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Bill· SS. 3032 (108th)referred
United States · United States Congress · 7 December 2004
United States Court of Federal Claims Special Trial Judges Act of 2004 - Amends the Federal judicial code to establish within the U.S. Court of Federal Claims special trial judges (currently, special masters) to conduct proceedings on petitions under the National Vaccine Injury Compensation Program. Requires the Secretary of Health and Human Services' participation in such proceedings. Establishes an office of special trial judges within the U.S. Court of Federal Claims. Requires the judges of such court to appoint special trial judges, one of whom shall serve as chief special trial judge. Establishes guidelines for the conduct of proceedings on petitions. Authorizes review of special trial judge decisions by the U.S. Court of Federal Claims and further appeal by the Secretary or an aggrieved petitioner to the U.S. Court of Appeals for the Federal Circuit. Amends the Public Health Service Act to reflect the above changes to the Program. Sets forth transition provisions for: (1) persons exempted from specified civil service programs by operation of this Act; and (2) persons currently serving as special masters. Establishes a retirement annuity system for special trial judges and addresses their participation in existing retirement programs. Amends the Federal judicial code, the Organic Act of Guam, the Act of November 8, 1977, and the Revised Organic Act of the Virgin Islands to include bankruptcy, magistrate, and territorial judges in the definition of "judge" for purposes of Federal employees' life insurance benefits.
Bill· HRH.R. 5429 (108th)referred
United States · United States Congress · 6 December 2004
Safe and Effective Drug Act - Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Drug Abuse, to develop a meta-analysis and report to Congress on the scientific data regarding the safety and health risks of smoking marijuana and the clinically-proven effectiveness of smoking marijuana for medicinal purposes. Requires the Commissioner of Food and Drugs to: (1) post such report on the Internet site of the Food and Drug Administration not later than 30 days after receipt; and (2) promptly disseminate such report to principal public health agencies of all States, and to public health associations, health care professionals, and other appropriate entities that advocate or recommend the smoking of marijuana by patients for medicinal purposes.
Law· SS. 3014 (108th)enacted
United States · United States Congress · 19 November 2004
Harmful Algal Bloom and Hypoxia Amendments Act of 2004 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to remove the President's authority to disestablish the Interagency Task Force on Harmful Algal Blooms and Hypoxia. Requires the Task Force to consult with specified entities with expertise in coastal zone science and management. Directs the President to submit to Congress a report describing and evaluating the effectiveness of measures to protect the environment and public health from the impacts of harmful algal blooms. Requires the Secretary of Commerce to provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary. Directs the Task Force to submit to Congress: (1) various scientific assessments; and (2) a plan for a national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. Authorizes the Secretary to make available to the University of Miami real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA) on Virginia Key, Florida, for development by the University of a Marine Life Science Center. Authorizes the Secretary to convey to the Government of Mexico the NOAA vessel WHITING.
Bill· SS. 3013 (108th)referred
United States · United States Congress · 19 November 2004
National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award one-year grants to each approved State to establish or improve a State controlled substance monitoring program. Requires the Secretary to develop minimum standards for States to ensure security of information collected and to recommend penalties for the provision or use of information in violation of applicable laws or regulations. Requires each approved State to: (1) require dispensers to report to the State within one week of each dispensing of a controlled substance to an ultimate user or research subject; and (2) establish and maintain an electronic searchable database containing the information reported. Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services, State Medicaid programs, State health departments or the Drug Enforcement Administration. Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information under this Act; and (2) study and report to Congress on such programs, including on interoperability between programs, the feasibility of a real-time electronic controlled substance monitoring program, privacy protections, and technological alternatives to centralized data storage.
Bill· SS. 3011 (108th)referred
United States · United States Congress · 19 November 2004
Medicare Ambulance Payment Reform and Rural Equity Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to: (1) revise ambulance payment rates; and (2) provide additional payments for providers furnishing ambulance services in rural areas. Directs the Secretary of Health and Human Services to review the system for adjusting payments for rural ambulance services to determine their adequacy and appropriateness. Amends SSA title XVIII with respect to a Secretary-specified uniform coding system identifying furnished ambulance services for purposes of a fee schedule. Directs the Secretary to establish a system or systems for the coding of claims for ambulance services for which payment is made, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. Requires the code set to take into account the list of medical conditions developed in the course of the negotiated rulemaking process. (Current law authorizes the Secretary to require the claim for any ambulance services to include a code (or codes) under a uniform coding system specified by the Secretary, but does not require the establishment of such a coding system.)
Bill· HRH.R. 5403 (108th)referred
United States · United States Congress · 19 November 2004
Long Term Care Quality Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) detailed reporting of nursing expenditures; (2) development and reporting of new quality measures; and (3) linking payments to quality performance. Directs the Secretary of Health and Human Services to study current and future financing of quality nursing facility care.
Bill· HRH.R. 5393 (108th)referred
United States · United States Congress · 19 November 2004
Medicare Nursing Facility Pay-for-Performance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, through a contract with a qualified independent party (such as the National Quality Forum), to provide for identification of: (1) between ten and 15 quality measures for the performance of skilled nursing facilities under Medicare; and (2) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure. Requires the values obtained for quality measures to be appropriately risk-adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the facilities and not differences in the characteristics of their residents. Provides for: (1) adjusting payments for skilled nursing facilities based on quality performance, including an increase of two percent for facilities in the top ten percent in quality as well as a decrease of one percent for facilities below the quality threshold; (2) limiting market basket increases to facilities that voluntarily report information; and (3) using FY 2005 payment rates as a floor for subsequent updates. Establishes the Long-Term Care Financing Commission to analyse and report to Congress on the financing of long-term care.
Bill· HRH.R. 5409 (108th)referred
United States · United States Congress · 19 November 2004
Emergency Flu Response Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to immediately declare the shortage of the influenza vaccine to be a public health emergency justifying an authorization of the use of unapproved products. Requires the Secretary to: (1) consult with certain foreign countries to assess the availability of excess vaccines; (2) determine whether such vaccines meet the criteria for emergency authorization; (3) purchase, import, and distribute such vaccines; (4) award a grant to each State to develop and implement a plan to respond to the current shortage; and (5) establish a program to purchase and redistribute excess doses for administration to individuals in priority areas. Requires the head of each executive agency and the Attending Physician of the Capitol to ensure that vaccines are administered only to employees in priority groups and to provide the Secretary with any excess doses for redistribution. Allows the Secretary to purchase any approved drug to treat influenza for inclusion in the Strategic National Stockpile. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to conduct clinical trials to determine whether a diluted influenza vaccine is effective in priority groups. Establishes the National Quarantine Compensation Program to pay individuals subject to a State or Federal quarantine order an amount equal to lost wages. Prohibits an employer from discharging or discriminating against such individuals. Allows the Secretary, upon determining that measures taken under this Act have not been effective, to: (1) take additional measures necessary to protect the public health; and (2) require manufacturers or anyone in possession of the vaccine to sell their supply to the Federal Government.
Bill· HRH.R. 5400 (108th)referred
United States · United States Congress · 19 November 2004
Medicare PPO Fairness Act of 2004 - Directs the Secretary of Health and Human Services to provide written notice to each individual who is, or has been, enrolled in the Medicare PPO Demonstration Project of the following: (1) the fact that the enrollees are, and have been, eligible for coverage of services whether the services were provided by in-network or out-of-network providers; and (2) there is a procedure for reimbursement for claims for services that should be (or have been) covered but were not covered because of their provision by an out-of-network provider. Directs the Secretary to: (1) establish a procedure for reimbursement of enrollees under the Medicare PPO Demonstration Project for claims for services furnished before January 1, 2005, that should be (or have been) covered but were not covered because of their provision by an out-of-network provider; and (2) provide for an adjustment in the capitation rates for plans under the project for months in 2005 so as to reduce payment under such rates, in the aggregate, by the aggregate amount of payments the Secretary estimates will be paid under such procedure.
Bill· HRH.R. 5415 (108th)referred
United States · United States Congress · 19 November 2004
Medicare Ambulance Payment Reform and Rural Equity Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to: (1) revise ambulance payment rates; and (2) provide additional payments for providers furnishing ambulance services in rural areas. Directs the Secretary of Health and Human Services to review the system for adjusting payments for rural ambulance services to determine their adequacy and appropriateness. Amends SSA title XVIII with respect to a Secretary-specified uniform coding system identifying furnished ambulance services for purposes of a fee schedule. Directs the Secretary to establish a system or systems for the coding of claims for ambulance services for which payment is made, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. Requires the code set to take into account the list of medical conditions developed in the course of the negotiated rulemaking process. (Current law authorizes the Secretary to require the claim for any ambulance services to include a code (or codes) under a uniform coding system specified by the Secretary, but does not require the establishment of such a coding system.)
Bill· SS. 2997 (108th)referred
United States · United States Congress · 18 November 2004
Flu Vaccine Incentive Act of 2004 or FLU-VIA - Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary of Health and Human Services for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine. Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities. Expresses the sense of the Senate supporting increased funding to develop new technologies for the production of influenza vaccines.
Bill· SS. 2988 (108th)referred
United States · United States Congress · 17 November 2004
Long Term Care Quality and Consumer Information Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for payment adjustments for skilled nursing facilities based on quality data.
Bill· SS. 2983 (108th)referred
United States · United States Congress · 16 November 2004
Medicare Hospice Demonstration Act of 2004 - Directs the Secretary of Health and Human Services to establish Hospice Demonstration Projects to increase the utility of Medicare (title XVIII of the Social Security Act (SSA)) hospice services for seriously ill Medicare beneficiaries. Includes a supportive and comfort care benefit within such program. Requires the Secretary to conduct demonstration projects in between three and six sites. Sets forth the criteria for selecting such sites, including geographic diversity and accessibility. Requires special rules for adjusting payment to any Medicare+Choice (SSA title XVIII part C) organization offering a Medicare+Choice plan to reflect an enrolled member's participation in such a project. Directs the Secretary to establish a Hospice Education Grant program under which the Secretary awards education grants to entities participating in the demonstration projects for the purpose of providing information about the Medicare hospice benefit and the benefits available to Medicare beneficiaries under the demonstration projects.
Bill· SS. 2984 (108th)referred
United States · United States Congress · 16 November 2004
Palliative Care Training Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to provide Hospice and Palliative Care Academic Career Awards to individuals that: (1) are board certified or board eligible in internal medicine, family practice, or pediatrics and their subspecialties; (2) have completed an approved fellowship program or demonstrated specialized experience in palliative medicine; and (3) have a junior faculty appointment at an accredited school of medicine within an approved internship or residency program. Provides that the amount of such an Award shall be $75,000 for FY 2005 (to be adjusted for subsequent fiscal years to reflect the increase in Consumer Price Index) and the term shall not xceed five years. Requires an individual who receives an Award to provide training in hospice care and palliative medicine, which shall constitute at least 75 percent of the obligations of such individual under the terms of the Award.
Resolution· SRESS.Res. 469 (108th)referred
United States · United States Congress · 16 November 2004
Expresses support for the goals and ideas of National Time Out Day to promote the adoption of the Joint Commission on Accreditation of Healthcare Organizations' universal protocol for preventing errors in the operating room. Congratulates perioperative nurses and representatives of surgical teams for working together to reduce medical errors.
Bill· HRH.R. 5361 (108th)referred
United States · United States Congress · 16 November 2004
Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to provide public access to, use of, and recreational opportunities at the Navassa National Wildlife Refuge and Desecheo National Wildlife Refuge pursuant to special use permits issued under the Refuge Recreation Act, the National Wildlife Refuge System Administration Act of 1966, and regulations issued under this Act. Authorizes the Secretary to limit access to such refuges to specified time periods but requires access to each refuge during at least one period each year. Directs the Secretary, in issuing special use permits under this Act, to give priority to permit applications that do not negatively impact opportunities for wildlife-dependent recreation. Authorizes the Secretary to include in any permit issued under this Act conditions that the Secretary determines necessary to protect fish and wildlife populations or habitat, or public health and safety.
Bill· SS. 2976 (108th)referred
United States · United States Congress · 11 October 2004
Amends the Controlled Substances Act to eliminate the 30-patient limit for medical practitioners in group practices that may dispense specified narcotic drugs for maintenance or detoxification treatment.
Bill· SS. 2974 (108th)passed
United States · United States Congress · 10 October 2004
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.
Bill· HRH.R. 5353 (108th)referred
United States · United States Congress · 9 October 2004
Directs the Secretary of Veterans Affairs to retain property comprising the Franklin Delano Roosevelt campus of the Department of Veterans Affairs Hudson Valley Health Care System at Montrose, New York (FDR campus) as an element of that system. Sets forth certain limitations on the utilization and disposal of the FDR campus. Directs the Secretary to study: (1) the need for housing of low-income veterans who are served by the Hudson Valley Health Care System; and (2) a proposal of the Town of Cortlandt, New York to take title to certain facilities on the FDR campus.
Bill· HRH.R. 5355 (108th)referred
United States · United States Congress · 9 October 2004
Health Care Relief Act of 2004 - Amends the Internal Revenue Code to allow: (1) taxpayers, including non-itemizing taxpayers, a tax deduction from gross income for the first $2,000 of their out-of-pocket medical expenses; (2) certain small business employers a business tax credit for amounts paid for employee health insurance coverage; and (3) a refundable tax credit up to $500 for the health insurance costs of a taxpayer and the taxpayer's spouse and dependents.
Bill· SS. 2953 (108th)referred
United States · United States Congress · 8 October 2004
Coordinated Environmental Health Network Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish and operate the Coordinated Environmental Health Network (the Network), including by: (1) identifying, expanding, and coordinating among existing Federal public health and environmental infrastructure; (2) providing for public access to an electronic national database on the incidence and prevalence of specified priority chronic conditions and relevant environmental and other factors; (3) operating a National Environmental Health Rapid Response Service to develop strategies to rapidly respond to, and conduct investigations of, higher than expected incidence and prevalence rates of priority chronic conditions and environmental exposures; (4) awarding grants to States, local governments, territories, and Indian tribes to establish, maintain, and operate State Environmental Health Networks; (5) developing minimum standards and procedures for data collection and reporting for State Networks, including mechanisms for allowing States to set priorities and allocate resources accordingly; (6) establishing an Advisory Committee for the Network; (7) awarding John H. Chafee Public Health Scholarships to eligible students who are enrolled in an accredited school of public health or medicine; and (8) entering into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place applied epidemiology fellows in State and local health departments. Allows the Secretary to award grants to accredited schools or programs of public health to establish, maintain, and operate Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors, which may include investigating causal connections between chronic conditions and environmental factors.
Bill· SS. 2968 (108th)referred
United States · United States Congress · 8 October 2004
Emergency Flu Response Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to immediately declare the shortage of the influenza vaccine to be a public health emergency justifying an authorization of the use of unapproved products. Requires the Secretary to: (1) consult with certain foreign countries to assess the availability of excess vaccines; (2) determine whether such vaccines meet the criteria for emergency authorization; (3) purchase, import, and distribute such vaccines; (4) award a grant to each State to develop and implement a plan to respond to the current shortage; and (5) establish a program to purchase and redistribute excess doses for administration to individuals in priority areas. Requires the head of each executive agency and the Attending Physician of the Capitol to ensure that vaccines are administered only to employees in priority groups and to provide the Secretary with any excess doses for redistribution. Allows the Secretary to purchase any approved drug to treat influenza for inclusion in the Strategic National Stockpile. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to conduct clinical trials to determine whether a diluted influenza vaccine is effective in priority groups. Establishes the National Quarantine Compensation Program to pay individuals subject to a State or Federal quarantine order an amount equal to lost wages. Prohibits an employer from discharging or discriminating against such individuals. Allows the Secretary, upon determining that measures taken under this Act have not been effective, to: (1) take additional measures necessary to protect the public health; and (2) require manufacturers or anyone in possession of the vaccine to sell their supply to the Federal Government.
Bill· SS. 2944 (108th)referred
United States · United States Congress · 8 October 2004
Prohibits funds appropriated or otherwise obligated to the U.S. Trade Representative from being expended to negotiate data exclusivity provisions with any country with respect to public health pharmaceutical products or to require actions of another country which interfere with a country's access to such products.
Bill· SS. 2959 (108th)referred
United States · United States Congress · 8 October 2004
Influenza Preparation and Vaccination Act - Amends the Public Health Service Act to provide that a health care facility must ensure that health care workers employed by, or providing services at, their facility are vaccinated for influenza in order to be eligible to receive Federal funds. Requires the Secretary of Health and Human Services to: (1) award grants to eligible entities to conduct research and development to ensure an adequate supply of influenza vaccine; and (2) purchase from such entity any unused vaccines that were the subject of the grant. Allows the Secretary to provide loans to State and local health departments to ensure the stability of their infrastructures by assisting in providing for a continuation of health services by department personnel.
Bill· SS. 2950 (108th)referred
United States · United States Congress · 8 October 2004
Amends title XIX (Medicaid) of the Social Security Act to prohibit payments to States under the Medicaid program for redispensing prescription drugs, other than in accordance with guidance of the Secretary of Health and Human Services that: (1) specifies the circumstances under which redispensing of a prescribed drug shall be permissible; and (2) allows for a reasonable restocking fee that takes into account the costs of inspection and inventory processes for redispensing.
Resolution· SCONRESS.Con.Res. 143 (108th)referred
United States · United States Congress · 8 October 2004
Recognizes the growing number of community activists, organizations, and municipal governments leading the national effort to establish public access defibrillation (PAD) programs. Encourages the continued development and implementation of PAD programs in schools, sports arenas, NASCAR race tracks, large hotels, concert halls, public housing, high-rise buildings, gated communities, buildings subject to high-security, and similar facilities to increase the survival rate for victims of cardiac arrest.
Bill· HRH.R. 5338 (108th)referred
United States · United States Congress · 8 October 2004
Faircare Act - Amends the Public Health Service Act (PHSA) to require additional data collection and reporting for funded health programs. Authorizes the Agency for Healthcare Research and Quality to develop a set of quality measures for each of the most common treatment settings, including hospitals and outpatient settings. Requires the Agency to rank these measures according to their potential to remedy health care disparities. Requires the Agency to establish an Advisory Committee on Quality to recommend quality indicators for all quality data sets developed by the Agency. Establishes the Office of National Healthcare Disparities and Quality within the Agency to administer the development and submission of the annual National Healthcare Disparities Report and the National Healthcare Quality Report. Amends Title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish a program under which financial incentive payments are made to hospitals if they meet certain criteria regarding data collection, high quality care, and the treatment of health disparity populations. Amends the PHSA to require the Secretary to: (1) designate health centers that receive Federal assistance as Faircare Health Centers if they meet such criteria; and (2) make designated health centers eligible for annual bonuses. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants and carry out activities to expand the Racial and Ethnic Approaches to Community Health Program (REACH 2010). Sets forth provisions for allowing tax credits and awarding grants for qualified medical malpractice insurance expenditures for eligible health care providers and eligible entities.
Bill· HRH.R. 5309 (108th)referred
United States · United States Congress · 8 October 2004
Amends title XVIII (Medicare) of the Social Security Act to extend for one year the filing deadline for Medicare claims for items and services furnished between January 1, 1987, and August 10, 1993, to account for a delay in processing adjustments from secondary to primary payor status.
Bill· HRH.R. 5331 (108th)referred
United States · United States Congress · 8 October 2004
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to remove custom molded shoes with inserts or extra-depth shoes with inserts for an individual with severe diabetic foot disease from the definition of orthotics and prosthetics for purposes of a reduced Medicare payment (in effect repealing the reduction in Medicare payments for such items of durable medical equipment).
Bill· HRH.R. 5311 (108th)referred
United States · United States Congress · 8 October 2004
Clinical Laboratory Compliance Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to require each provider or clinical laboratory approved for participation under Medicare to provide clinical diagnostic laboratory tests to post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation. Prohibits such a provider or clinical laboratory from discriminating against or retaliating in any manner against any employee because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed or other requirements and prohibitions of Medicare. Provides for judicial action for any employee so aggrieved. Requires the investigative organization, upon receipt of a report of an instance of noncompliance, to: (1) provide notice to the Secretary and other investigative organizations involved of receipt of the report within three business days, using a standard format and manner of transmission developed by the Secretary for such purpose; (2) promptly determine whether to investigate the report; and (3) if appropriate, promptly investigate it. Requires that the Secretary, in measuring the performance of an investigative organization under contract, to provide for appropriate adjustments to payments for failure to carry out the responsibilities of this Act. Subjects each provider or clinical laboratory to a standard survey, including verification of compliance with requirements, conducted without prior notice. Makes liable for civil monetary penalties any individual who notifies (or causes to be notified) a provider or laboratory of the time or date on which such a survey is scheduled to be conducted.
Bill· HRH.R. 5328 (108th)open
United States · United States Congress · 8 October 2004
Preventing Sexual Assaults in the Military Act of 2004 - Authorizes necessary appropriations to: (1) eliminate the backlog in processing DNA evidence at military DNA laboratories, including the U.S. Army Criminal Investigation Laboratory; (2) ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner; (3) distribute a sufficient amount of DNA evidence kits to each military academy, domestic military base, overseas military base, and theater of operations; and (4) ensure that at least one military medical personnel member trained as a Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic Examiner (SAFE) is on duty at all times in the health care facility of each military academy, domestic military military base, overseas military base, and theater of operations, except where a memorandum of understanding ensures that a nonmilitary SANE or SAFE is on duty at all times.
Bill· HRH.R. 5350 (108th)open
United States · United States Congress · 8 October 2004
Enhancing Nutrition in Medical Education Act of 2004 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to award grants to schools of medicine to integrate innovative curricula on nutrition into medical education. Requires the Secretary to ensure that such curricula focus on preventive health measures, including : (1) education on the causes, treatment, and prevention of obesity; (2) office education and counseling to ensure an appropriate diet for mostly healthy people; (3) prevention and treatment of common nutritional deficiencies; (4) the appropriate and inappropriate use of herbs and supplements; (5) office recognition and treatment of common eating disorders; and (6) identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. Requires grantees to: (1) develop innovative curricula; (2) integrate such curricula into the medical education at the school; (3) evaluate the results achieved with the curricula; (4) establish a multidisciplinary planning committee to develop the curricula; and (5) report to the Secretary on the developed curricula and results achieved. Requires the Secretary to prepare a consolidated report on the curricula and results achieved by grantees and to disseminate such report to schools of medicine.
Bill· HRH.R. 5339 (108th)referred
United States · United States Congress · 8 October 2004
Cure and Understanding through Research for Alzheimer's Act of 2004 or La Cura Act of 2004 - Authorizes appropriations for conducting and supporting research on Alzheimer's disease at the National Institutes of Health (NIH). Requires the Director of NIH to ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by: (1) increasing efforts in epidemiological work in Hispanic subgroups; (2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in such research to increase participation of Hispanics in research and clinical trials in sufficient numbers to draw valid conclusions; and (3) conduct social, behavioral, and health services research to understand the underlying reasons why Hispanic individuals delay diagnosis and underutilize services and to identify culturally and linguistically appropriate approaches to address such delays and underutilization. Requires the Director to expand and intensify NIH efforts to educate communities about the importance of research relating to Alzheimer's disease and to respond effectively to cultural concerns about participation in such research. Amends the Public Health Service Act to authorize appropriations for a program of grants to States to carry out demonstration programs related to Alzheimer's disease. Requires the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, to conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease, particularly to Hispanic populations.
Bill· HRH.R. 5322 (108th)referred
United States · United States Congress · 8 October 2004
Managing Our Medicare and Medicaid Services and Protecting Our Parents Act - Amends the Public Health Services Act to direct the Secretary of Health and Human Services to establish a loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes. Directs the Secretary to establish a mentoring program for training nursing home administrators. Requires the Director of the Centers for Medicare & Medicaid Services to provide, in implementing the Nursing Home Quality Initiative, the degree of family involvement among the quality indicators for the evaluation of the quality of nursing homes. Amends title XIX (Medicaid) of the Social Security Act to reinstitute certain payment levels for health institutions (Boren Amendment Medicaid payment methodology) and to increase the Federal medical assistance percentage (FMAP).
Bill· HRH.R. 5324 (108th)referred
United States · United States Congress · 8 October 2004
Nurse Education, Expansion, and Development Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to award a grant to each eligible school of nursing to increase the number of nursing faculty and students at the school. Requires such schools to formulate and implement a plan to accomplish at least two of specified goals, which include: (1) establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months; (2) establishing cooperative interdisciplinary training between schools of nursing and other specified health related fields; (3) increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged; (4) increasing enrollment of minority and diverse student populations; (5) increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members; (6) developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are more severe; and (7) increasing integration of geriatric content into the core curriculum. Requires the Comptroller General of the United States to study ways to increase participation in the nurse faculty profession and to submit a report to Congress that includes: (1) a discussion of the master's degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing; and (2) an examination of compensation disparities throughout the nursing profession and between higher education instructional faculty generally and higher education instructional nursing faculty.
Bill· HRH.R. 5320 (108th)referred
United States · United States Congress · 8 October 2004
Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid plans to require staff working with developmentally disabled persons or persons with traumatic brain injury to call emergency services in the event of a life-threatening situation.
Bill· HRH.R. 5341 (108th)referred
United States · United States Congress · 8 October 2004
State High Risk Pool Funding Extension Act of 2004 - Amends the Public Health Service Act to reauthorize funds for States to create and to operate existing high risk health insurance pools. Increases the maximum allowable premium in a qualified high risk pool to 200 percent of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the State high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses. Expands the definition of "qualified high risk pool" to allow a State to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component and: (1) that provides for risk adjustment, risk spreading, or a risk spreading mechanism (among issuers or policies of an issuer) or for some financial subsidization for eligible individuals, including through assistance to participating issuers; or (2) under which each eligible individual is provided a choice of all individual health insurance coverage otherwise available. Amends the formula for appropriating funds to States to operate such pools to give one-half of the funds to eligible States equally and apportion the other half based on the number of uninsured individuals in each State and the number of enrollees in the State's qualified high risk pool. (Currently, all funds are allotted based solely on the number of uninsured individuals in the State.)
Bill· HRH.R. 5306 (108th)referred
United States · United States Congress · 8 October 2004
New War on Cancer Act - Allows the sponsor of a drug intended for use for cancer to request the Secretary of Health and Human Services to: (1) provide written recommendations for investigations which must be conducted before approval of a drug or before licensure of a biological product for use for cancer; and (2) designate such drug as a cancer drug before the submission of a request for approval or licensing. Requires the Secretary to designate such drug as a cancer drug if the drug is being or will be investigated for use for cancer. Prohibits the Secretary from approving another application or issuing another license for a designated cancer drug for a person who is not the holder of the approved application or license until the expiration of seven years, with certain exceptions. Requires the Secretary to encourage the sponsor of a designated cancer drug approved for investigational use to design protocols for the drug that include persons with the cancer involved who cannot be satisfactorily treated by alternative drugs. Extends the time during which an application for approval of drug with the same active ingredient as an approved cancer drug may not be approved. Excludes approved cancer drugs from time limits imposed on the maximum length of a patent.
Bill· HRH.R. 5335 (108th)open
United States · United States Congress · 8 October 2004
Coordinated Environmental Health Network Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish and operate the Coordinated Environmental Health Network (the Network), including by: (1) identifying, expanding, and coordinating among existing Federal public health and environmental infrastructure; (2) providing for public access to an electronic national database on the incidence and prevalence of specified priority chronic conditions and relevant environmental and other factors; (3) operating a National Environmental Health Rapid Response Service to develop strategies to rapidly respond to, and conduct investigations of, higher than expected incidence and prevalence rates of priority chronic conditions and environmental exposures; (4) awarding grants to States, local governments, territories, and Indian tribes to establish, maintain, and operate State Environmental Health Networks; (5) developing minimum standards and procedures for data collection and reporting for State Networks, including mechanisms for allowing States to set priorities and allocate resources accordingly; (6) establishing an Advisory Committee for the Network; (7) awarding John H. Chafee Public Health Scholarships to eligible students who are enrolled in an accredited school of public health or medicine; and (8) entering into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place applied epidemiology fellows in State and local health departments. Allows the Secretary to award grants to accredited schools or programs of public health to establish, maintain, and operate Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors, which may include investigating causal connections between chronic conditions and environmental factors.
Bill· SS. 2933 (108th)referred
United States · United States Congress · 7 October 2004
Fair Access to Clinical Trials Act of 2004 or the FACT Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to establish and operate a data bank of registry information on clinical trials for drugs, biological products, and devices. Requires the principal investigator or a responsible person to submit clinical trial information to the Secretary. Requires the Secretary to: (1) seek a memorandum of understanding with the heads of other Federal agencies to include in the registry clinical trials sponsored by such agencies; and (2) establish procedures to allow voluntary submission of clinical trial information not involving drugs, biological products, or devices. Allows the Secretary to: (1) require that information from such other clinical trials be submitted to the registry in cases in which it is in the interest of public health; and (2) correct any information included in the registry that is factually and substantively inaccurate, false, or misleading. Extends requirements of this Act to clinical trials conducted outside of the United States under certain circumstances. Requires the responsible person for proposals submitted to the Secretary requesting financial assistance to conduct research to submit registry information to the Secretary. Prohibits a responsible person or a manufacturer from performing any act that prohibits, limits, or imposes unreasonable delays on the ability of an individual to discuss or publish the results of a clinical trial. Requires the Secretary to enter into a contract with the Institute of Medicine to study the extent to which data submitted to the registry has impacted the public health.
Bill· SS. 2913 (108th)referred
United States · United States Congress · 7 October 2004
Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss, health professional shortages, or health services shortages, or those designated as a medically underserved community.
Bill· SS. 2932 (108th)referred
United States · United States Congress · 7 October 2004
Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments in the Nation; (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation for study in fields relating to tribal governance. Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy. Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine; and (2) faculty from a variety of disciplines to bring their expertise to the Foundation. Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (4) invite visiting policymakers to share practical experiences with the Foundation. Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation.
Bill· SS. 2922 (108th)referred
United States · United States Congress · 7 October 2004
Pulmonary Hypertension Research Act of 2004 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension and to coordinate the Director's activities with related activities of other national research institutes and National Institutes of Health agencies. Requires the Director to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research and programs on pulmonary hypertension, including: (1) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of the disease; (2) training programs for scientists and health professionals; (3) programs to provide information and continuing education to health professionals; and (4) programs for the dissemination of information to the public. Requires the Director to establish: (1) a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension; and (2) an information clearinghouse to facilitate and enhance knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public.
Bill· SS. 2939 (108th)referred
United States · United States Congress · 7 October 2004
Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) mental health care; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the President to develop a coordinating strategy for such assistance.
Bill· SS. 2924 (108th)referred
United States · United States Congress · 7 October 2004
Clinical Research Act of 2004 - Requires the Director of the National Institutes of Health to award clinical research support grants to eligible academic health centers to: (1) defray the costs of unfunded Federal requirements for the protection of human research costs; and (2) support activities leading to innovative ways to meets such requirements in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees. Allows the Director to award clinical research infrastructure grants to eligible academic health centers for: (1) necessary infrastructure to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention; (2) the initial testing of human subjects; and (3) addressing obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and a shortage of willing participants. Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships between the centers involved and health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community in such research.
Bill· SS. 2929 (108th)referred
United States · United States Congress · 7 October 2004
Amends title XVIII (Medicare) of the Social Security Act (SSA) to extend for one year the minimum filing deadline for certain Medicare claims for items and services furnished between January 1, 1987, and August 11, 1993, to account for a delay in processing adjustments from secondary to primary payor status.
Bill· SS. 2937 (108th)referred
United States · United States Congress · 7 October 2004
Services for Ending Long-Term Homelessness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, to design national strategies for providing services in supportive housing that will assist in ending chronic homelessness and to implement programs that address chronic homelessness. Requires the Secretary to make matching grants to eligible entities to provide services that promote recovery and self-sufficiency and that address barriers to housing stability to chronically homeless individuals in, or who are scheduled to become residents of, permanent supportive housing and to other individuals and families who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing. Directs the Secretary to require grantees to report data regarding the performance outcomes of projects carried out under this Act, which shall include measuring and reporting specific performance outcomes related to the long-term goals of: (1) increasing stability within the community for individuals who have been chronically homeless; and (2) decreasing recurrence of periods of homelessness.
Bill· SS. 2910 (108th)referred
United States · United States Congress · 7 October 2004
Safe Food Act of 2004 - Establishes the Food Safety Administration to administer and enforce food safety laws. Directs the Administrator of the Food Safety Administration to: (1) promulgate regulations to ensure the security of the food supply from all forms of contamination; (2) implement Federal food safety inspection, enforcement, and research efforts to protect the public health; (3) develop consistent and science-based standards for safe food; (4) coordinate and prioritize food safety research and education programs with other Federal agencies; (5) prioritize Federal food safety efforts and deployment of resources to achieve the greatest possible benefit in reducing food-borne illness; (6) coordinate the Federal response to food-borne illness outbreaks with other Federal and State agencies; and (7) integrate Federal food safety activities with State and local agencies. Transfers to the Administration all functions of specified Federal agencies that relate to the administration or enforcement of food safety laws, including (1) the Food Safety and Inspection Service of the Department of Agriculture; and (2) the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine of the Food and Drug Administration. Requires the Administrator to: (1) administer a national food safety program based on an analysis of the hazards associated with different food and the processing of different food; (2) establish standards for processors of food and food establishments; (3) establish a certification system for foreign governments or food establishments seeking to import food to the United States; (4) establish requirements for tracing food and food producing animals from point of origin to retail sale; (5) maintain an active surveillance system of food, food products, and epidemiological evidence; (6) establish a sampling system to monitor contaminants in food; (7) rank and analyze hazards in the food supply; (8) establish a national public education campaign on food safety; and (9) conduct research relating to food safety. Sets forth provisions regarding prohibited acts, administrative detention, condemnation, temporary holds, recall, penalties for violations of food safety laws, whistle blower protection, and civil actions.
Bill· SS. 2911 (108th)referred
United States · United States Congress · 7 October 2004
Medicare Competitive Acquisition Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Moderization Act of 2003, to revise requirements for the phase-in among competitive acquisition areas of Medicare programs for acquisition of competitvely priced items and services. Prescribes a phase-in schedule from FY 2005 through 2007 (currently from FY 2007 through 2009). Revises the conditions for awarding a competitive acquisition contract to require an entity to have an active National Supplier Clearinghouse identification number and comply with specified additional requirements, including all Federal and State licensure and regulatory requirements. Requires such entity also not to have been suspended within the 12 months preceding its bid for billing for items or services not furnished.
Bill· SS. 2935 (108th)referred
United States · United States Congress · 7 October 2004
TAA Health Coverage Improvement Act of 2004 - Amends the Internal Revenue Code to revise the tax credit for the health insurance costs of trade adjustment assistance (TAA) workers to, among other things: (1) increase the amount of such credit from 65 to 95 percent; (2) allow for the full amount of such credit and for full payment of TAA worker health insurance premiums for months prior to the issuance of a qualified health insurance costs credit eligibility certificate; and (3) set forth new tax credit eligibility rules for TAA workers and their family members. Requires the Director of the Office of Personnel Management to establish a program to offer TAA workers enrollment in the Federal Employees Health Benefit program (FEHBP). Amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) prevent a lapse of health care coverage for TAA workers; and (2) align coverage periods under such Acts with eligibility periods for TAA workers. Amends the Workforce Investment Act of 1998 to require a State or entity to use national emergency grant funds to provide TAA workers and their family members with health insurance coverage for periods prior to their first eligibility month. Amends the Public Health Service Act to extend: (1) through FY 2006 funding for the creation and initial operation of State high risk health insurance pools; and (2) through FY 2009 funding for allotments for the operation of existing State pools.