries for core population programs and for U.S. population assistance. Authorizes appropriations for U.S. population assistance. Prohibits individuals in programs assisted by the United States from being denied family planning services because of an inability to pay the cost of such services. Lists research programs to be supported by U.S. assistance. Requires the U.S. Government to support communications strategies to create public awareness about reproductive health needs and the problems associated with world population growth. Directs the AID Administrator to report annually to the Congress on world progress toward population stabilization and universal reproductive choice. Title II: Population Assistance Policy and Development - Declares that it is U.S. policy to promote universal access to basic education. Declares that it is U.S. foreign policy to assist efforts to: (1) reduce the infant mortality rate in all countries by the lower of one-third of the 1990 level or to 50 deaths per 1,000 live births; and (2) reduce the mortality rate of children under five years of age by the lower of 30 percent or 70 deaths per 1,000 live births. Title III: Organizational Provisions - Establishes within the Department of State an Under Secretary of State for Global Population, Environment, and Natural Resources to provide a focus for dialogue on global population growth, environmental degradation, and natural resources management. Declares that the multilateral development banks should increase their support for core population activities. Requires the U.S. executive directors of the International Bank for Reconstruction and Development, the Asian Development Bank, the Inter-American Development Bank, and the African Development Bank to submit annual reports to the Congress on allocations to core population activities and, if such allocations total less than $1,000,000, to report on actions taken to encourage increases in such allocations. Requires the President to establish a National Bipartisan Commission on World Population Stabilization and Reproductive Health to oversee U.S. preparations for, and participation in, the 1994 International Population Meeting. Directs the Commission to report on population trends and their impact on efforts to alleviate poverty and protect the environment. Authorizes appropriations.
Bill· SS. 3387 (102nd)referred
United States · United States Congress · 8 October 1992
Health Care Liability Reform and Quality of Care Improvement Act of 1992 - Title I: Findings and Purpose - Sets forth: (1) findings regarding this Act; and (2) the purpose of this Act. Title II: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this title, that States have in effect the health care liability reforms set forth in this title. Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount. Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver. Reduces the total damages received by a plaintiff by the amount of any collateral source benefits. Allows: (1) future economic damage awards to be paid periodically, based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires a State to establish at least one ADR mechanism. Requires a State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on a disciplined physician. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements. Allows States three years from the adoption of this Act to enact, adopt, or otherwise comply with the requirements of this title. Deems a State to be in compliance if it has in effect a system for prompt payment of economic damages not payable by State, Federal, or private health or disability insurance, wage continuation, or any other source or payment intended to compensate an injured person. Requires the withholding of certain funds for noncompliance. Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this Act. Title III: Mandatory Non-Binding Arbitration - Establishes a system for nonbinding arbitration of health care liability claims and a mechanism for resolution through arbitration of health care liability claims. Title IV: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount. Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically, purchase an annuity, or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Title V: Construction of Provisions - Provides for construction, severability, and the effective date of this Act.
Bill· SS. 3371 (102nd)referred
United States · United States Congress · 7 October 1992
Juvenile Arthritis Research Excellence Act - Amends provisions of the Public Health Service Act relating to the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) to provide for planning, research, and other matters focusing on such diseases (especially arthritis) in children, including providing for the establishment of a multipurpose arthritis and musculoskeletal disease center for children. Makes related changes in the National Arthritis Advisory Board.
Bill· SS. 3366 (102nd)referred
United States · United States Congress · 7 October 1992
ADAMHA Reorganization Technical Amendments Act of 1992 - Makes technical amendments to the Public Health Service Act (PHSA), as amended by P.L. 102-321 (ADAMHA Reorganization Act). Amends the PHSA to exclude grants under the Protection and Advocacy for Mentally Ill Individuals Act from certain grant requirements under PHSA provisions relating to the Substance Abuse and Mental Health Services Administration (SAMHSA). Requires maintenance of a clearinghouse for substance abuse information and a clearinghouse for mental health information (currently, requires a clearinghouse for substance abuse and mental health information). Mandates appointment of an Associate Administrator for AIDS Policy and Programs to promote, monitor, and evaluate SAMHSA activities relating to transmission of the human immunodeficiency virus (HIV). Excludes contracts for program resources from a requirement of peer review for grants through the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. Modifies peer review requirements for the Centers. Allows grants for mental health and substance abuse treatment services for homeless individuals to be made to States as well as to community-based entities. Requires any such grants to States to be expended solely to make grants to political subdivisions and to private nonprofit entities. Allows funds from grants, cooperative agreements, or contracts for substance abuse treatment for pregnant and postpartum women to be used for services to women with dependent children who are neither pregnant nor postpartum. Makes violation of confidentiality of records provisions a class A misdemeanor and require a fine in accordance with the Federal criminal code. (Current law requires a fine in accordance with that code, but makes no classification of the offense.) Authorizes the Director of the National Institute on Alcohol Abuse and Alcoholism (currently, authorizes the Secretary of Health and Human Services, through such Institute) to designate National Alcohol Research Centers. Allows States receiving grants for programs on breast and cervical cancers to expend the grants through grants and contracts with public or private (currently, public or nonprofit private) entities. Requires that substance abuse treatment programs under block grants to States make early intervention services for HIV available to individuals at the program site or in coordination with the program in which the individuals are undergoing the treatment (currently, at the program site). Allows categorical grants to States for expansion of the capacity for substance abuse treatment to be used for inpatient hospital services when medically necessary for an individual. Amends ADAMHA Reorganization Act temporary provisions regarding funding to provide that amounts appropriated for fiscal year 1992 shall be available for obligation until December 31, 1992. Amends the Stewart B. McKinney Homeless Assistance Act to repeal provisions authorizing appropriations for community-based mental health services to homeless individuals who are chronically mentally ill.
Bill· SS. 3361 (102nd)referred
United States · United States Congress · 6 October 1992
Child Support Enforcement Amendments of 1992 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to treat the Federal Government and the government of the District of Columbia (D.C.) as private employers for purposes of child support orders requiring enrollment for health insurance coverage of the dependent children of the employees of such governments or the custodial parents of such dependent children. Provides that if an absent parent fails to obtain health insurance coverage for a dependent child or a custodial parent, the absent parent's employer (whether Federal, D.C., or private) will be required to enroll the dependent child or custodial parent in a health insurance plan pursuant to a State child support order. Makes any such employer who fails to obtain or maintain such health insurance liable for any expenses incurred for health care provided to a dependent child or custodial parent after the employer has been served notice of a child support order. Authorizes sanctions against any employer who retaliates against any absent parent subject to a child support order providing for health insurance coverage of a dependent child or custodial parent. Prohibits certain restrictions in health insurance policies limiting coverage to: (1) children living with a parent insured under the policy; or (2) legitimate children. Delays child support order review and modification requirements until such time as the State has established an automated child support tracking system, but not later than October 1, 1995. Gives States more time to achieve substantial compliance with child support enforcement program requirements. Amends the Family Support Act of 1988 to provide that the level of Federal funding for automated child support tracking systems is available until FY 2001 for systems in place by 1995. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that State child support enforcement laws which require an employer to enroll an employee's child or the custodial parent of such child in any health insurance plan provided by such employer are not subject to ERISA preemption. Directs the Secretary of Health and Human Services to establish a Child Support Advisory Committee to assist the Secretary in preparing and submitting to the Congress recommendations for a revised Federal child support audit process.
Bill· HRH.R. 6201 (102nd)referred
United States · United States Congress · 6 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of the sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; and (2) limit the designation of a drug removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; and (2) persons required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Specifies that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person, with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to a specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court, when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· HRH.R. 6210 (102nd)referred
United States · United States Congress · 6 October 1992
Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public school and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administration, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or consortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application and plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies forumulae for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to report to the Congress: (1) biannual summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation. Title V: Grants to Cities to Provide Education, Employment, Recreation, Social, and Cultural Awareness Assistance to At-Risk Youth - Directs the Secretary, to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection and allocation requirements. Requires city reports to the Secretary on their use of the grant, and interim and final reports by the Secretary to the Congress. Authorizes appropriations.
Bill· HRH.R. 6202 (102nd)referred
United States · United States Congress · 6 October 1992
Medicaid and Department of Veterans Affairs Drug Rebate Amendments of 1992 - Amends title XIX (Medicaid) of the Social Security Act to exclude the prices charged for prescription drugs purchased by the Departments of Defense and Veterans Affairs, the Indian and Public Health Services, or certain federally-funded clinics and public or private nonprofit hospitals from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Requires an agreement between the Secretary of Health and Human Services and a covered drug manufacturer limiting the purchase price of drugs procured by covered entities (the federally-funded clinics and public or private nonprofit hospitals referred to above). Provides that if the Secretary does not establish a certain mechanism under the Public Health Service Act below: (1) each covered entity must inform the applicable State agency when it seeks reimbursement under Medicaid for covered drugs subject to an agreement (described below); and (2) such State agency must provide a means by which the entity must indicate on any claims form that the drug is subject to such agreement, and not submit to any manufacturer a claim for a rebate payment under Medicaid. Outlines requirements relating to master agreements for drugs procured by the Department of Veterans Affairs and certain other Federal agencies. Revises provisions respecting rebate agreement termination. Provides a new determination of the basic Medicaid rebate for single source and innovator multiple source drugs for specified calendar quarters beginning after September 30, 1992. Directs the Secretary to report to the Congress specified information relating to Medicaid best price changes and rebate payments. Prohibits such reports from containing information or any prescription drug unless the Secretary finds that expenditures for the drug are significant expenditures under the Medicaid drug purchase and rebate program. Amends the Public Health Service Act to require an agreement between the Secretary and a covered drug manufacturer limiting the purchase price of drugs procured by covered entities (the federally-funded clinics and public and private nonprofit hospitals referred to above). Requires covered entities, in order to receive reduced prices, to: (1) take certain steps to avoid duplicative discounts or rebates; (2) refrain from reselling such purchased drug to a person who is not a patient of such entity; and (3) permit audits of records in order to determine agreement compliance. Makes covered entities liable to the manufacturer for the full amount of any reduced price if the Secretary determines agreement noncompliance on the entity's part. Requires the Secretary to: (1) establish a mechanism to ensure that covered entities comply with item (1) in the list above; (2) develop a process for the certification of certain covered entities; (3) establish a prime vendor program under which covered entities may enter into contracts with prime vendors for the distribution of covered outpatient drugs; and (4) notify covered drug manufacturers and single State agencies of the identities of covered entities. Requires the Secretary to study and report to the Congress on whether to include certain clinics as covered entities eligible for prescription drug discounts. Amends Federal veterans' benefit law to require agreements between the Secretary of Veterans Affairs and covered drug manufacturers limiting the purchase price of drugs procured by the Department of Veterans Affairs and certain other Federal agencies. Provides for additional discounts for covered drugs purchased under the depot contracting system or listed on the Federal Supply Schedule. Requires certain manufacturer reports to the Secretary on drug prices. Authorizes the Secretary to audit relevant manufacturer or wholesaler records. Requires the Secretary to supply to the HHS Secretary the name of the manufacturer upon the execution or termination of any master agreement and, on a quarterly basis, a list of manufacturers who have entered into such agreements.
Law· HRH.R. 6181 (102nd)enacted
United States · United States Congress · 6 October 1992
Title I: User Fees - Prescription Drug User Fee Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to provide authority for the Secretary of Health and Human Services to assess and collect fees from manufacturers of prescription drugs beginning in FY 1993. Establishes a schedule for prescription drug application and supplement fees, prescription drug establishment fees, and prescription drug product fees. Provides for the annual adjustment of such fees to reflect increases in the Consumer Price Index for urban consumers or increases in Federal pay. Authorizes the Secretary to waive or reduce fees. Prohibits the assessment of fees for a fiscal year after FY 1993 unless appropriations for salaries and expenses of the Food and Drug Administration (FDA) are equal or greater than such appropriations for FY 1992. Credits such fees to the appropriation account for salaries and expenses of the FDA. Authorizes appropriations for FY 1993 through 1997. Provides a mechanism for collecting unpaid fees. Requires the FDA to make annual reports to the Congress on this Act. Requires the Secretary to conduct a study to evaluate whether to impose user fees to supplement appropriated funds to improve the process of reviewing applications for new animal drugs. Requires a report to specified congressional committees on the results of such study. Title II: Dietary Supplements - Dietary Supplement Act of 1992 - Requires the Secretary of Health and Human Services to issue final regulations with respect to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances under the Nutrition Labeling and Education Act of 1990 by December 15, 1993. Prohibits the implementation of such Act prior to the issuance of such regulations. Prohibits the promulgation of regulations that require the use of, or are based upon, recommended daily allowances of vitamins or minerals before November 8, 1993. Requires the Secretary to report to specified congressional committees on enforcement practices of the FDA with respect to such dietary supplements. Requires the Comptroller General to report to such committees on a study of the management activities of the FDA related to such dietary supplements. Requires the Director of the Office of Technology Assessment, in cooperation with the Congressional Research Service and subject to the approval of the Technology Assessment Board to report to such committees on a study of the health outcomes and regulatory systems affecting the development and sale of such dietary supplements.
Law· HRH.R. 6182 (102nd)enacted
United States · United States Congress · 6 October 1992
Mammography Quality Standards Act of 1992 - Amends the Public Health Service Act to require certification (or provisional certification) in order for a facility to perform or interpret mammograms, inspect equipment, or provide for the processing of mammography film. Authorizes the Secretary of Health and Human Services to issue and renew certificates for a specified period of time. Provides for administrative appeals of certification denials. Allows the Secretary to approve a private nonprofit organization or State agency to be an accreditation body if it meets certain standards and provides certain assurances. Mandates standards to assure the safety and accuracy of mammograms, including regarding: (1) quality assurance and control programs; (2)radiation dose; (3) equipment used; (4) licensing, certification, and training of personnel; and (5) recordkeeping and retention. Directs the Secretary to conduct annual inspections of certified facilities during regular hours of operation. Requires notice of certain inspections. Provides for waiver of certain inspection requirements. Provides for: (1) directed plans of correction, on site monitoring costs payment, and civil money penalties; (2) suspension and revocation certificates; and (3) injunctions. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked or suspended, and facilities that have been the subject of a sanction or other similar matters. Establishes the National Mammography Quality Assurance Advisory Committee. Mandates grants to establish surveillance systems to evaluate breast cancer screening programs. Authorizes grants for research on such systems. Empowers the Secretary to authorize a State to carry out certain certification program requirements and standards. Mandates fees to cover the costs of inspections. Authorizes appropriations to carry out this Act. Mandates a study of the certification program.
Law· HRH.R. 6180 (102nd)enacted
United States · United States Congress · 6 October 1992
Telecommunications Authorization Act of 1992 - Title I: National Telecommunications and Information Administration - Part A: Organization and Functions - National Telecommunications and Information Administration Organization Act - Provides statutory authorization for the establishment within the Department of Commerce (DOC) of the National Telecommunications and Information Administration (NTIA). Directs the Secretary of Commerce to: (1) assign to the Assistant Secretary for Communications and Information (of DOC) and NTIA responsibility for the performance of the Secretary's communications and information functions; and (2) submit annual reports to the President pursuant to the Communications Satellite Act of 1962. Requires the Secretary and the NTIA to amend the Department of Commerce spectrum management document entitled "Manual of Regulations and Procedures for Federal Radio Frequency Management" to improve Federal spectrum management activities and publish any changes in regulations in the Federal Register. Sets forth requirements for such amendments, including requirements that provide for availability of information to the public. Requires the Secretary to certify compliance with such requirement to the Congress. Directs the Secretary, in assigning frequencies for mobile and other radio services, to promote efficient and cost-effective use of the spectrum. Authorizes the Secretary to withhold or refuse to assign frequencies for such services to further the goals of efficiency and cost-effectiveness. Requires the Secretary to implement and report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce on a plan requiring Federal agencies with mobile radio systems to use more spectrum-efficient technologies. Authorizes the Secretary to reassign to another DOC unit a function required to be assigned to NTIA by this Act, subject to specified limitations. Part B: Special and Temporary Provisions - Authorizes appropriations for NTIA administration for FY 1992 and 1993. Amends the Communications Act of 1934 to extend the authorization of appropriations for the National Endowment for Children's Educational Television through FY 1994. Extends the authorization of appropriations for acquisition of satellite space segment capacity and equipment to provide communications services for the Pan-Pacific Educational and Cultural Experiments by Satellite Program (PEACESAT) program. Directs the Secretary to establish an advisory panel to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information. Authorizes appropriations. Requires the NTIA to report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation on the role of telecommunications in hate crimes and violent acts against ethnic, religious, and racial minorities. Title II: Federal Communications Commission - Amends the Communications Act of 1934 to extend the authorization of appropriations for travel reimbursements by the Federal Communications Commission (FCC) through FY 1994. Amends the Federal Communications Commission Authorization Act of 1988 to extend an authorization to expend funds for a monitoring station in Hawaii through FY 1994. Amends the Communications Act of 1934 to repeal provisions that require the operation of all broadcasting station transmitting apparatus by a person holding an operator's license (thus allowing the FCC to permit broadcasters to substitute automated technology for human operators). Extends the time period for permitting licensee forfeitures in certain situations. Authorizes the FCC, for purposes of providing radio club and military-recreational call signs, to utilize the voluntary and uncompensated services of tax-exempt amateur radio organizations. Adds charges for low-earth orbit satellite systems to the Schedule of Charges. Reduces Schedule fees for inspection of vessels under the Great Lakes Agreement. Makes nonlicensee radio tower owners who have violated tower maintenance requirements subject to forfeiture liability if they have received previous notice of such obligations. Bars FCC approval of the assignment or transfer of control of a television broadcast license without a prior hearing if the license holder is a corporation owned or organized pursuant to the Alaska Native Claims Settlement Act and the transfer was approved on November 14, 1985. Provides for waivers of such requirement at the request of a corporation. Amends the Federal Communications Commission Authorization Act of 1988 to extend through FY 1993 the FCC's authorization to make grants to and agreements with nonprofit organizations to utilize older Americans in FCC programs. Removes a condition on the Older Americans Program that requires a certification that a grant or agreement will not result in filling a position without public announcement of availability and in accordance with regular employment procedures. Directs the FCC to make efforts to reduce telephone rates for armed forces personnel in specified foreign countries. Requires the FCC to initiate a rulemaking and adopt a standard for AM radio stereophonic transmitting equipment that specifies the composition of the transmitted signal.
Law· HRH.R. 6183 (102nd)enacted
United States · United States Congress · 6 October 1992
Federally Supported Health Centers Assistance Act of 1992 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, or health services for residents of public housing, and officers, employees, or certain contractors of such entities who are licensed or certified health practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Makes such actions the exclusive remedy against such entities and individuals. Subrogates to the United States any insurance claim such an entity or person has. Terminates such inclusion after a specified date. Prohibits deeming such an entity to be an employee of the Public Health Service unless the entity has: (1) implemented policies and procedures to assure against malpractice and the risk of lawsuits; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; (3) no history of claims against the United States under these provisions, or has cooperated with the Attorney General in defending against such claims and has taken corrective action; and (4) has cooperated with the Attorney General in providing information relating to an estimate of expected claims. Empowers the Attorney General, if certain conditions are met, to determine that an individual physician or other practitioner not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Mandates an annual estimate of the amount of claims expected to be paid and, subject to appropriations and a dollar maximum, establishment of a fund of that amount.
Bill· SS. 3349 (102nd)open
United States · United States Congress · 5 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tabulating machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; (2) person required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest specifies that that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· SS. 3350 (102nd)referred
United States · United States Congress · 5 October 1992
National Organ Donor and Awareness Campaign Act of 1992 - Mandates a national campaign to increase public awareness of organ transplantation, including development of a national clearinghouse. Requires research on the process by which individuals listed in the Organ Procurement and Transplantation Network are selected and other matters relating to public education and promotion regarding organ donation. Amends the Public Health Service Act (PHSA) to establish a Network advisory committee. Increases the Network's annual funding cap. Modifies Network functions and its board of director's composition. Amends block grant provisions of the PHSA to mandate payments to health care facilities for the dispensing of immunosuppressive drugs to eligible transplant recipients. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to remove the one-year limitation on coverage of immunosuppressive drugs. Amends the PHSA to require, in making grants and contracts to increase the number of organ donors, inclusion of projects encouraging procurement from minority communities (including cultural, racial, and language minorities) and from other communities with below average donation rates. Authorizes appropriations.
Bill· SS. 3337 (102nd)referred
United States · United States Congress · 5 October 1992
Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to regulate the effective date of the approval of certain new drug applications (including abbreviated new drug applications) when pediatric studies of the drug are involved.
Bill· SS. 3348 (102nd)referred
United States · United States Congress · 5 October 1992
Health Care Access and Affordability Act of 1992 - Title I: Social Security Act Provisions - Subtitle A: Small Employer Insurance Reform - Part I: Tax Deductible Health Insurance Costs - Amends the Internal Revenue Code to increase the deductible for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent. Part II: Standards and Requirements of Small Employer Health Insurance Reform - Amends the Social Security Act to add a new title XXI, Standards For Small Employer Health Insurance and Certification Of Managed Care Plans. Directs the Secretary of Health and Human Services (HHS) to request that the National Association of Insurance Commissioners (NAIC) develop specific standards to implement specified requirements for health insurance plans issued to small employers that relate to: (1) insurer registration; (2) guaranteed eligibility, availability, and renewability; (3) preexisting conditions; (4) restrictions on rating practices; and (5) benefit package offerings. Provides that if NAIC fails to develop such standards or the Secretary finds that they do not implement such requirements, the Secretary must develop such standards. Provides that if a State has not established a regulatory program that provides for the application and enforcement of such standards, the Secretary must certify the compliance of small employer plans with them. Part III: Tax Penalty on Noncomplying Insurers - Amends the Internal Revenue Code to impose an excise tax on the issuer of a health insurance plan to a small employer if the issuer fails to meet the requirements of title XXI of the Social Security Act (as added by this Act). Establishes such tax as 25 percent of the gross premiums received by the issuer. Makes such tax nondeductible. Subtitle B: Medicare and Medicaid Provisions - Part I: Medicare - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish an experimental program offering certain Medicare beneficiaries a choice among specified types of benefit options. Directs the Secretary to evaluate the experimental program and report to the Congress annually on the program's effectiveness. Provides for combined annual accounting of Medicare part A and B trust funds. Directs the Secretary to provide for the establishment of an Advisory Council on Hospital Reimbursement Procedures to recommend to the Secretary a uniform hospital reimbursement form as the sole form for the Health Care Financing Administration to use in processing claims submitted under Medicare. Specifies form contents. Requires a Council report on electronic billing. Requires the Secretary to develop such a form if the Council fails to make such a recommendation. Directs the Secretary to: (1) provide for demonstration projects to provide for the designation of certain medical procedures which will only be reimbursed if performed at a Medicare center of excellence; (2) develop a Medical Directive and Proxy Designation form and provide for a registry within HHS for such forms; and (3) notify providers and Medicare-eligible individuals of the availability of such form. Part II: Medicaid - Directs the Secretary to: (1) make grants to States for demonstration projects for improving access to Medicaid (SSA title XIX) services in medically underserved areas, providing medical assistance under Medicaid to certain uninsured individuals, providing outreach activites to individuals who may be eligible for certain medical assistance, and reducing infant mortality; and (2) report to the Congress on such projects. Authorizes appropriations. Title II: Public Health Service Act Provisions - Amends the Public Health Service Act to mandate a public education program on disease prevention through behavior change, preventive care, and screening. Authorizes appropriations. Modifies the authorization of appropriations for community health centers, earmarking certain funds for the establishment of new centers. Requires the National Health Service Corps to revise its priorities in assigning members. Specifies new criteria. Authorizes appropriations. Establishes in the National Institute on Aging the Center for the Fostering of Independent Living to conduct and support applied research, both social and scientific. Requires the Center to publish a Guide to Independent Living. Authorizes appropriations. Mandates development of a system to produce comprehensive reports under title IX (Agency for Health Care Policy and Research) of the Public Health Service Act concerning the performance of local and regional health care markets. Title III: Permanent Health Care Reform - Consumer Choice Health Care Reform Act of 1992 - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a credit for premiums paid by a qualified individual (excludes a federally covered individual) on an employer-sponsored health insurance plan. Specifies the limitations on such health expenses credit. Allows employers to make advance payments of such credit to employees with a health care expenses eligibility certificate. Terminates the medical expense deduction and the health insurance credit after December 31, 1994. Allows an individual a deduction for a percentage of employer-provided health insurance premiums and allows such deduction in computing adjusted gross income. Repeals the current income exclusion for employer contributions to accident and health plans. Limits the business deduction for employer-provided health insurance premiums to computations based upon the number of employees and the national average premium. Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Adjusts such deduction for inflation after 1994. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Subtitle B: Health Insurance Requirements - Sets forth requirements for employers for withholding health insurance premiums of employees, notifying employees of tax rights with respect to such premiums, converting non-self-insured plans, and selling, transferring, or reassigning existing self-insured plans. Amends the Internal Revenue Code to impose a tax on the failure to notify employees of the option to convert a non-self-insured plan to a federally qualified health insurance plan. Imposes a tax on the failure of a carrier offering a health insurance plan to comply with requirements with respect to self-insured plans. Revises provisions covering continuation coverage requirements of group health plans and requires such coverage for a maximum of 60 months. Subtitle C: State Plan Requirements - Requires States, as a condition of receiving Federal funds for health care programs after December 31, 1994, to meet specified requirements concerning: (1) health plans for the uninsured; (2) enrollment; and (3) monitoring. Subtitle D: Federal Preemption - Preempts all State laws in existence on January 1, 1995, in the following areas for five years: (1) mandated insurance laws; (2) anti-managed care laws; (3) mandated cost-sharing laws; and (4) certificate of need laws. Subtitle E: Medicaid Reform - Amends title XIX (Medicaid) of the Social Security Act to: (1) set the Federal medical assistance percentage for any State at 100 percent (excluding long-term care assistance); (2) provide Medicaid coverage for all individuals with income at the poverty level; and (3) authorize the HHS Secretary to award grants to States for the provision of long-term care to Medicaid-eligible individuals. Title IV: Antitrust Provisions - Subtitle A: Modification of the Operation of the Antitrust Laws to Hospitals - Provides that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement (including the sharing of data) to share expensive medical services or expensive high technology equipment. Authorizes the Secretary of Health and Human Services to issue waivers to exempt such conduct from the operation of the antitrust laws, subject to specified requirements. Provides that, to be eligible to receive such a waiver, two or more hospitals must submit to the Secretary an application that contains a proposed agreement that only: (1) provides that such hospitals shall share the expensive medical services or high technology equipment identified in such agreement; (2) specifies the period of time during which such agreement shall be in effect; and (3) describes the particular medical services or high technology equipment to be shared. Directs the Secretary, in evaluating the application, to consider whether implementation of such agreement will result in enhancement of the quality of hospital or hospital-related care, the preservation of hospital services in geographical proximity to the communities traditionally served by the applicants, improvement in the cost-effectiveness of high-technology services provided by the applicants, improvement in the efficient utilization of hospital resources and capital equipment, the provision of services that would not otherwise be available, or the avoidance of duplication of hospital resources. Sets forth: (1) provisions regarding the issuance and effect, and revocation, of a waiver; and (2) reporting requirements. Subtitle B: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits the recovery of damages, interest on damages, costs, or attorney fees under provisions of the Clayton Act relating to suits by persons injured, by the United States, and by State attorneys general, or under similar State laws, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients. Directs any Federal agency engaged in the establishment of medical professional standards to consult with and use appropriate medical self-regulatory entities, if available, in carrying out standard setting and related regulatory activities. Subtitle C: Interagency Committee - Establishes the Interagency Committee of Health Care Reform and Antitrust Policy to coordinate policy regarding health care reform and antitrust policy, and to make recommendations to the Congress regarding achieving both health care cost containment and greater access to quality health care through cooperation among health care providers. Title V: Medical Malpractice Reform - Subtitle A: General Provisions - Sets forth findings and definitions. Subtitle B: Grant Programs - Mandates grants to States for medical malpractice alternative dispute resolution systems. Describes fault-based, defined catastrophic injury compensation, early offer and recovery mechanism, and binding arbitration approaches. Allows other approaches. Requires: (1) grants for basic research on the prevention of and compensation for injuries from health care professional or provider malpractice; (2) grants for the licensing and discipline of health care professionals; (3) technical assistance to States for evaluation of medical practice acts and procedures, malpractice detection, and discipline; and (4) grants for educating the public regarding appropriate use of health care, realistic expectations, the resources and role of licensing and disciplinary boards, and faculty training and curricula. Mandates allotments to States for the grants under this title. Authorizes appropriations. Subtitle C: Health Care Malpractice Dispute Reform - Applies these provisions to all Federal or State medical malpractice actions. Limits lump sum future damages award dollar amounts. Mandates collateral source payment reductions. Limits the dollar amount of noneconomic damages. Sets forth time limitations for initiating actions. Preempts certain types of State laws regarding these requirements. Amends title XVIII (Medicare) of the Social Security Act to require: (1) allocation of all practitioner licensing or certification fees to a disciplinary agency; (2) each service provider and medical liability carrier to have a malpractice risk management program; and (3) review by professional societies of malpractice claims. Amends the Public Health Service Act to mandate a grant to an entity that represents recipients of assistance under provisions relating to migrant and community health centers for development of a business plan and establishment of a nationwide risk retention group. Authorizes appropriations for the grant and for capitalization. Title VI: Miscellaneous Provisions - Establishes in the Department of Health and Human Services the President's Council on Senior Fitness. Directs the Secretary, through the President's Council on Physical Fitness and Sports, to implement programs to promote healthy lifestyle choices. Authorizes appropriations.
Bill· SS. 3340 (102nd)referred
United States · United States Congress · 5 October 1992
Amends title XIX (Medicaid) of the Social Security Act wht respect to the home- and community-based care program to: (1) revise income and disability eligibility requirements; (2) limit the number of States which may participate in such program; (3) permit States to limit the number of individuals who may receive program services; and (4) revise application of Medicaid spousal impoverishment rules to spouses of individuals receiving program services.
Bill· SS. 3336 (102nd)referred
United States · United States Congress · 5 October 1992
Federal Resource Efficient Building Materials Act of 1992 - Requires the Administrator of General Services to establish a three-year pilot program to demonstrate the acquisition and use of resource efficient building materials in Federal facilities and buildings. Directs the Administrator, in selecting resource efficient building materials, to use the criteria of: (1) maximizing the conservation and preservation of natural resources; and (2) ensuring that the materials are similar in quality and durability to comparable, more conventional materials, are cost competitive with comparable, more conventional materials on a life cycle cost basis, and meet appropriate environmental, public health, and safety standards. Sets forth reporting requirements. Establishes the Resource Efficient Building Material Advisory Board to: (1) advise the Administrator on the latest developments in resource efficient building materials and design and on how such developments may be incorporated into the construction of Federal buildings; and (2) make recommendations to the Administrator on actions needed to further facilitate the acquisition and use of resource efficient materials in Federal construction and to minimize the generation of solid waste in the construction of Federal buildings and facilities. Directs the Administrator to promulgate regulations containing guidelines to Federal agencies on minimizing the creation of solid waste and on maximizing the use of resource efficient building materials in the construction of Federal buildings, after considering the Board's recommendations. Authorizes appropriations.
Bill· SS. 3328 (102nd)referred
United States · United States Congress · 5 October 1992
Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1992 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Establishes an advisory committee to be known as the Former Civilian Prisoner of War Committee.
Bill· SS. 3331 (102nd)referred
United States · United States Congress · 5 October 1992
MediCORE Health Act of 1992 - Title I: Eligibility and Enrollment - Makes each legal resident of the United States eligible for CORE SERVICES through a MediCORE card under a State program. Title II: Administration by Federal MediCORE Board - Establishes within the Department of Health and Human Services a Federal MediCORE Board to be responsible for the overall administration of this Act and for the oversight of State compliance with this Act, as well as the development of CORE SERVICES and of specific State guidelines. Requires the Board to: (1) publish and make available to each State a Model MediCORE Administration Manual; and (2) establish and administer the operation of a National Data Bank System with health care data and information. Specifies various health care studies to be conducted by the Board. Requires an annual report to the appropriate congressional committees on the state of the Nation's health care services. Title III: CORE SERVICES - Requires the Board to provide for CORE SERVICES that include: medically necessary services, Medicare services, supplemental benefits, preventive health care services, long-term health, custodial or personal assistance, and catastrophic care. Amends the Child Nutrition Act to authorize appropriations for the special supplemental food program. Title IV: Federal MediCORE Guidelines - Establishes requirements for Federal MediCORE guidelines to be developed and implemented by the Board. Title V: Approval and Oversight of State Programs - Grants approval and oversight authority to the Board over State programs. Title VI: MediCORE Budget - Requires the Board to prepare an annual MediCORE Budget which provides each approved State program with health care revenue sharing payments. Established the MediCORE Trust Fund to make such payments. Provides funding for such Trust Fund through appropriations, the transfer of certain taxes, and the transfer of funds from social security trust funds. Amends the Internal Revenue Code to impose a tax on employees and employers to provide for health care revenue sharing. Imposes a MediCORE tax on individuals. Makes other tax changes to conform to provisions of this Act. Title VII: Preparation and Submission of MediCORE Budget to Congress - Requires the Board to annually submit a MediCORE budget report to the Congress. Title VIII: Effective Date; Repeals; Transition; Relation to ERISA - Establishes the effective date for the MediCORE program. Repeals certain Acts and laws to conform to such program. Authorizes appropriations. Supersedes provisions of the Employee Retirement Income Security Act to the extent inconsistent with this Act.
Bill· HRH.R. 6178 (102nd)referred
United States · United States Congress · 5 October 1992
Antiprogestin Testing Act of 1992 - Directs the Secretary of Health and Human Services to conduct and support research, including clinical trials, on antiprogestin drug safety and efficacy for any potential use, including termination of pregnancy, contraception, and therapeutic use for cancer, endocrine disorders, and endometriosis. Makes the research subject to provisions relating to institutional review boards and peer review.
Bill· HRH.R. 6175 (102nd)referred
United States · United States Congress · 5 October 1992
Medical School Assistance Entitlement Act - Amends the Public Health Service Act to replace provisions relating to the Federal program of insured loans to graduate students in health professions schools with provisions entitling eligible individuals to payments for medical or osteopathic school attendance costs from the Trust Fund established by this Act. Limits lifetime payments. Amends the Internal Revenue Code to impose an additional individual income tax on any individual (and the individual's spouse) who received such payments. Establishes the Medical School Assistance Trust Fund, appropriating to it the taxes imposed by this Act. Authorizes appropriations to the Trust Fund, as repayable advances, as necessary to make the payments.
Bill· HRH.R. 6171 (102nd)referred
United States · United States Congress · 5 October 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity, including a self-insured entity, providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and, in phases, increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate, for specified fiscal years, the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Directs the Attorney General to establish an ADR for the resolution of Federal medical malpractice claims, to be used after completion of the administrative process under specified provisions. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Establishes requirements for and provides for annual certification of State ADRs. Directs the Secretary to establish an alternative Federal ADR for claims in States without certified ADRs. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act) programs and Medicare supplemental health insurance. Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Imposes a penalty on distributions not used for that individual's medical expenses. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures - Limits antitrust recovery to actual damages if the requirements of this subtitle are met, including the filing and publication of certain information regarding hospital joint ventures. Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care to make recommendations to the Congress regarding antitrust and health care. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered (except for actual damages, interest on damages, costs, or attorney's fees for injury sustained) under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients and not conducted for financial gain.
Bill· HRH.R. 6159 (102nd)referred
United States · United States Congress · 5 October 1992
State Care Act of 1992 - Amends the Social Security Act (SSA) to add a new title XXI, State Comprehensive Health Coverage And Cost Containment Demonstration Projects, establishing a program under which the Commission on State-Based Comprehensive Health Care (established below) is required to select States to participate in health coverage and cost containment demonstration projects (State Care projects). Establishes the Commission on State-Based Comprehensive Health Care (the Commission) to review, approve, and oversee State Care projects. Authorizes appropriations. Requires States desiring to have State Care projects approved to establish a State Care Plan Development Board through which to develop such projects. Exempts from this requirement States that have enacted comprehensive health care plans (State Care plans) within 12 months of enactment of this Act. Establishes Federal standards for approval of applications for grants for demonstrations in up to ten States. Specifies State Care plan requirements, including those for a standard benefit package, cost-control mechanisms, and quality control procedures. Details the various items and services which constitute such package. Sets limits on the amount, scope, and duration of certain benefits under such package. Details cost-sharing and provides for limits on out-of-pocket package expenses. Authorizes the Commission to award grants to States receiving approval of a State Care project application for: (1) establishment of a data base infrastructure necessary to measure and evaluate State Care plan success in achieving cost containment and access goals; and (2) consolidation of health care budgeting, regulating, financing, and delivery responsibilities of the State. Authorizes appropriations. Sets forth provisions regarding the payment of expenditures for individuals eligible for Medicaid (SSA title XIX). Sets forth provisions governing the application of Medicare (SSA title XVIII) and ERISA (Employee Retirement Income Security Act of 1974) with respect to any approved State Care project. Requires periodic reports by the Commission to the Congress on the reforms undertaken in States participating in State Care projects, along with recommendations for increased Federal funding for reform initiatives. Requires additional Commission reports on continued financing of State Care plans and, if no national, comprehensive health care system has been established, on establishing such a system that utilizes the experiences of State Care projects.
Bill· HRH.R. 6144 (102nd)referred
United States · United States Congress · 5 October 1992
Directs the Secretary of Defense to establish a program to assist eligible members of the armed forces after their separation from active duty to: (1) obtain certification in the occupations of the allied health professions, nursing, and social work; and (2) fill employment vacancies in such occupations existing in community health centers that serve medically underserved populations, other nonprofit community health centers, and nursing homes that participate in State Medicaid (title XIX of the Social Security Act) programs (underprivileged and Medicaid health services). Directs the Secretary to: (1) conduct a survey to identify those States with alternative certification requirements for allied health professionals, nursing professionals, or social workers; and (2) periodically request information from such States to identify underprivileged and Medicaid health services that are experiencing a shortage of allied health professionals, nursing professionals, or social workers. Makes eligible for the program members of the armed forces who: (1) during the five-year period beginning on October 1, 1992, are discharged or released from active duty under honorable conditions after two or more years of continuous active-duty service immediately before such discharge; (2) have received a minimum of a high school diploma or its equivalent; and (3) are certified as allied health professionals, nursing professionals, or social workers or are determined by the Secretary as likely to obtain such certification within a reasonable time after discharge or release. Authorizes the Secretary to accept program applications from members discharged or released during the period between October 1, 1990, and October 1, 1992, if other eligibility conditions are met. Outlines application requirements. Requires the Secretary to give priority to members who have educational or military experience related to health care or social work or in another subject area identified by the Secretary as important for national health care objectives. Requires sufficient appropriated funds before program operation. Requires members chosen for the program to enter into an agreement with the Secretary in which the member agrees to either obtain certification as a health or nursing professional or social worker within a reasonable time period or, within such time period, to obtain full-time employment within the underprivileged and Medicaid health services. Directs the Secretary to pay a stipend to participating members during their period of obtaining certification or while seeking employment. Requires stipend reimbursement upon failure to meet program agreement conditions, with exceptions. Sets forth similar provisions requiring the Secretary to establish a program to assist eligible civilian employees of the Departments of Defense and Energy to either obtain certification in such fields or to obtain employment in the underprivileged and Medicaid health services. Makes eligible for such program employees who were terminated (no two-year minimum service requirement necessary) from such employment as a result of reductions in defense spending or the closure or realignment of a military installation. Provides similar provisions as under the armed forces program with respect to applications, participant selections, priorities in employment, required appropriations, agreement conditions, and stipend payments.
Bill· HJRESH.J.Res. 561 (102nd)referred
United States · United States Congress · 5 October 1992
Designates August 23, 1993, as National Health Unit Coordinator Day.
Resolution· HCONRESH.Con.Res. 377 (102nd)referred
United States · United States Congress · 5 October 1992
Declares that it is the sense of the Congress that any Act to address the health insurance needs of the U.S. people should require that paid or unpaid leave, as detailed in the Family and Medical Leave Act of 1992, be incorporated as a basic or elective option for specified events.
Bill· HRH.R. 6122 (102nd)referred
United States · United States Congress · 3 October 1992
Prescription Drug Fraud Deterrence Act of 1992 - Amends the Controlled Substances Act to direct the Attorney General to establish a system for the filling of prescriptions required by provisions relating to Schedules II through V, but allowed to be made orally.
Bill· HRH.R. 6119 (102nd)referred
United States · United States Congress · 3 October 1992
State Health Care Financing Equity Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to waive ERISA preemption requirements so as to allow States to: (1) provide for State universal health plans, State risk pools for the medically uninsurable, or prospective payment systems; and (2) impose State provider taxes.
Bill· HRH.R. 6124 (102nd)referred
United States · United States Congress · 3 October 1992
Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Administrator of the Rural Electrification Administration to: (1) encourage the development of consortia to provide health care or educational services through telecommunications in rural areas of a qualified local exchange carrier service area; and (2) provide grants ($1.5 million maximum award, three-year maximum disbursement) for such purposes.
Law· SS. 3309 (102nd)enacted
United States · United States Congress · 2 October 1992
Amends the Peace Corps Act to: (1) extend authorizations of appropriations for the Peace Corps through FY 1993; (2) establish the Foreign Currency Fluctuations, Peace Corps, Account to pay expenses for Peace Corps operations which exceed appropriations for such expenses as a result of currency exchange rate fluctuations. Authorizes appropriations for such Account. Requires the Director of the Peace Corps to contract with an eligible organization to conduct three evaluations of the health care needs of Peace Corps volunteers and the adequacy of the Peace Corps health care system.
Law· SS. 3312 (102nd)enacted
United States · United States Congress · 2 October 1992
Amends the Public Health Service Act to authorize grants or contracts to operate population-based, statewide cancer registries in order to collect certain data for each form of in-situ and invasive cancer except basal cell and squamous cell carcinoma of the skin. Authorizes grants for planning the registries. Authorizes the Secretary of Health and Human Services, directly or through grants and contracts, or both, to provide technical assistance to the States in the establishment and operation of statewide registries. Mandates a study on factors contributing to elevated rates of breast cancer mortality in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
Bill· HRH.R. 6109 (102nd)referred
United States · United States Congress · 2 October 1992
School-Based Childhood Immunizations Program Amendments Act - Amends the Public Health Service Act to authorize grants for immunizations for children. Authorizes the grants only to local educational agencies with elementary schools in communities with substantial cases of vaccine-preventable diseases and substantial numbers of unimmunized children. Mandates community education. Specifies permissible uses of grant funds, including recruiting and retaining a school nurse. Authorizes appropriations.
Bill· HRH.R. 6100 (102nd)referred
United States · United States Congress · 2 October 1992
American Consumers Health Care Reform Act of 1992 - Title I: Immediate Health Care Reforms - Subtitle A: Expansion of Medicaid Program - Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid eligibility for all residents of a State: (1) who are U.S. citizens or nationals or lawful resident aliens; (2) whose income does not exceed specified percentages of the poverty level, increasing those percentages between the first and second effective fiscal years; and (3) whose resources do not exceed the limits set by title XVI (Supplemental Security Income) of the Social Security Act. Terminates, two years after this Act becomes effective, payments to States (and State obligations to provide assistance) under Medicaid, except for outpatient prescription drugs and biologicals, home health care, nursing facility services, community supported living, home and community-based services, and other items and services that relate to long-term care and are not covered under Medicaid provisions added by this Act. Includes in the assistance made available under this Act assistance for the same amount, duration, and scope as under certain Medicaid provisions relating to medical assistance, except for nursing facility or home health care services. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Phases in an increased Federal medical assistance percentage (FMAP) for acute care services and a modified FMAP for items and services other than acute care services. Prohibits assistance under these provisions and the increased FMAP unless the State continues to provide home health care and nursing facility services. Directs the Secretary of Health and Human Services to develop standards for State long-term care plans under existing Medicaid provisions at the end of a specified transition period. Mandates a report on the impact on States of the FMAP decrease for outpatient prescription drugs. Amends Medicaid provisions to establish a Federal medical assistance program regarding acute care services for poor individuals and certain assistance for Medicare (title XVIII of the Social Security Act) cost-sharing for certain Medicare beneficiaries. Authorizes appropriations to carry out the provisions relating to the new program and such Medicare assistance. Mandates payment for items and services furnished to: (1) U.S. citizens, nationals, or lawful resident aliens; (2) whose incomes do not exceed specified percentages of the poverty level, increasing those percentages in the third through fifth effective fiscal years; and (3) whose resources do not exceed a specified level. Mandates payment for Medicare cost-sharing for: (1) Medicare beneficiaries; (2) disabled and working individuals, as defined in specified provisions; and (3) individuals who would be Medicare beneficiaries but for their income being between 100 and 120 percent of the poverty line. Specifies covered services, including certain: (1) inpatient and outpatient hospital services; (2) consistent with State law, rural health clinic services; (3) other laboratory and X-ray services; (4) screening, diagnostic, and treatment services; (5) family planning services and supplies; (6) physician's services; (7) medical and surgical services furnished by a dentist; (8) nurse-midwife services; and (9) pediatric or family nurse practitioner services. Excludes certain nursing facility and home health care services. Prohibits fixed limitations on the amount, duration, and scope of medically necessary services. Phases in, over two years, a requirement that payment rates for such services be the same under Medicaid as under Medicare. Mandates adjustment of such payment rates for demographic and geographic characteristics. Limits payments for such services based on Medicare participation conditions and agreements. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Requires: (1) eligibility for these services to be determined by the same entity in a State that determines eligibility for benefits under title XVI (Supplemental Security Income) of the Social Security Act; and (2) payment to providers to be made through the same entity or entities that make provider payments under Medicare, as amended by this Act. Mandates encouragement of the development and application of managed care arrangements to the provision of such services, including primary care case-management arrangements, health maintenance organizations, and competitive medical plans. Requires comprehensive managed care arrangements to include capitation payments at a level equivalent to payments that would be made for individuals not enrolled in such an arrangement. Requires State maintenance of effort, phasing in over nine years an increased Federal percentage and phasing out over the same period the FMAP for services not covered. Mandates a study on the effect of the State maintenance of effort requirements on different States and on the relation of the total amount of maintenance of effort to the long-term care needs in each State. Subtitle B: Medicare Reform - Directs the Secretary of Health and Human Services to take steps to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) over a five-year period, contracting with a single entity that combines the intermediary and carrier functions in each area, except where special regional or national contracts are appropriate. Mandates development of payment proposals that eliminate inconsistent incentives under Medicare. Subtitle C: Health Benefit Plan Reform - Part 1: Preemption of State Mandatory Benefit Laws and Anti-Managed Care Laws - Preempts State laws, as applied to a qualified small employer (not over 100 employees) purchasing group (having at least 100 employer members per State): (1) requiring the offering, by an employer member, of any health benefit plan services, category of care, or services of any class or type of provider; or (2) prohibiting a group of employers from purchasing health insurance with respect to member employers or their employees. Preempts State laws: (1) restricting carriers from negotiating provider reimbursement rates or contracting selectively with one provider or a limited number of providers; (2) limiting the financial incentives a health benefit plan may require a beneficiary to pay when a non-plan provider is used on a non-emergency basis; or (3) restricting utilization review in certain ways. Requires the Comptroller General to study the benefits and cost effectiveness of the use of managed care in the delivery of services. Ends the preemptions mandated by this paragraph five years after enactment of this Act. Part 2: Restriction on Pre-Existing Condition Provisions for Employer Health Insurance - Prohibits a carrier from imposing certain preexisting condition limitations or exclusions. Requires carriers to waive a preexisting condition waiting period in certain circumstances. Part 3: Small Employer Insurance Market Reforms - Requires a carrier that offers a small employer health plan in a State to offer the same plan to any other small employer in the State. Allows refusal to issue or renew (or termination of) such a plan only for nonpayment of premiums, fraud, or misrepresentation. Requires, after a minimum benefit package is established under provisions of this Act, that each such carrier make available a plan that only provides for such minimum benefits. Declares that a plan offered through an association composed exclusively of employers (which may include self-employed individuals) and formed for purposes other than obtaining health insurance need not be offered to individuals who are not employees of employer members or self-employed members. Allows health maintenance organizations to have geographic and size limits. Requires: (1) a single cohesive rating system applied consistently for all small employers and actuarially certified annually; and (2) the reference premium rate charged for a small employer health plan with similar benefits in a community for a type of family enrollment to be the same for all small employers. Allows limited reference premium rate adjustment based on the age and gender of covered individuals. Requires each small employer health plan to permit enrollment of three classes: (1) one adult; (2) a married couple without children; and (3) a married couple with one or more children or one adult with one or more children. Part 4: Establishment of Standards; Enforcement; General Definitions - Mandates development of standards to carry out parts 2 and 3 of this subtitle. Requires each State to report to the Secretary on the enforcement of the standards. Permits more stringent State standards. Directs the Secretary to provide for enforcement if a State fails to do so and with respect to plans not subject to State regulation. Amends the Internal Revenue Code to impose a tax on the failure of any carrier to comply with part 2 standards or of any small employer carrier to comply with part 3 standards. Subtitle D: Medical Malpractice Reform - Part 1: General Provisions - Applies this subtitle to any medical malpractice liability action in any State or Federal court, except regarding: (1) a vaccine-related injury or death covered by certain provisions of the Public Health Service Act; or (2) injuries allegedly arising solely from the use of a medical product. Preempts inconsistent State laws. Part 2: Uniform Standards for Medical Malpractice Liability Actions - Sets forth time limits for bringing medical malpractice liability claims. Prohibits bringing such a claim in a State court unless the claim has been initially resolved under an alternative dispute resolution system (ADR) certified by the Secretary under this Act. Gives an ADR decision the same status, for purposes of court enforcement, as the verdict of a medical malpractice action adjudicated in a State or Federal trial court. Provides for the treatment of an ADR decision regarding going forward with the action and the burden of proof. Amends Federal law relating to judicial procedure to require each Federal agency to use an alternative means of dispute resolution to settle a medical malpractice claim against the United States. Mandates a pretrial settlement conference. Limits: (1) noneconomic damages to a specified dollar amount; and (2) punitive damages to twice the damages awarded to the plaintiff and the plaintiff's family. Requires any punitive damages to be paid to the State in which the action is brought. Requires that State to use such amounts to carry out activities to assure the safety and quality of health care services, including: (1) licensing health care providers; (2) operating ADRs; (3) operating public education programs; and (4) carrying out programs to reduce malpractice-related costs for providers volunteering services in medically underserved areas. Mandates periodic payment for future losses, if over a specified amount. Limits contingent plaintiff's attorney's fees. Mandates awarding attorney's fees, expert fees, and certain other litigation expenses to the contesting party if the court upholds an ADR ruling. Makes medical malpractice liability several only and not joint, with each defendant being liable only for their percentage of the responsibility. Prohibits a finding of negligence in a medical malpractice liability action unless the conduct at the time of providing the services was not reasonable. Declares it to be a complete defense that the defendant followed the appropriate practice guideline, provided the Secretary has sanctioned the use of the guideline for purposes of an affirmative defense. Sets forth a sanctioning process. Declares that a prima facie case of negligence is not presented solely by showing that the defendant failed to follow the appropriate practice guideline. Prohibits a finding of malpractice relating to services during labor or delivery if the defendant did not previously treat the plaintiff for the pregnancy unless the malpractice is proven by clear and convincing evidence. Specifies the ways and extent to which this part supersedes State laws. Part 3: Requirements for State Alternative Dispute Resolution System (ADR) - Lists requirements for State ADRs, including that they: (1) apply to all medical malpractice claims under the State courts; and (2) transmit findings of malpractice to the State agency responsible for monitoring or disciplining providers. Requires application of the provisions of part 2 to claims under a State's ADR as such provisions apply to actions brought in the State. Provides for certification of State ADRs. Mandates a report to the Congress describing and evaluating State ADRs. Part 4: Other Requirements and Programs - Amends the Social Security Act to authorize appropriations (and modify existing authorizations of appropriations) to carry out provisions regarding research on outcomes of health care services and procedures, earmarking funds for sanctioning practice guidelines for an affirmative defense in medical malpractice liability actions. Directs the Secretary, in order to facilitate the research, to conduct and support data collection on medical malpractice actions. Mandates: (1) development of a standard reporting form for State ADRs regarding resolved disputes; and (2) a study on the effect of the malpractice guidelines developed by the Administrator for Health Care Policy and Research on malpractice incidence and costs. Allows, notwithstanding any other provision of State or Federal law, a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to participate in the licensing of such practitioner and the review of any malpractice action or allegation or other information concerning the practice patterns of the practitioner. Requires each State to require: (1) each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may endanger patients; and (2) each malpractice insurance provider to establish risk management programs and require those maintaining insurance to participate. Mandates grants: (1) for the conduct of basic research on the prevention of and compensation for injuries resulting from health care professional or provider malpractice and research on the outcomes of health care procedures; (2) to States to improve each State's ability to license and discipline health care professionals; (3) for public education on appropriate health care use and realistic expectations; (4) for public education on the resources and role of health professional licensing and disciplinary boards; and (5) for developing faculty training and curricula for educating health professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Mandates a study on the factors preventing or discouraging physicians from volunteering to provide services in medically underserved areas. Subtitle E: Medical Education Reform - Amends Medicare provisions to require that, ten years after enactment of this Act, half of: (1) direct graduate medical education cost payments be made for residency training in primary care fields; and (2) indirect medical education cost payments be made for physicians in primary care fields. Amends the Public Health Service Act to require that, ten years after enactment of this Act, half of all new insured loans to and installments on lines of credit for graduate students in health professions schools be made for students in primary care fields. Requires each State to develop a comprehensive plan to identify the health personnel needs of its residents. Subtitle F: Public Delivery System - Mandates development of national standards to identify medically underserved populations. Requires each State to develop a comprehensive plan for addressing the needs of such populations under such standards. Authorizes appropriations for additional grants to migrant and community health centers and programs for health services for the homeless to provide for at least one publicly-funded health center in each such identified area. Directs the Secretary to promote individual responsibility in personal health care and in the use of health care resources. Declares that it is the sense of the Congress that the amounts appropriated under provisions relating to the general authority of the Secretary regarding health information and health promotion should be increased sufficiently to permit the Office of Disease Prevention and Health Promotion to carry out specified activities. Directs the President to provide for the coordination and, to the extent appropriate, consolidation of all Federal nutrition activities. Requires establishment of at least four demonstration projects to test alternative ways of promoting informed decision making by providers and patients on the appropriate utilization of expensive life-sustaining technology. Specifies four projects which must be included. Authorizes appropriations. Mandates: (1) development of an action plan for reducing the U.S. incidence of specified health risk factors such as smoking, overweight, sedentary lifestyle, and failure to use seat belts; and (2) identification of Federal policies that may hinder attainment of the plan goals. Subtitle G: Public Disclosure - Directs the Secretary to establish standards for the collection and disclosure of health care data under this subtitle, including a computerized system, a uniform claims format, a mechanism to avoid duplicating Medicare and Medicaid services reporting and to coordinate data collected for such services with other health care services, and a quality- and effectiveness-measuring methodology. Allows the collection and disclosure requirements of this subtitle to be implemented by a State or by the Secretary. Authorizes appropriations. Requires the implementing entity to collect, and data sources to submit, specified data. Mandates publication of specified data, including on at least the most frequent 65 percent of services and payments and including comparisons among providers regarding payments and service effectiveness. Provides for special reports from raw data and for a means for computer-to-computer access to any purchaser. Provides for public access to the data. Prohibits release of specified types of information and imposes criminal penalties. Sets forth procedures for access by purchasers and other parties. Subtitle H: Tax Incentives to Provide Only Minimum Benefits - Amends the Internal Revenue Code to disallow a trade or business expense deduction for health care benefits exceeding the minimum benefits package under title II of this Act. Excludes from an employee's gross income employer-provided health coverage, but only up to the minimum benefit package. Removes provisions ending, on a specified date, the deductibility of a specified percentage of the health insurance expenses of self-employed individuals. Makes the cost of the minimum benefit package coverage fully deductible for such individuals. Title II: National Health Care Reform Proposals - Subtitle A: National Health Care Reform Commission - Establishes the National Health Care Reform Commission, requiring it to: (1) develop national health care goals to improve access to health care, safeguard and improve quality, and control costs; and (2) advise the Secretary on subtitle B demonstration projects and make related evaluations and recommendations. Requires the Commission to submit to the Congress a legislative proposal specifying a minimum benefit package to be used for a demonstration project under this title. Declares that the package, if approved by enactment of a joint resolution, shall also be used for implementing subtitle C (Health Benefit Plan Reform) of title I and determining the tax treatment of employer-paid employee health benefits in excess of the minimum package. Requires: (1) coverage of medically appropriate and cost effective preventive, diagnostic, and therapeutic services; and (2) cost-sharing providing an incentive to avoid unnecessary care while avoiding excessive cost-sharing by individuals with catastrophic illnesses. Sets forth rules, changeable as any other rules of the House of Representatives or the Senate, for the consideration of such a joint resolution. Subtitle B: Demonstration Projects on Alternative Financing and Delivery Systems - Mandates establishment of such demonstration projects as necessary to test alternative methods for organizing the structure of the U.S. health care financing and delivery system. Authorizes the Secretary to initiate projects and seek applications from States. Prohibits projects from increasing Medicare and Medicaid expenditures. Authorizes waivers, as necessary, of requirements of Medicare, Medicaid, the Employee Retirement Income Security Act of 1974, and specified antitrust laws. Requires the Secretary to provide for the transfer from the Federal Hospital Insurance Trust Fund of sums as necessary to provide for evaluations of the projects.
Bill· HRH.R. 6096 (102nd)referred
United States · United States Congress · 2 October 1992
Ambulatory Care Quality Improvement Act of 1992 - Directs the Secretary of Health and Human Services to establish a program under which ambulatory surgery facilities and ambulatory emergecy care facilities are certified to assure that health care services are safely and effectively performed in such facilities. Sets forth certification requirements. Requires the Secretary to regularly inspect such facilities and approve accreditation organizations. Provides judicial review provisions for facilities which have had their certifications withdrawn or suspended. Requires the Comptroller General to study the Social Security program and State quality assurance programs for ambulatory surgery and emergency care facilities for comparisons with programs under this Act and report to specified congressional committees with findings. Authorizes the Secretary to require fee payments to cover the cost of developing and administering the certification program.
Resolution· HRESH.Res. 593 (102nd)passed
United States · United States Congress · 2 October 1992
Sets forth the rule for the consideration of S. 2681 (Native Hawaiian health care).
Bill· SS. 3300 (102nd)referred
United States · United States Congress · 1 October 1992
21st Century Health Care Act - Title I: Eligibility and Enrollment - Entitles every U.S. resident who is a citizen, national, or lawful resident alien to health care coverage purchased through a health insurance purchasing cooperative (HIPC) created under this Act in their State of primary residence. Authorizes the National Health Care Board created in this Act to also make eligible for health care services such nonimmigrant aliens and other individuals as the Board considers appropriate. Requires such State to provide a mechanism for the enrollment of individuals entitled to health benefits purchased through a HIPC, as well as the issuance of a State health insurance card for use in identification and claims processing. States that each State HIPC program: (1) shall not impose a minimum residency requirement for entitlement in excess of three months; (2) shall provide continuation of services for individuals moving to another State until a minimum period of residency is established in the latter State; and (3) shall provide for the payment of health care services to individuals temporarily absent from the State. Requires the Board to issue regulations to provide for the transition of the Federal Employees Health Benefits Program to the health benefits program established under this Act. Title II: Managed Competition in Health Plans - Subtitle A: National Health Care Board - Establishes a National Health Care Board to: (1) establish and oversee the various responsibilities for the Health Outcomes Management Standards Board, the Health Benefits Standards Board, the Health Insurance Standards Board, the Medicare Transition Board, and the National Health Data System (all created under this Act); (2) establish a uniform data system to designate qualified HIPCs and carriers; (3) determine and implement a system for the collection of relevant health outcomes data; (4) determine and revise minimum benefit requirements of a qualified health benefits plan; (5) establish a program for low-income assistance, including premium and cost-sharing assistance; (6) establish an assistance program for individuals employed by small businesses; and (7) make written recommendations at least annually to the Secretary of Health and Human Services and the States with respect to the planning, development, and implementation of all components of the National Health Insurance Data System established under this Act. Requires the Board to provide for the initial organization of a Health Outcomes Management Standards Board (Outcomes Board) to make recommendations to the Board concerning: (1) the establishment of a national data system for patient outcomes and other quality measures; (2) the standards for information collection and reporting from Accountable Health Plans (AHPs); and (3) oversight of data centers and data evaluation. Provides funding to the Outcomes Board through establishment of an annual registration fee for AHPs. Requires the Board to provide for the initial organization of a Health Benefits Standards Board (Benefits Board) to make recommendations to the Board concerning: (1) the uniform set of effective benefits; (2) effective services for such benefits; and (3) auditing standards to ensure the accuracy of information collected from AHPs. Provides funding to the Benefits Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Health Insurance Standards Board (Insurance Board) to make recommendations to the Board concerning the standards for AHPs and HIPCs, and the treatment of uniform effective health benefits and expenses in excess of accountable health plan costs. Requires the Insurance Board to also ensure the financial viability of AHPs and resolve conflicts between AHPs and consumers in the delivery of the uniform set of effective benefits. Provides funding to the Insurance Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Medicare Transition Board (Transition Board) to make recommendations to the Congress concerning the integration of the Medicare health program with the health program established under this Act. Provides funding to the Transition Board through an annual AHP registration fee. Directs the Board to: (1) register AHPs that meet standards provided under this Act; (2) establish rules for the process of risk-adjustment of premiums among AHPs by HIPCs; (3) establish standards for the periodic reporting by AHPs of information on clinical health outcomes, status, well-being, plan satisfaction of enrolled individuals, health care expenditures, and volumes and prices of procedures; (4) analyze all information so reported; (5) provide for the distribution of its analysis on individual AHPs; (6) publish annual reports on collected information; and (7) distribute related information as appropriate. Provides procedural rules governing congressional consideration of Board actions, requiring specific disapproval by joint resolution in order to overturn such actions. Subtitle B: Health Insurance Purchasing Cooperatives - Requires each State to provide for the establishment as a not-for-profit corporation of a health insurance purchasing cooperative (HIPC) to implement a State coordinated buying program under specified procedures. Outlines HIPC requirements. Requires each HIPC to be governed by a Board of Directors to oversee the functioning of all HIPCs within such State, provide expertise, coordinate HIPC activities among districts, and resolve disputes arising in the implementation of this Act. Requires each HIPC to: (1) enter into agreements with AHPs and employers; (2) enroll individuals under AHPs; (3) receive and forward adjusted premiums for plan enrollment; (4) coordinate with other HIPCs; (5) engage in education and outreach efforts to inform the public about the HIPC coordinated buying program; (6) solicit bids and negotiate with AHPs to make available health benefit plans through the coordinated buying program and one or more HIPCs; and (7) prepare and disseminate the documentation required by Federal agencies to certify participation in the coordinated program. Provides similar local district activities of HIPCs. Outlines provisions concerning the agreement entered into between each HIPC and AHP, including agreement termination, offer of enrollment to individuals at applicable premium rates, and payment and receipt of premiums. States that each AHP retains the risk of nonpayment by enrolled individuals. Requires each HIPC to offer eligible individuals the opportunity to enroll in an AHP for the HIPC area in which such individual resides. Outlines provisions concerning the enrollment process, as well as the periods of coverage for the initial, general, and special enrollment periods. Provides for the receipt of premiums by a HIPC and the forwarding of such premiums to the AHP providing the health services, after the taking by the HIPC of a specified percentage to cover overhead expenses. Requires the Board to establish rules for coordination among HIPCs in cases where under an agreement with a HIPC eligible individuals are enrolled by an employer located in one State and the employees reside in a different State. Subtitle C: Accountable Health Plans - Part 1: Requirements for Accountable Health Plans - Requires the Board to provide a process whereby a health plan may be registered with the Board by its sponsor as an accountable health plan (AHP). Requires an AHP, in order to be eligible for registering, to: (1) provide for coverage of the uniform set of effective benefits specified by the Board; (2) provide for the collection and reporting to the Board of information concerning enrollees and the provision of services; (3) not discriminate in enrollment or benefits; (4) establish standard premiums for the uniform set of effective benefits; (5) meet financial solvency requirements; and (6) provide for effective grievance procedures and restrict certain physician incentive plans. Requires each AHP to also provide for the imposition of uniform cost-sharing (deductibles and coinsurance). Requires each AHP to provide at least annually to its HIPC necessary information to evaluate AHP cost and performance in meeting the needs of its enrollees. Prohibits an AHP from denying, limiting, or conditioning the coverage under its plan based on the health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Allows an AHP to exclude coverage for a previous condition, but limits such exclusion to six months. Requires each AHP to establish standard premiums, for individual and family coverage, for the uniform set of effective benefits within each HIPC area in which the plan is offered. Provides with respect to each AHP: (1) financial solvency requirements; (2) grievance procedures; and (3) the acceptance of information electronically from the Board on the eligibility of individuals for low-income and small business assistance. Part 2: Preemption from State Laws for Accountable Health Plans - Preempts any State law which is different from the uniform set of effective benefits established by the Board under this Act, as well as any State law restricting network plans or utilization review programs. Subtitle D: Treatment of Areas of Ineffective Competition - Requires the Board, if it determines that there is ineffective price competition in the provision of health services within the uniform set of effective benefits in an area of a State, to authorize the State HIPC to establish reimbursement benchmarks to be used in the determination of rates to be charged by providers of services in such area until the Board finds that effective price competition exists. Subtitle E: Definitions - Provides definitions. Title III: Uniform Effective Health Benefits - Requires the Board to annually specify the uniform set of effective benefits for the next fiscal year to apply in all States. Requires such benefits to include the full range of legally authorized treatments for conditions, but allows for the exclusion of benefits for services and items that the Board determines have not been shown to reasonably improve or significantly ameliorate a health condition. Requires specific treatments, procedures, and care to be left up to the individual AHP. Provides for the inclusion and exclusion of specified services within the uniform set of effective benefits. Requires the Board to entitle every eligible individual under an AHP to payment for such covered services. Title IV: Application of Antitrust Laws - Exempts from the antitrust laws the action of two or more hospitals negotiating a proposed agreement to share expensive medical services or high technology equipment. Requires, for such exemption, such hospitals to submit an application to the Board describing the particulars of such agreement, Board approval, and Board issuance of a waiver from the antitrust laws for such agreement. Allows the revocation of such waiver in specified circumstances. Title V: Cost Control and Financing - Subtitle A: Health Budgets - Requires the Board to: (1) establish an annual fiscal year budget of expenditures; (2) compute the national average per capita cost for each of the health care services included in the expenditures; (3) designate a series of risk groups, by age, sex, and other factors, for health care services and costs; (4) develop for each State HIPC a factor to adjust the national average per capita costs for each risk group; (5) determine total projected expenditures for each State HIPC for each covered health service; (6) determine the appropriate Federal contribution for each State for total projected expenditures; and (7) make appropriate subsequent calculations to adjust the budgets, estimates, and contributions. Requires each State to raise the revenues necessary to cover its share specified in the national health budget established by the Board. Subtitle B: Funding - Directs the Board to develop a mechanism for determining and collecting revenues to fund Federal contributions, which shall be approved or disapproved under congressional joint resolution procedures. Amends the Public Health Service Act to impose on any employer a civil penalty equal to 34 percent of the excess health plan expenses of such employer. Defines the excess health plan expenses as those not covered under an AHP or paid to a HIPC for coverage under an AHP. Prohibits the amount of employer contribution from varying based on the AHP selected. Outlines employer obligations with respect to the enrollment of eligible individuals in an AHP through a State HIPC. Provides civil penalties for failing to meet such obligations. Establishes the National Health Care Trust Fund and appropriates to the Fund all of the premiums received by the Board for coverage under an AHP, along with any penalties collected. Requires each State to establish a funding program for the implementation of the State HIPC program in that State, requiring each program to include the enrollment and standard premium financing required under this Act. Entitles each State with an HIPC program approved by the Board to its appropriate per capita funding from the Board for implementation of the AHP.
Bill· SS. 3299 (102nd)referred
United States · United States Congress · 1 October 1992
Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Undeserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility - Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine-preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for the early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends the title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.
Bill· SS. 3291 (102nd)referred
United States · United States Congress · 1 October 1992
Interstate Child Support Enforcement Act - Title I: Locate and Case Tracking - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to allow the Federal Parent Locator System (FPLS) to be used for the purposes of parentage establishment, child support establishment, modification, and enforcement, and child visitation enforcement provided that safeguards are in place to prevent release of information when it may jeopardize the safety of the children or either parent. Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary of Health and Human Services (HHS) with access to the quarterly estimated Federal income tax returns filed by individuals with the Internal Revenue Service (IRS). Requires States to have in place procedures under which the State agency responsible for child support enforcement shall: (1) have access to data base information regarding residential addresses, employers and employer addresses, income and assets, and medical insurance benefits of absent parents; and (2) maintain child support order registries. Expresses the sense of the Congress that the HHS Secretary should investigate accessing certain Federal data banks not already linked to FPLS. Requires the HHS Secretary to expand FPLS to provide a national network to State agencies and courts for locate and case tracking. Requires that private attorneys and pro se obligees be allowed access to State locate resources and other public enforcement techniques for the limited purpose of establishing, modifying, and enforcing child support and other orders. Requires the Secretary of the Treasury to: (1) establish a system for reporting new employees and information on their W-4 forms to the appropriate State employment security agency; and (2) modify the W-4 form completed by new employees to include child support and health insurance information. Amends the Internal Revenue Code to require employers to withhold from employee wages amounts owed for child support. Amends SSA title IV part D to establish procedures for verification of child support information by the State and for the imposition of monetary penalties on: (1) employees who fail to report to their employers amounts owed for child support; and (2) employers who fail to withhold such amounts and properly disburse them. Requires States to: (1) notify the employer in cases where the employee has not correctly reported information regarding his or her child support obligations on the W-4 form; (2) broadcast over FPLS to other States information based on the W-4 form that has been sent to the State employment security agency; and (3) notify an individual owed child support when there is a match between W-4 related information and information on file relating to support orders. Requires the heads of the National Criminal Information Center, the National Law Enforcement Telecommunications Network, and any other national or regional systems for tracking individuals to allow access to information to Federal, State and local child support agencies. Requires States to broadcast on their local and State crime information systems failure-to-appear warrants, capiases, and bench warrants issued by courts in civil and criminal parentage and chid support proceedings. Provides that if a defendant posts security after being arrested, the State shall remit any subsequent forfeiture to the individual owed the child support to the extent of any child support arrearage. Title II: Establishment - Amends SSA title IV part D to require States to pass long-arm statutes which provide for jurisdiction over a non-resident in an action to establish, enforce, or modify a child support order, or determine parentage if certain conditions are met. Requires States to promulgate procedures under which they shall treat out-of-State service of process in child support and parentage actions in the same manner as in-State service of process. Expresses the sense of the Congress that the courts of a State may, consistent with due process, exercise personal jurisdiction over a nonresident who is the parent or presumed parent of a resident child in order to establish, enforce, or modify a child support order or determine parentage. Requires States to recognize and enforce parentage and child support orders of other States where jurisdiction was properly asserted. Specifies the conditions under which a State court has personal jurisdiction over a nonresident contestant. Requires State courts to maintain continuing, exclusive jurisdiction over a child support order for as long as the State remains the child's State or the residence of any contestant, unless another State court has modified such order. Specifies the conditions under which a State court may modify a parentage or child support order made by another State court. Provides that a court in a State shall not exercise jurisdiction in a parentage or child support proceeding during the pendency of a proceeding in a court of another Stte which has jurisdiction, except under certain circumstances. Requires State courts to apply the law of the forum State in a proceeding to adjudicate parentage or to establish a child support order except: (1) when they interpret an order issued by a court of another State; or (2) in permitting an action to collect child support arrearages, when the statute of limitations of the forum State would preclude the action but the statute of limitations of the issuing State would permit the action. Sets forth provisions regarding service of process on Federal employees and members of the armed forces relating to child support, alimony, and parentage obligations. Requires that parents' identification and locate information be filed with the State court adjudicating parentage and child support actions. Requires safeguards on such information where there is a court order for the physical protection of the child or one parent entered against the other parent. Requires State child support agencies to timely notify any individual owed child support of all hearings in which such support might be established, modified, or enforced, and promptly provided copies of any such orders. Requires States to allow parties seeking both parentage adjudication and child support establishment in a judicial proceeding to bring a joint action in a single cause of action. Sets forth guidelines for uniform State procedures regarding jurisdiction, venue, and Federal employee residential status. Amends the Consumer Credit Protection Act to allow State child support agencies to use credit reporting agencies for the purposes of obtaining information relevant to the setting of an initial or modified child support award, without the necessity of obtaining a court order. Creates a National Child Support Guidelines Commission to: (1) study and report to the President and the Congress on the desirability of national child support guidelines; and (2) if such guidelines are advisable, develop them for congressional consideration. Amends SSA title IV part D to specify certain principles to be included in State child support guidelines. Requires States to provide for a continuing support obligation by one or both parents until a child reaches age 18 or graduates from or is no longer enrolled in secondary school or its equivalent, whichever is later. Provides that a support order shall also cease when a child marries or is otherwise emancipated by a court. Requires States to give their courts with child support jurisdiction discretionary power to order: (1) child support payable at least up to age 22 for a child who is a student in good standing in an accredited post-secondary or vocational school or college; and (2) either or both parents to pay for post-secondary school support based on each parent's financial ability to pay. Requires States to provide for the continuation of child support beyond the child's age of majority provided the child is disabled, unable to be self-supportive, and the disability arose during the child's minority. Requires the Office of Child Support Enforcement (designated under title VI of this Act) to draft and distribute a national subpoena duces tecum for local and State child support agencies to use to reach income information pertaining to all private, Federal, State, and local government employees. Requires States to establish procedures with respect to out-of-State orders, decrees, or judgments related to parentage or child support, and other evidentiary documents. Requires HHS to develop a uniform abstract of a child support order for use by all State courts. Requires States to: (1) list on marriage licenses the applicants' social security numbers; and (2) use procedures that require individuals who have been issued subpoenas to produce and deliver documents to or to appear at a court or administrative agency on a certain date. Title III: Parentage - Amends SSA title IV part D to require States to provide for hospital-based paternity establishment and the establishment of paternity outreach programs. Provides for 90 percent Federal matching for State paternity outreach programs. Requires States to adopt various specified procedures for establishment of parentage. Title IV: Enforcement - Amends several anti-assignment provisions under SSA title IV part D to make it possible for child support to be withheld from certain governmental sources, including veterans' disability, military disability, railroad workers' disability and retirement, long shore and harbor workers' benefits, black lung benefits, and Federal health benefits. Requires States to mandate that any individual or entity engaged in commerce, as a condition of doing business in that State, honor income withholding notices or others issued by a court of any other State. Requires the HHS Secretary to develop a uniform withholding notice to be used in all income withholding cases. Requires State procedures setting the priority for applying proceeds withheld from income in the following manner: (1) payments on current support obligations; (2) payments of premiums for health insurance for dependent children; and (3) payments on past-due child support obligations and unreimbursed health-care expenses. Allows workers' compensation income to be subject to income withholding. Amends the Consumer Credit Protection Act with respect to State laws and garnishments for the purpose of securing child support. Requires that Federal debts receive a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. Requires States to: (1) provide that the election of remedies prohibition does not apply in child support cases; and (2) establish procedures for refusing issuance or renewal of the professional, occupational, or business licenses of noncustodial parents who are the subjects of outstanding failure-to-appear warrants, capiases, and bench warrants related to child support. Requires the Federal Government to withhold issuance or renewal of the professional, occupational, or business license of a delinquent child support obligor until the pro se obligee, the obligee's attorney, or State prosecutor involved in the case against the obligor consents to renewal, a court responsible for the enforcement of the child support order orders the release of the hold on the license, or an expedited inquiry and review is completed while the obligor is granted a temporary license. Requires States to develop procedures under which motor vehicle departments may not issue or renew, or may suspend, driver's licenses or vehicle registrations of noncustodial parents who are the subject of outstanding failure to appear warrants, capiases, or bench warrants related to a child support proceeding. Requires States to provide for the use of temporary licenses or registrations by the subjects of such warrants pending a specified show cause hearing or the removal of such warrants, whichever occurs firsts. Requires States to: (1) establish procedures for placing liens on vehicle titles for child support arrearages; (2) authorize post-judgment seizure of bank accounts in child support cases without the need to obtain a separate court attachment order; (3) establish procedures under which liens can be imposed against lottery or gambler's winnings, insurance settlements or policy payouts, awards, judgments or settlements resulting from lawsuits, and property seized or forfeited to the State if the beneficiary owes past-due child support; and (4) establish procedures that provide for badges of fraud creating a prima facie case that an obligor transferred income or property to avoid paying a child support creditor. Expresses the sense of the Congress that the Commissioner of Internal Revenue should instruct Internal Revenue Service field officers and agents to give a high priority to requests for the use of full collection in child support arrearage cases. Requires the Secretary of Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collection. Requires States to develop procedures which allow the posting of a cash bond, security deposit, or personal undertaking with the State child enforcement agency in order to provide for timely child support payments. Makes it possible for individuals who are owed past-due child support, and do not receive assistance under SSA title IV part A (Aid to Families with Dependent Children) (AFDC), to use Federal and State tax refund procedures to collect past-due child support, regardless of the child's age. Requires States to: (1) establish procedures under which a child support obligor may attach lump sum funds invested by the obligor or the employer of the obligor in public and private retirement funds; (2) mandate reporting to credit bureaus of overdue support equaling one month's child support payment; and (3) enact laws that provide for criminal penalties for non-support. Amends the Federal criminal code to make it illegal for individuals who owe child support arrearages to leave the State in which such arrearages are owed in order to avoid payment. Amends SSA title IV part D to require States to: (1) permit the enforcement of any child support order until at least the child's 30th birthday; (2) enact procedures to assess and collect interest on all child support judgments; and (3) provide for health care insurance for the child. Amends the Federal bankruptcy code to: (1) allow parentage and child support case establishment, modification, and enforcement to proceed without interruption after the filing of a bankruptcy petition; (2) treat the debt owed to child support creditors as debt outside chapter 11, 12, or 13 plans, except as specified; and (3) provide that a claim for payment of a debt for child support may be asserted by the filing in court of a claim form that describes the debt. Sets forth requirements applicable to parentage establishment with respect to child support obligations of military personnel. Requires that each State adopt verbatim the officially approved version of the Uniform Interstate Family Support Act. Title V: Collection and Distribution - Amends SSA title IV part D to set priorities for State distribution of child support collections. Authorizes the Comptroller General to analyze the existing child support distribution system and authorize, under certain circumstances, pilot projects for the distribution of arrearages in a specified manner. Amends the Internal Revenue Code to revise the Federal income tax refund offset mechanism. Amends SSA title IV part D to require States to enact laws limiting any claims they may have against a noncustodial parent for reimbursement of the child's portion of AFDC assistance to the amount specified as child support under a court or administrative order. Allows States to assess charges above the application fee for non-AFDC child support services against persons other than the custodial parent. Requires States to provide either one central, statewide collection, accounting, and disbursement point for child support cases, or several local or regional collection and disbursement points throughout the State for all cases. Title VI: Federal Role - Amends SSA title IV part D to: (1) designate the separate organizational unit charged under current law with various child support and parentage responsibilities as the Office of Child Support Enforcement (OCSE); and (2) change OCSE's organizational structure. Requires HHS to provide: (1) training assistance to the States; and (2) conduct staffing studies of each State's child support enforcement program. Requires the Comptroller General to study and report to the Congress on the incentive formula operating with respect to State child support agencies. Defines "child support" to include periodic and lump sum payments for current and past-due economic support, payments of premiums for health insurance for children, payments for or provisions of child care, and payments for educational services. Requires the HHS Secretary to: (1) contract for a study of and report to the Congress on the audit process of OCSE to improve the criteria and methodology for auditing State child support enforcement agencies; and (2) provide for demonstration projects to determine the feasibility and utility of a child support assurance program. Amends the Internal Revenue Code to establish in the Treasury a Children's Trust Fund (Fund) funded by voluntary contributions of taxpayers as indicated on their Federal tax returns. Requires that Fund amounts be dedicated to programs regarding child support and parentage establishment. Title VII: State Role - Amends SSA title IV part D to require that States not deny establishment, enforcement, or modification services to applicants because of nonresidency. Makes it the mission of every State administrative agency to promote the greatest economic security possible for children, within the obligor's ability to pay. Requires such agencies to provide all custodial parents with certain information. Expresses the sense of the Congress that State and local child support enforcement agencies should provide: (1) offices in easily accessible locations near public transportation; (2) office hours that allow parents to meet with attorneys and caseworkers without taking time off from work; and (3) office environments conductive to discussion of legal and personal matters in privacy. Requires States to develop preocedures under which a change in child support payee does not require a court hearing or order to take effect and may be done administratively, as long as a statement by an official is included in the court or administrative file documenting the change. Title VIII: Effective Date - Sets forth the effective date of this Act.
Bill· SJRESS.J.Res. 343 (102nd)referred
United States · United States Congress · 1 October 1992
Designates October 24, 1992, through November 1, 1992, as National Red Ribbon Week for a Drug Free America.
Bill· HRH.R. 6076 (102nd)referred
United States · United States Congress · 1 October 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Amends the Internal Revenue Code to fund the public program of long-term care insurance under new SSA title XXI through an increase in the amount of estimated income tax a corporation pays per quarter and a surtax on millionaires. Requires the Internal Revenue Service (IRS) to increase IRS personnel involved in auditing foreign-owned domestic corporations. Authorizes appropriations. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Amends the Public Health Act to set forth provisions similar to those above providing for the establishment of standards for long-term care insurance policies. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
Bill· HRH.R. 6081 (102nd)referred
United States · United States Congress · 1 October 1992
Women's Violence-Related Injury Reduction Act - Amends the Public Health Service Act to authorize grants for demonstration projects to identify victims of domestic violence or sexual assault and refer them to entities providing related services. Allows use of the grants to train health care providers to engage in such activities. Mandates related education of health care providers and the public, epidemiological research, and cooperation with States regarding establishing a national system for the collection of data on domestic violence and sexual assault. Authorizes appropriations.
Bill· HRH.R. 6091 (102nd)referred
United States · United States Congress · 1 October 1992
Interstate Child Support Enforcement Act - Title I: Locate and Case Tracking - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to allow the Federal Parent Locator System (FPLS) to be used for the purposes of parentage establishment, child support establishment, modification, and enforcement, and child visitation enforcement provided that safeguards are in place to prevent release of information when it may jeopardize the safety of the children or either parent. Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary of Health and Human Services (HHS) with access to the quarterly estimated Federal income tax returns filed by individuals with the Internal Revenue Service (IRS). Requires States to have in place procedures under which the State agency responsible for child support enforcement shall: (1) have access to data base information regarding residential addresses, employers and employer addresses, income and assets, and medical insurance benefits of absent parents; and (2) maintain child support order registries. Expresses the sense of the Congress that the HHS Secretary should investigate accessing certain Federal data banks not already linked to FPLS. Requires the HHS Secretary to expand FPLS to provide a national network to State agencies and courts for locate and case tracking. Requires that private attorneys and pro se obligees be allowed access to State locate resources and other public enforcement techniques for the limited purpose of establishing, modifying, and enforcing child support and other orders. Requires the Secretary of the Treasury to: (1) establish a system for reporting new employees and information on their W-4 forms to the appropriate State employment security agency; and (2) modify the W-4 form completed by new employees to include child support and health insurance information. Amends the Internal Revenue Code to require employers to withhold from employee wages amounts owed for child support. Amends SSA title IV part D to establish procedures for verification of child support information by the State and for the imposition of monetary penalties on: (1) employees who fail to report to their employers amounts owed for child support; and (2) employers who fail to withhold such amounts and properly disburse them. Requires States to: (1) notify the employer in cases where the employee has not correctly reported information regarding his or her child support obligations on the W-4 form; (2) broadcast over FPLS to other States information based on the W-4 form that has been sent to the State employment security agency; and (3) notify an individual owed child support when there is a match between W-4 related information and information on file relating to support orders. Requires the heads of the National Criminal Information Center, the National Law Enforcement Telecommunications Network, and any other national or regional systems for tracking individuals to allow access to information to Federal, State and local child support agencies. Requires States to broadcast on their local and State crime information systems failure-to-appear warrants, capiases, and bench warrants issued by courts in civil and criminal parentage and chid support proceedings. Provides that if a defendant posts security after being arrested, the State shall remit any subsequent forfeiture to the individual owed the child support to the extent of any child support arrearage. Title II: Establishment - Amends SSA title IV part D to require States to pass long-arm statutes which provide for jurisdiction over a non-resident in an action to establish, enforce, or modify a child support order, or determine parentage if certain conditions are met. Requires States to promulgate procedures under which they shall treat out-of-State service of process in child support and parentage actions in the same manner as in-State service of process. Expresses the sense of the Congress that the courts of a State may, consistent with due process, exercise personal jurisdiction over a nonresident who is the parent or presumed parent of a resident child in order to establish, enforce, or modify a child support order or determine parentage. Requires States to recognize and enforce parentage and child support orders of other States where jurisdiction was properly asserted Specifies the conditions under which a State court has personal jurisdiction over a nonresident contestant. Requires State courts to maintain continuing, exclusive jurisdiction over a child support order for as long as the State remains the child's State or the residence of any contestant, unless another State court has modified such order. Specifies the conditions under which a State court may modify a parentage or child support order made by another State court. Provides that a court in a State shall not exercise jurisdiction in a parentage or child support proceeding during the pendency of a proceeding in a court of another Stte which has jurisdiction, except under certain circumstances. Requires State courts to apply the law of the forum State in a proceeding to adjudicate parentage or to establish a child support order except: (1) when they interpret an order issued by a court of another State; or (2) in permitting an action to collect child support arrearages, when the statute of limitations of the forum State would preclude the action but the statute of limitations of the issuing State would permit the action. Sets forth provisions regarding service of process on Federal employees and members of the armed forces relating to child support, alimony, and parentage obligations. Requires that parents' identification and locate information be filed with the State court adjudicating parentage and child support actions. Requires safeguards on such information where there is a court order for the physical protection of the child or one parent entered against the other parent. Requires State child support agencies to timely notify any individual owed child support of all hearings in which such support might be established, modified, or enforced, and promptly provided copies of any such orders. Requires States to allow parties seeking both parentage adjudication and child support establishment in a judicial proceeding to bring a joint action in a single cause of action. Sets forth guidelines for uniform State procedures regarding jurisdiction, venue, and Federal employee residential status. Amends the Consumer Credit Protection Act to allow State child support agencies to use credit reporting agencies for the purposes of obtaining information relevant to the setting of an initial or modified child support award, without the necessity of obtaining a court order. Creates a National Child Support Guidelines Commission to: (1) study and report to the President and the Congress on the desirability of national child support guidelines; and (2) if such guidelines are advisable, develop them for congressional consideration. Amends SSA title IV part D to specify certain principles to be included in State child support guidelines. Requires States to provide for a continuing support obligation by one or both parents until a child reaches age 18 or graduates from or is no longer enrolled in secondary school or its equivalent, whichever is later. Provides that a support order shall also cease when a child marries or is otherwise emancipated by a court. Requires States to give their courts with child support jurisdiction discretionary power to order: (1) child support payable at least up to age 22 for a child who is a student in good standing in an accredited post-secondary or vocational school or college; and (2) either or both parents to pay for post-secondary school support based on each parent's financial ability to pay. Requires States to provide for the continuation of child support beyond the child's age of majority provided the child is disabled, unable to be self-supportive, and the disability arose during the child's minority. Requires the Office of Child Support Enforcement (designated under title VI of this Act) to draft and distribute a national subpoena duces tecum for local and State child support agencies to use to reach income information pertaining to all private, Federal, State, and local government employees. Requires States to establish procedures with respect to out-of-State orders, decrees, or judgments related to parentage or child support, and other evidentiary documents. Requires HHS to develop a uniform abstract of a child support order for use by all State courts. Requires States to: (1) list on marriage licenses the applicants' social security numbers; and (2) use procedures that require individuals who have been issued subpoenas to produce and deliver documents to or to appear at a court or administrative agency on a certain date. Title III: Parentage - Amends SSA title IV part D to require States to provide for hospital-based paternity establishment and the establishment of paternity outreach programs. Provides for 90 percent Federal matching for State paternity outreach programs. Requires States to adopt various specified procedures for establishment of parentage. Title IV: Enforcement - Amends several anti-assignment provisions under SSA title IV part D to make it possible for child support to be withheld from certain governmental sources, including veterans' disability, military disability, railroad workers' disability and retirement, long shore and harbor workers' benefits, black lung benefits, and Federal health benefits. Requires States to mandate that any individual or entity engaged in commerce, as a condition of doing business in that State, honor income withholding notices or others issued by a court of any other State. Requires the HHS Secretary to develop a uniform withholding notice to be used in all income withholding cases. Requires State procedures setting the priority for applying proceeds withheld from income in the following manner: (1) payments on current support obligations; (2) payments of premiums for health insurance for dependent children; and (3) payments on past-due child support obligations and unreimbursed health-care expenses. Allows worker's compensation income to be subject to income withholding. Amends the Consumer Credit Protection Act with respect to State laws and garnishments for the purpose of securing child support. Requires that Federal debts receive a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. Requires States to: (1) provide that the election of remedies prohibition does not apply in child support cases; and (2) establish procedures for refusing issuance or renewal of the professional, occupational, or business licenses of noncustodial parents who are the subjects of outstanding failure-to-appear warrants, capiases, and bench warrants related to child support. Requires the Federal Government to withhold issuance or renewal of the professional, occupational, or business license of a delinquent child support obligor until the pro se obligee, the obligee's attorney, or State prosecutor involved in the case against the obligor consents to renewal, a court responsible for the enforcement of the child support order orders the release of the hold on the license, or an expedited inquiry and review is completed while the obligor is granted a temporary license. Requires States to develop procedures under which motor vehicle departments may not issue or renew, or may suspend, driver's licenses or vehicle registrations of noncustodial parents who are the subject of outstanding failure to appear warrants, capiases, or bench warrants related to a child support proceeding. Requires States to provide for the use of temporary licenses or registrations by the subjects of such warrants pending a specified show cause hearing or the removal of such warrants, whichever occurs firsts. Requires States to: (1) establish procedures for placing liens on vehicle titles for child support arrearages; (2) authorize post-judgment seizure of bank accounts in child support cases without the need to obtain a separate court attachment order; (3) establish procedures under which liens can be imposed against lottery or gambler's winnings, insurance settlements or policy payouts, awards, judgments or settlements resulting from lawsuits, and property seized or forfeited to the State if the beneficiary owes past-due child support; and (4) establish procedures that provide for badges of fraud creating a prima facie case that an obligor transferred income or property to avoid paying a child support creditor. Expresses the sense of the Congress that the Commissioner of Internal Revenue should instruct Internal Revenue Service field officers and agents to give a high priority to requests for the use of full collection in child support arrearage cases. Requires the Secretary of Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collection. Requires States to develop procedures which allow the posting of a cash bond, security deposit, or personal undertaking with the State child enforcement agency in order to provide for timely child support payments. Makes it possible for individuals who are owed past-due child support, and do not receive assistance under SSA title IV part A (Aid to Families with Dependent Children) (AFDC), to use Federal and State tax refund procedures to collect past-due child support, regardless of the child's age. Requires States to: (1) establish procedures under which a child support obligor may attach lump sum funds invested by the obligor or the employer of the obligor in public and private retirement funds; (2) mandate reporting to credit bureaus of overdue support equaling one month's child support payment; and (3) enact laws that provide for criminal penalties for non-support. Amends the Federal criminal code to make it illegal for individuals who owe child support arrearages to leave the State in which such arrearages are owed in order to avoid payment. Amends SSA title IV part D to require States to: (1) permit the enforcement of any child support order until at least the child's 30th birthday; (2) enact procedures to assess and collect interest on all child support judgments; and (3) provide for health care insurance for the child. Amends the Federal bankruptcy code to: (1) allow parentage and child support case establishment, modification, and enforcement to proceed without interruption after the filing of a bankruptcy petition; (2) treat the debt owed to child support creditors as debt outside chapter 11, 12, or 13 plans, except as specified; and (3) provide that a claim for payment of a debt for child support may be asserted by the filing in court of a claim form that describes the debt. Sets forth requirements applicable to parentage establishment with respect to child support obligations of military personnel. Requires that each State adopt verbatim the officially approved version of the Uniform Interstate Family Support Act. Title V: Collection and Distribution - Amends SSA title IV part D to set priorities for State distribution of child support collections. Authorizes the Comptroller General to analyze the existing child support distribution system and authorize, under certain circumstances, pilot projects for the distribution of arrearages in a specified manner. Amends the Internal Revenue Code to revise the Federal income tax refund offset mechanism. Amends SSA title IV part D to require States to enact laws limiting any claims they may have against a noncustodial parent for reimbursement of the child's portion of AFDC assistance to the amount specified as child support under a court or administrative order. Allows States to assess charges above the application fee for non-AFDC child support services against persons other than the custodial parent. Requires States to provide either one central, statewide collection, accounting, and disbursement point for child support cases, or several local or regional collection and disbursement points throughout the State for all cases. Title VI: Federal Role - Amends SSA title IV part D to: (1) designate the separate organizational unit charged under current law with various child support and parentage responsibilities as the Office of Child Support Enforcement (OCSE); and (2) change OCSE's organizational structure. Requires HHS to provide: (1) training assistance to the States; and (2) conduct staffing studies of each State's child support enforcement program. Requires the Comptroller General to study and report to the Congress on the incentive formula operating with respect to State child support agencies. Defines "child support" to include periodic and lump sum payments for current and past-due economic support, payments of premiums for health insurance for children, payments for or provisions of child care, and payments for educational services. Requires the HHS Secretary to: (1) contract for a study of and report to the Congress on the audit process of OCSE to improve the criteria and methodology for auditing State child support enforcement agencies; and (2) provide for demonstration projects to determine the feasibility and utility of a child support assurance program. Amends the Internal Revenue Code to establish in the Treasury a Children's Trust Fund (Fund) funded by voluntary contributions of taxpayers as indicated on their Federal tax returns. Requires that Fund amounts be dedicated to programs regarding child support and parentage establishment. Title VII: State Role - Amends SSA title IV part D to require that States not deny establishment, enforcement, or modification services to applicants because of nonresidency. Makes it the mission of every State administrative agency to promote the greatest economic security possible for children, within the obligor's ability to pay. Requires such agencies to provide all custodial parents with certain information. Expresses the sense of the Congress that State and local child support enforcement agencies should provide: (1) offices in easily accessible locations near public transportation; (2) office hours that allow parents to meet with attorneys and caseworkers without taking time off from work; and (3) office environments conductive to discussion of legal and personal matters in privacy. Requires States to develop preocedures under which a change in child support payee does not require a court hearing or order to take effect and may be done administratively, as long as a statement by an official is included in the court or administrative file documenting the change. Title VIII: Effective Date - Sets forth the effective date of this Act.
Resolution· HRESH.Res. 589 (102nd)passed
United States · United States Congress · 1 October 1992
Sets forth the rule for the consideration of S. 3144 (armed forces health care).
Bill· HRH.R. 6070 (102nd)referred
United States · United States Congress · 30 September 1992
Directs the Secretary of Health and Human Services to: (1) establish a three-year demonstration project to determine whether special transportation services for eligible dialysis patients residing in rural areas may be cost-effectively covered under the Medicare program (title XVIII of the Social Security Act); and (2) report annually to the Congress on such project. Authorizes appropriations.
Bill· HRH.R. 6063 (102nd)referred
United States · United States Congress · 30 September 1992
Comprehensive Long-Term Care Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare part A (Hospital Insurance) coverage of extended care services to chronically dependent individuals; and (2) provide for coverage of home care services and outpatient prescription drugs under Medicare part B (Supplementary Medical Insurance). Sets forth payment provisions for outpatient prescription drugs covered under Medicare part B, which provide for application of a deductible in determining the amount of an individual's payment for such drugs. Requires the Secretary of Health and Human Services to: (1) establish a program for assuring appropriate prescribing and dispensing practices for prescription drugs covered under Medicare part B; (2) develop, and update annually, an information guide for physicians concerning the comparative average wholesale prices of at least 500 of the most commonly prescribed drugs covered under Medicare part B; and (3) report to the Congress on manufacturers' and pharmacists' prescription drug prices and on the use of prescription drugs by individuals eligible for Medicare part B benefits (Medicare-eligible individuals). Requires pharmacies to enter into an agreement with the Secretary in order to receive payment for prescription drugs dispensed to Medicare-eligible individuals. Specifies agreement terms and conditions, including those prohibiting pharmacies from charging Medicaid-eligible individuals more than the general public for prescription drugs covered under Medicare part B. Requires the Secretary to: (1) periodically audit pharmacies that have entered into such an agreement; and (2) establish a point-of-sale electronic system for use by carriers and pharmacies in the submission of information on prescription drugs dispensed to Medicare-eligible individuals. Authorizes sanctions against pharmacies that violate their agreement with the Secretary. Limits the length of prescriptions. Provides for the role of carriers, fiscal intermediaries, and other entities in the administration of the electronic claims system established above. Requires the Director of the Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for prescription drugs covered under Medicare part B. Authorizes appropriations. Requires the Secretary to develop a standard prescription drugs claims form for use under Medicare and by other third-party payors.
Law· HRH.R. 6056 (102nd)enacted
United States · United States Congress · 30 September 1992
Title I: Fiscal Year 1993 Appropriations - District of Columbia Appropriations Act, 1993 - Appropriates funds to the District of Columbia for FY 1993 for: (1) the Federal payment to the District of Columbia; (2) the Federal contribution to retirement funds; (3) expenses incurred in connection with presidential inauguration activities; and (4) the Federal contribution to establish the Trauma Care Fund. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayments of specified loans and interest; (9) repayment of the general fund deficit; (10) employees' optical and dental benefits; (11) inaugural expenses; (12) the rental and leasing of facilities for governmental purposes; (13) the Trauma Care Fund; (14) furlough adjustments; (15) within-grade salary adjustments; (16) capital outlay; (17) the Water and Sewer Enterprise Fund and water construction projects; (18) the Lottery and Charitable Games Enterprise Fund; (19) the Cable Television Enterprise Fund; and (20) the Starplex Fund. Prohibits the use of funds to implement or enforce: (1) any registration system for unmarried, cohabitating couples whether they are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis as that extended to legally married couples; or (2) the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992). Requires the District of Columbia to operate and maintain a telephone hotline for Lorton-area residents to receive information concerning escapes, fires, and riots at Lorton prison. Directs the District of Columbia Mayor to reduce appropriations and expenditures for personal and nonpersonal services by a specified amount. Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. Prohibits the use of funds for: (1) activities which permit or encourage partisan political activities; (2) the salary of any District of Columbia government employee whose name, title, grade, salary, or work and salary history are not available for inspection by specified congressional committees and the District of Columbia Council, or whose name and salary are not available for public inspection; (3) publicity or propaganda purposes; (4) abortions, except where the life of the mother would be endangered if the fetus were carried to term; (5) reprogramming, unless the reprogramming was approved according to specified procedures; or (6) the operation, after June 1, 1993, of the Cedar Knoll Facility. Requires that the annual budget for the District of Columbia government for FY 1994 be transmitted to the Congress by April 15, 1993. Requires the Mayor to develop an annual plan for capital outlay borrowings. Prohibits the Mayor from: (1) borrowing funds for capital projects without the prior approval of the District of Columbia Council; or (2) using money borrowed for capital projects for operating expenses of the District of Columbia government. Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1993, the FY 1993 revenue estimates. Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend, for one year, the District's authority to sell its general obligation bonds through negotiated sales. Prohibits the renewal or extension of any sole source contract with the District of Columbia government without opening that contract to the competitive bidding process, subject to exception. Requires any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to be applied to each account appropriating Federal funds in this Act (rather than to the aggregate total of those accounts) which is not specifically exempted from sequestration by specified Federal law. Provides for repayment to the Federal Treasury of any amounts appropriated and paid to the District of Columbia before a sequestration order is issued, applying the sequestration percentage proportionately to each account not specifically exempted from sequestration. Requires the District of Columbia to pay interest on its quarterly payments to the United States that are made more than 60 days after its receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing D.C. convicts in Federal penitentiaries. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1993 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Requires the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Authorizes the Board of Education to accept gifts to the public schools without prior approval by the Mayor. Prohibits the use of funds under this Act to issue or renew a registration certificate or identification tag for any motor vehicle if unpaid fines for traffic violations are outstanding against any registered owner (or authorized user) of the vehicle. Provides for waivers of such prohibition, subject to certain conditions. Prohibits the use of funds under this Act to impose, collect, transfer, or enforce a payment in lieu of taxes on the Water and Sewer Utility Administration that would increase payments in Maryland or Virginia under the Blue Plains Intermunicipal Agreement of 1985. Mandatory Life Imprisonment or Death Penalty for Murder in the District of Columbia - Requires the District of Columbia Board of Elections and Ethics to place the Mandatory Life Imprisonment or Death Penalty for Murder in the District of Columbia initiative on the ballot. Declares that such measure, if passed, would provide for the death penalty or life imprisonment without parole for persons convicted of first degree murder in the District of Columbia. Amends the District of Columbia Code to establish mitigating and aggravating factors to be considered by the jury before recommending the death sentence. Sets forth provisions concerning: (1) governmental notification of intent to seek the death penalty; (2) capital sentencing hearings; (3) proof of mitigating and aggravating factors; (4) findings by the jury of such factors or concerning a sentence of death; (5) precautions to assure against discrimination; (6) imposition of a death sentence; (7) death sentence appeal rights; (8) implementation of a death sentence; (9) a prohibition on the execution of pregnant women; (10) conscientious objection to participation in execution; (11) appointment of counsel for indigent capital defendants; (12) representation for the defendant after finality of judgment; (13) standards for competence of counsel; (14) claims of ineffectiveness of counsel in collateral proceedings; (15) time for collateral attack on death sentences; (16) stays of execution; and (17) finality of the appeal decision. Grants the Mayor the power to commute a death sentence to a sentence of life imprisonment without parole. Title II: Fiscal Year 1992 Supplemental District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1992 - Makes supplemental appropriations (including rescissions) to the District of Columbia for FY 1992 for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) repayment of the general fund deficit; (7) resizing; (8) the rental and leasing of facilities for governmental purposes; (9) capital outlay; (10) the Water and Sewer Enterprise Fund; and (11) the Starplex Fund. Rescinds specified FY 1992 funds earmarked for public works, the Washington Convention Center Fund, and repayment of certain loans and interest. Amends the District of Columbia Appropriations Act, 1992 to authorize the District of Columbia Board of Education to accept and use gifts to the public schools without prior approval by the Mayor. Declares that appropriations made and authority granted under this title shall be deemed available for FY 1992.
Bill· HJRESH.J.Res. 555 (102nd)referred
United States · United States Congress · 29 September 1992
Designates October 1992 as National High Blood Pressure Education Program's 20th Anniversary Month.
Bill· SS. 3280 (102nd)referred
United States · United States Congress · 28 September 1992
National Health Safety Net Infrastructure Act - Title I: Capital Financing Assistance for Safety Net Hospitals Providing Indigent Care - Amends the Social Security Act (SSA) to add a new title XXI, Capital Financing Assistance for Safety Net Hospitals. Directs the Secretary of Health and Human Services to make payments for capital financing assistance to eligible hospitals with approved applications. Sets forth general eligibility requirements for such assistance, including requirements that hospitals receive disproportionate share adjustments under Medicare (SSA title XVIII) and be owned or operated by a State or local government in order to be eligible for such assistance. Details application requirements and criteria for application approval. Imposes certain public service responsibilities on hospitals accepting capital financing assistance. Creates in the Treasury the Health Safety Net Infrastructure Trust Fund (Fund). Establishes a loan guarantee program under which the Trust Fund will provide a Federal guarantee of loan repayment to non-Federal lenders making loans to qualified hospitals for hospital replacement, modernization, and renovation projects. Sets forth eligibility criteria hospitals must meet in order to qualify for loan guarantees. Gives a preference for loan guarantees to certain projects in which State or local government entities participate. Sets forth special rules with respect to loan guarantees, including rules: (1) requiring at least 20 percent of the dollar value of loan guarantees to be allocated to eligible rural hospitals; (2) requiring at least $200 million of the annual dollar value of loan guarantees to be reserved for loans of under $50 million, if there are a sufficient number of applicants for loans of that size; and (3) allowing loan guarantees to be allocated for refinancing loans. Provides that hospitals will be charged a reasonable loan insurance premium. Sets forth procedures to be followed in the event of a loan default. Establishes an interest rate subsidy program that provides a partial Federal subsidy of debt service payment where State or local entities demonstrate a significant commitment to financing hospital replacement, modernization, and renovation projects by undertaking the issuance of bonds. Requires a hospital to receive assistance from non-Federal sources at least equal to the assistance received under such program in order to obtain an interest rate subsidy. Sets forth special rules with respect to interest rate subsidies, including rules: (1) reserving for rural hospitals at least 20 percent of the total value of all interest subsidies awarded in any given year; and (2) limiting the aggregate value of interest subsidies made to hospitals in any State in a given year. Requires the Secretary to provide direct matching loans to qualified hospitals unable otherwise to obtain essential financing. Sets forth special rules with respect to direct matching loans, including rules concerning the use of loans for refinancing. Requires the Secretary to make direct grants to qualified hospitals with urgent capital needs. Provides that direct grants shall be available to eligible hospitals for three types of projects: (1) emergency certification and licensure grants would be available to eligible hospitals that are threatened with closure or loss of accreditation or certification of a facility or of essential services as a result of life or safety code violations or similar facility or equipment failures; (2) emergency grants would be available for capital renovation, expansion, or replacement necessary to the maintenance or expansion of essential safety and health services; and (3) planning grants would be available to qualified hospitals which require pre-approval assistance to meet regulatory requirements related to management and finance in order to apply for loans, loan guarantees, and interest subsidies under this Act. Gives priority for direct grants to financially distressed hospitals. Sets forth special rules with respect to grants for capital expenditures and planning grants. Provides for adjustments to payments for capital-related costs under Medicare to take into account the extent to which capital-related costs incurred by a hospital are costs with respect to which the hospital received financial assistance under SSA title XXI. Title II: Amendment of the Tariff Act of 1930 - Amends the Tariff Act of 1930 to require unobligated amounts remaining in the Customs Forfeiture Fund to be deposited in the Health Safety Net Infrastructure Trust Fund.
Bill· SS. 3277 (102nd)referred
United States · United States Congress · 25 September 1992
State Health Care Reform Incentive Act of 1992 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to permit States to seek waivers of program requirements in order to provide health care coverage under certain regular or alternative State programs. Establishes Federal requirements for such State programs. Sets forth payment provisions.