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51 records in US in 2012
United States · United States Congress · 30 December 2012
Extends for one year the limited antitrust exemption under the Pandemic and All-Hazards Preparedness Act for participating in meetings and consultations to discuss security countermeasures, qualified countermeasures, or qualified pandemic or epidemic product development.
United States · United States Congress · 30 December 2012
Telehealth Promotion Act of 2012 - Amends title XI of the Social Security Act (SSA) and other specified federal law to declare that services provided via telecommunications systems under Medicare, Medicaid, and CHIP (SSA titles XVIII, XIX, and XXI) as well as under federal employees health, dental, and vision benefit programs, TRICARE, and the program of health care provided by the Department of Veterans Affairs (VA) shall be covered under such programs to the same extent as if furnished in the same location of the beneficiary. Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS), in order to provide a positive incentive for certain hospitals to lower their excess readmission ratios for inpatient services, to make an additional payment to a hospital in a proportion that provides for a sharing of the savings from better-than-expected performance between the hospital and the Medicare program. Authorizes the Secretary, in the case of a state that has amended its Medicaid plan to provide coordinated care through a health home for individuals with chronic conditions, to contract with the state medical assistance agency to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual's health home. Authorizes the Secretary to contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under Medicare and Medicaid with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring. Authorizes an Accountable Care Organization to include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide such coverage. Recognizes telehealth services and remote patient monitoring in the national pilot program on payment bundling. Directs the Secretary to provide for an increase in the standard prospective payment amount applicable to home health services furnished using remote patient monitoring. Amends the Patient Protection and Affordable Care Act of 2010 to include telehealth and remote patient monitoring services as part of a care transition intervention proposal under the Medicare Community-Based Care Transitions Program. Amends SSA title XIX to give states an option to provide coordinated care for enrollees with high-risk pregnancies and births. Directs the Secretary to survey states electing this option on its nature, extent, and use as it pertains to, among other things, terms of pregnancies, use of prenatal fetal monitoring, and use of Caesarean section procedures.
United States · United States Congress · 27 December 2012
Protecting Our Protectors Act of 2012 - Directs the Secretary of Homeland Security (DHS), acting through the Administrator of the Federal Emergency Management Agency (FEMA), to make grants to state and local governments to assist in preparing for and responding to mass casualty incidents resulting from natural disasters and acts of terrorism and other man-made disasters. Requires the grants to be used to: (1) strengthen medical surge capacity; (2) strengthen mass prophylaxis capabilities, including the development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; and (3) procure home medical kits that are approved pursuant to the Federal Food, Drug, Cosmetic Act or the Public Health Service Act. Requires: (1) the Administrator to issue guidance on anthrax exposure and proper administration of the anthrax vaccine, and (2) the Centers for Disease Control and Prevention (CDC) to issue an annual report on the vaccination levels of emergency service providers.
United States · United States Congress · 27 December 2012
Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual. Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage.
United States · United States Congress · 27 December 2012
Caring for an Aging America Act - Amends the Public Health Service Act to include geriatrics and gerontology within the definition of "primary health services" for purposes of the National Health Service Corps.
United States · United States Congress · 20 December 2012
Treat and Reduce Obesity Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to give Medicare beneficiaries, primary care physicians, and other appropriate service providers and suppliers distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under Medicare as an additional preventive service. Directs the Secretary to develop and implement a plan to coordinate the efforts of all HHS offices and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to allow other appropriate health care providers, instructors trained in lifestyle counseling programs such as the Diabetes Prevention Program, and programs recognized by the Centers for Disease Control and Prevention (CDC) to provide intensive behavioral therapy for obesity. Authorizes the Secretary to cover chronic weight management drugs under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) if the Secretary determines that such coverage is appropriate.
United States · United States Congress · 20 December 2012
Amends the National Organ Transplant Act to prohibit acquiring, receiving, or otherwise transferring a cord blood unit (the neonatal blood collected from the placenta and umbilical cord of a single newborn baby) for valuable consideration for use in human transplantation if the transfer affects interstate commerce.
United States · United States Congress · 19 December 2012
Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2012 or FOR VETS Act of 2012 - Authorizes the transfer of federal surplus property to a state agency for distribution through donation within the state for purposes of education or public health for organizations whose membership comprises substantially veterans and whose representatives are recognized by the Secretary of Veterans Affairs (VA) in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
United States · United States Congress · 19 December 2012
Equitable Access to Care and Health Act or the EACH Act - Amends the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Defines "medical health care" to mean voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage that: (1) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities; and (2) excludes treatment not administered or supervised by a medical doctor, physical examinations or treatment required by law or third parties, and vaccinations.
United States · United States Congress · 19 December 2012
Spending Reduction Act of 2012 - Title I: Agriculture - Amends the American Recovery and Reinvestment Act of 2009 to terminate the increase in the value of supplemental nutrition assistance program (SNAP, formerly the food stamp program) benefits for Puerto Rico and American Samoa on March 1, 2013. Amends the Food and Nutrition Act of 2008 to limit categorical SNAP eligibility to households receiving specified other program benefits in cash. Eliminates the requirement that a state agency using a standard utility allowance provide such allowance to a household that receives assistance under the Low Income Home Energy Assistance Act of 1981 or other energy assistance program if such household incurs out-of-pocket heating or cooling expenses exceeding such assistance. Eliminates: (1) administrative cost sharing to states for certain employment and training programs, (2) state bonus programs for effective SNAP administration, and (3) indexing for the nutrition education and obesity prevention grant program. Reduces FY2013 funding for employment and training programs. Authorizes FY2013 appropriations to carry out the Food and Nutrition Act of 2008. States that this title and the amendments made by this title shall take effect on enactment of this Act, and shall apply only with respect to certification periods that begin on or after such date. Title II: Committee on Energy and Commerce - Amends the Patient Protection and Affordable Care Act (PPACA) to repeal provisions: (1) appropriating funds to the Secretary of Health and Human Services (HHS) to award grants to states for activities (including planning activities) related to establishing an American Health Benefit Exchange (a state health insurance exchange), (2) establishing and appropriating funds to the Prevention and Public Health Fund (a Fund to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public sector health care costs), and (3) appropriating funds for the establishment and operation of the Consumer Operated and Oriented Plan (CO-OP) program (designed to foster the creation of qualified nonprofit health insurance issuers to offer qualified health plans in the individual and small group markets). Rescinds any unobligated balance appropriated under such provisions. Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) extend the reduction of the threshold level of permissible state taxes on health care providers before federal funding to the state for Medicaid is reduced; (2) reduce the state disproportionate share hospital (DSH) allotment for FY2022; and (3) repeal provisions prohibiting states from reducing eligibility levels for Medicaid. Amends title XXI (State Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of SSA to repeal provisions prohibiting states from reducing eligibility levels for CHIP. Repeals provisions that increased Medicaid payments to territories though FY2019. Decreases the federal medical assistance percentage (FMAP) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Repeals provisions providing bonus payments to states for enrollment and retention programs for children covered under Medicaid and CHIP. Title III: Financial Services - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to repeal authority for: (1) judicial procedures for the orderly liquidation of certain financial companies, and (2) the Orderly Liquidation Fund. HAMP Termination Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 to prohibit the Secretary of the Treasury (Secretary) from providing assistance under the Home Affordable Modification Program (HAMP) under the Making Home Affordable initiative. Exempts from this prohibition assistance provided on behalf of homeowners to whom an offer to participate in HAMP was provided before enactment of this Act. Prohibits certain unobligated funds from being made available under HAMP. Restricts the use of such funds solely to federal budget deficit reduction. Directs the Secretary to: (1) study the extent of usage of HAMP by, and its impact upon, covered homeowners; and (2) publish on the Department of the Treasury website that HAMP has been terminated. Declares that Congress encourages banks to work with homeowners to: (1) provide loan modifications to those that are eligible, and (2) assist with foreclosure prevention programs and information on loan modifications. Amends the Consumer Financial Protection Act of 2010 to repeal the requirement for an annual transfer of funds from the Board of Governors of the Federal Reserve System to the Consumer Financial Protection Bureau (CFPB). Repeals: (1) the Consumer Financial Protection Fund, (2) the Victims Relief Fund, and (3) the authorization of appropriations and requirement for an annual report. Authorizes appropriations for FY2013-FY2014. Amends Dodd-Frank to eliminate the Office of Financial Research. Title IV: Committee on the Judiciary - Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2012 - Sets conditions for lawsuits arising from health care liability claims and actions concerning the provision of health care goods or services or any medical product affecting interstate commerce. Establishes a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first, unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence in the the injured person of a foreign body that has no therapeutic or diagnostic purpose or effect. Limits noneconomic damages to $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury. Provides that each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party's percentage of responsibility, and not for the share of any other person. Requires the court to supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. Limits contingent fees. Permits punitive damages to be awarded against any person in a health care lawsuit only if: (1) it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant or that such person deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer; and (2) a judgment for compensatory damages has been rendered against that person. Sets forth factors that may be considered in determining the amount of punitive damages, which shall be limited to the greater of $250,000 or two times the amount of economic damages awarded. Prohibits the award of punitive damages against a manufacturer or distributor of, a supplier of any component or raw material of, or a health care provider that prescribes or dispenses, a medical product that complies with FDA standards. Requires the court, at the request of any party in the lawsuit, to enter a judgment ordering that future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws, if an award of future damages equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund such a payment. Title V: Committee on Oversight and Government Reform - Increases federal employee contributions under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) by 5% of salary over 5 years, beginning in calendar year 2013. Increases retirement contributions for: (1) Members of Congress in CSRS and FERS and for congressional employees in CSRS by 8.5% (by 7.5% for congressional employees in FERS) of salary over 5 years, beginning in calendar year 2013; and (2) Members of Congress and certain federal employees who begin federal service after December 31, 2012, and who have less than 5 years of creditable service for retirement purposes (revised annuity employees). Requires any excess contributions made by an employee of the U.S. Postal Service (USPS) or the Postal Regulatory Commission (PRC) to be deposited to the credit of the Postal Service Fund, rather than the Civil Service Retirement and Disability Fund. Modifies rules for determining government contributions to CSRS and FERS made after December 31, 2012, and requires any excess contributions to FERS to be used for reducing the unfunded liability of CSRS. Eliminates the annuity supplement for FERS employees hired after December 31, 2012, except for certain law enforcement officers, firefighters, nuclear material couriers, border protection officers, and air traffic controllers. Allows federal employees (including employees of USPS and PRC) and Members of Congress in CSRS or FERS to deposit any payment they receive for accumulated and accrued annual or vacation leave into their Thrift Savings Fund accounts. Requires the Executive Director of the Federal Retirement Thrift Investment Board to promulgate regulations for such deposits. Title VI: Committee on Ways and Means - Amends the Internal Revenue Code to repeal the limitation on the recapture of advance payment amounts of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit for certain low-income taxpayers. Requires taxpayers who are claiming the refundable portion of the child tax credit to include their social security numbers on their tax returns. Repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act, effective October 1, 2012. Sequester Replacement Act of 2012 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to remove veterans' medical care from the accounts subject to a sequester. Abolishes the distinction between security and nonsecurity categories of discretionary spending for new budget authority in FY2013. Combines the dollar amounts of the current categories ($686 billion for the security category and $361 billion for the nonsecurity category) into a single amount of $1.047 trillion in new budget authority. Revises sequestration requirements for FY2013 to require a $19.104 billion across-the-board decrease in the discretionary spending category as of January 2, 2013. Directs the Office of Management and Budget (OMB) to issue a supplemental sequestration report for FY2013 to eliminate any discretionary spending breach of the $1.047 trillion spending limit, as adjusted by the $19.104 billion across-the-board reduction requirement of this Act. Directs the President to order a sequestration, if any, as required by such report. Amends the Congressional Budget Act of 1974 to authorize the chair of the Committee on the Budget of the House of Representatives or the Senate to make adjustments to any legislative measure to conform to the discretionary spending limits of this Act. Nullifies any sequestration order the President may issue under the Gramm-Rudman-Hollings Act to carry out reductions to direct spending for the FY2013 defense function (050).
United States · United States Congress · 19 December 2012
Averting the Fiscal Cliff Act - Title I: Job Protection and Recession Prevention Act - Subtitle A: Job Protection and Recession Prevention Act - Job Protection and Recession Prevention Act of 2012 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce tax rates on capital gain and dividend income. Extends through 2013 the estate, gift, and generation-skipping transfer provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Amends the Internal Revenue Code to extend through 2013: (1) the increased expensing allowance for depreciable business assets, and (2) the increased alternative minimum tax (AMT) exemption amount for individual taxpayers. Subtitle B: Pathway to Job Creation Through a Simpler, Fairer Tax Code Act - Pathway to Job Creation through a Simpler, Fairer Tax Code Act of 2012 - States that the purpose of this Subtitle is to provide for the enactment of comprehensive tax reform in 2013. Defines a "tax reform bill" as a bill of the 113th Congress that is introduced in the House of Representatives by the chair of the Committee on Ways and Means not later than April 30, 2013 (or the first legislative day thereafter if the House is not in session on that day), the title of which is "a bill to provide for comprehensive tax reform." Requires the chair of the Joint Committee on Taxation to notify the House and Senate upon determining that such an introduced bill contains proposals to: (1) consolidate the 6 current individual income tax brackets into a maximum of 2 brackets (of 10% and not higher than 25%), (2) reduce the corporate income tax rate to not more than 25%, (3) repeal the alternative minimum tax (AMT), (4) broaden the tax base to maintain revenue between 18% and 19% of the economy, and (5) change from a worldwide to a territorial system of taxation. Provides for expedited consideration of such bill in the House of Representatives and the Senate. Title II: Sequestration Replacement Act - Subtitle A: Agriculture - Agricultural Reconciliation Act of 2012 - Amends the American Recovery and Reinvestment Act of 2009 to terminate the increase in the value of supplemental nutrition assistance program (SNAP, formerly the food stamp program) benefits for Puerto Rico and American Samoa on the date of enactment of the Averting the Fiscal Cliff Act. Amends the Food and Nutrition Act of 2008 to limit categorical SNAP eligibility to households receiving specified other program benefits in cash. Eliminates the requirement that a state agency using a standard utility allowance provide such allowance to a household that receives assistance under the Low Income Home Energy Assistance Act of 1981 or other energy assistance program if such household incurs out-of-pocket heating or cooling expenses exceeding such assistance. Eliminates: (1) administrative cost sharing to states for certain employment and training programs, (2) state bonus programs for effective SNAP administration, and (3) indexing for the nutrition education and obesity prevention grant program. Reduces FY2013 funding for employment and training programs. Authorizes FY2013 appropriations to carry out the Food and Nutrition Act of 2008. States that this title and the amendments made by this title shall take effect on enactment of this Act, and shall apply only with respect to certification periods that begin on or after such date. Subtitle B: Committee on Energy and Commerce - Amends the Patient Protection and Affordable Care Act (PPACA) to repeal provisions: (1) appropriating funds to the Secretary of Health and Human Services (HHS) to award grants to states for activities (including planning activities) related to establishing an American Health Benefit Exchange (a state health insurance exchange), (2) establishing and appropriating funds to the Prevention and Public Health Fund (a Fund to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public sector health care costs), and (3) appropriating funds for the establishment and operation of the Consumer Operated and Oriented Plan (CO-OP) program (designed to foster the creation of qualified nonprofit health insurance issuers to offer qualified health plans in the individual and small group markets). Rescinds any unobligated balance appropriated under such provisions. Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) extend the reduction of the threshold level of permissible state taxes on health care providers before federal funding to the state for Medicaid is reduced; (2) reduce the state disproportionate share hospital (DSH) allotment for FY2022; and (3) repeal provisions prohibiting states from reducing eligibility levels for Medicaid. Amends SSA title XXI (Children's Health Insurance Program) (CHIP) to repeal provisions prohibiting states from reducing eligibility levels for CHIP. Repeals provisions that increased Medicaid payments to territories though FY2019. Decreases the federal medical assistance percentage (FMAP) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Repeals provisions providing bonus payments to states for enrollment and retention programs for children covered under Medicaid and CHIP. Subtitle C: Financial Services -- Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to repeal Title II (Orderly Liquidation Authority), including the Orderly Liquidation Fund, and to restore any federal law amended by it as if title II of Dodd-Frank had not been enacted. HAMP Termination Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to terminate the authority of the Secretary of the Treasury to provide new mortgage modification assistance under the Home Affordable Modification Program (HAMP), except with respect to existing obligations on behalf of homeowners already extended an offer to participate in the program. Declares unavailable after the enactment of this Act for obligation or expenditure under HAMP any amounts made available for HAMP under EESA title I that: (1) have been allocated for use but not yet obligated, and (2) are not necessary for providing HAMP assistance on behalf of those homeowners already extended an offer to participate in HAMP. Directs the Secretary to study: (1) the extent to which HAMP is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, or Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations; and (2) the impact of the program on them. Amends the Consumer Financial Protection Act of 2010 to repeal the obligation of the Board of Governors of the Federal Reserve System (Federal Reserve Board) to transfer quarterly to the Consumer Financial Protection Bureau (CFPB) the amount of funds determined by the CFPB Director to be reasonably necessary to carry out CFPB authorities. Repeals the Consumer Financial Protection Fund and the Consumer Financial Civil Penalty Fund. Repeals the exclusion of CFPB funds from construction as government funds or appropriated monies. Subjects the CFPB funds to the annual congressional authorization and appropriation process. Amends Dodd-Frank to repeal the Office of Financial Research. Subtitle D: Committee on the Judiciary - Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2012 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer, and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards. Subtitle E: Committee on Oversight and Government Reform - Increases federal employee contributions under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) by 5% of salary over 5 years, beginning in calendar year 2013. Increases retirement contributions for: (1) Members of Congress in CSRS and FERS and for congressional employees in CSRS by 8.5% (by 7.5% for congressional employees in FERS) of salary over 5 years, beginning in calendar year 2013; and (2) Members of Congress and certain federal employees who begin federal service after December 31, 2012, and who have less than 5 years of creditable service for retirement purposes (revised annuity employees). Requires any excess contributions made by an employee of the U.S. Postal Service (USPS) or the Postal Regulatory Commission (PRC) to be deposited to the credit of the Postal Service Fund, rather than the Civil Service Retirement and Disability Fund. Modifies rules for determining government contributions to CSRS and FERS made after December 31, 2012, and requires any excess contributions to FERS to be used for reducing the unfunded liability of CSRS. Eliminates the annuity supplement for FERS employees hired after December 31, 2012, except for certain law enforcement officers, firefighters, nuclear material couriers, border protection officers, and air traffic controllers. Allows federal employees (including employees of USPS and PRC) and Members of Congress in CSRS or FERS to deposit any payment they receive for accumulated and accrued annual or vacation leave into their Thrift Savings Fund accounts. Subtitle F: Committee on Ways and Means - Amends the Internal Revenue Code to: (1) repeal the limitation on the recapture of advance payment amounts of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit for certain low-income taxpayers, and (2) require taxpayers who are claiming the refundable portion of the child tax credit to include their social security numbers on their tax returns. Repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act. Subtitle G: Sequester Replacement - Sequester Replacement Act of 2012 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to remove veterans' medical care from the accounts subject to a sequester. Abolishes the distinction between security and nonsecurity categories of discretionary spending for new budget authority in FY2013. Combines the dollar amounts of the current categories ($686 billion for the security category and $361 billion for the nonsecurity category) into a single amount of $1.047 trillion in new budget authority. Revises sequestration requirements for FY2013 to require a $19.104 billion across-the-board decrease in the discretionary spending category as of January 2, 2013. Directs the Office of Management and Budget (OMB) to issue a supplemental sequestration report for FY2013 to eliminate any discretionary spending breach of the $1.047 trillion spending limit, as adjusted by the $19.104 billion across-the-board reduction requirement of this Act. Directs the President to order a sequestration, if any, as required by such report. Amends the Congressional Budget Act of 1974 to authorize the chair of the Committee on the Budget of the House of Representatives or the Senate to make adjustments to any legislative measure to conform to the discretionary spending limits of this Act. Nullifies any sequestration order the President may issue under the Gramm-Rudman-Hollings Act to carry out reductions to direct spending for the FY2013 defense function (050).
United States · United States Congress · 18 December 2012
Tim Fagan's Law or Counterfeit Drug Enforcement Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to establish a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated, misbranded, or misrepresented as an approved prescription drug and sells or trades the drug; or (2) purchases or trades for such drug knowing or having reason to know that the drug was knowingly adulterated, misbranded, or misrepresented. Requires a manufacturer of a drug to notify the Secretary of Health and Human Services (HHS) within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred. Deems a drug to be misbranded if it is not manufactured in accordance with the use of technologies that the Secretary determines are technically feasible and will assist in preventing such violations. Requires the Secretary to establish alternative requirements to the extent that such requirements provide greater certainty on the chain of custody and are technically feasible. Increases funding for Food and Drug Administration (FDA) inspections, examinations, and investigations. Requires the Secretary to educate the public and health care professionals on counterfeit drugs. Directs the Secretary: (1) upon a finding that a drug intended for human use may constitute a threat to the public health to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to cease distribution of the drug and to notify and instruct health professionals to cease administering, distributing, selling, or prescribing the drug; and (2) amend the order to include a recall if necessary.
United States · United States Congress · 17 December 2012
Senior Navigation and Planning Act of 2012 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to provide for Medicare and Medicaid coverage of advanced illness care coordination services. Amends the Public Health Services Act to direct the Secretary of Health and Human Services (HHS), directly or through grants, to conduct a national public education campaign to: (1) raise public awareness of the importance of planning for care through the life cycle and as illness progress; (2) explain the need for readily available legal documents and medical orders that express an individual's wishes through advance directives and other planning tools; and (3) educate the public about the availability of advanced illness care, palliative care, and hospice care. Directs the Secretary to provide for multiple, innovative communications resources, including a toll-free information line, that the public and health care professionals may access to find out state-specific information regarding advance directives and end-of-life decisions. Includes advanced care planning materials in the "Medicare and You Handbook." Directs the Secretary to establish the Senior Navigation Advisory Board. Requires that a service provider, Medicare+Choice organization, or prepaid or eligible organization maintain written policies and procedures with respect to all adult individuals receiving medical care by or through them to provide each individual with the opportunity to discuss issues relating to the information provided to that individual on the individual's rights with an appropriately trained professional. Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive or order validy executed outside the state in which such directive is presented (portability). Imposes similar requirements for facilities. Directs the Secretary to study the extent to which the assessment of individuals by hospitals, skilled nursing facililties, hospice programs, home health agencies, and applicable providers of advanced illlness care coordination services accurately reflects the actual diagnosis and care plan, including care coordination, of the individual at the time of discharge. Provides incentive payments to hospitals for accreditation and certification in hospice and palliative care. Directs the Secretary to conduct a pilot program under Medicare to test the use of the Centers for Medicare and Medicaid Services discharge checklist. Directs the Secretary to establish and maintain a website that provides information, online training, and instructional materials for entities on advance care planning. Authorizes the Secretary to award grants to entities to develop and provide services for terminally ill individuals who are receiving hospice care in their own homes. Directs the Secretary to study state and regional activities with respect to storing advance directives and Physician Orders for Life-Sustaining Treatment, and the Comptroller General (GAO) to study the provisions of this Act and their asociated quality and costs (such as individual and family experience, individual understanding of treatment choices, and any decrease in avoidable hospital admissions).
United States · United States Congress · 17 December 2012
Pandemic and All-Hazards Preparedness Act Reauthorization of 2012 - Amends the Public Health Service Act (PHSA) to require the Secretary of Health and Human Services (HHS) to submit the National Health Security Strategy to Congress in 2014. Gives the Assistant Secretary for Preparedness lead responsibility within HHS for emergency preparedness and response policy and coordination. Requires the Secretary to establish the National Advisory Committee on Children and Disasters. Reauthorizes appropriations for public health preparedness activities, including: (1) the National Disaster Medical System, (2) the public health emergency readiness of the Department of Veterans Affairs (VA) medical centers, (3) state and local public health security, (4) the influenza vaccine tracking and distribution program, (5) the Emergency System for Advance Registration of Health Professions Volunteers (ESAR-VHP), (6) the Medical Reserve Corps, (7) surge capacity and community and hospital preparedness, (7) public health alert communications and surveillance and public health situational awareness capability, (8) the Special Reserve Fund, (8) the Biomedical Advanced Research and Development Authority (BARDA), and (9) the Strategic National Stockpile. Amends the Federal Food, Drug, and Cosmetic Act to give the Secretary additional powers during a public health emergency related to: (1) the use of unapproved medical products or the unapproved use of an approved product, (2) the extension of the expiration date of eligible medical countermeasures, (3) deviations from good manufacturing practice requirements, (4) waiver of prescription requirements, and (5) waiver of requirements for a risk evaluation and mitigation strategy. Requires the Secretary to establish a formal process for obtaining scientific feedback and interactions regarding the development and regulatory review of eligible countermeasures through written regulatory management plans. Sets forth requirements regarding pediatric studies for medical countermeasures. Extends the Freedom of Information Act (FOIA) exemption for specific technical data or scientific information that is created or obtained during countermeasure and product advanced research and development carried out under PHSA that reveals significant and not otherwise known vulnerabilities of existing medical or public health defenses against biological, chemical, nuclear, or radiological threats. Extends the antitrust exemption to permit meetings and consultations to discuss the development of security countermeasures, qualified countermeasures, or qualified pandemic or epidemic products.
United States · United States Congress · 13 December 2012
Healthy Communities through Helping to Offer Incentives and Choices to Everyone in Society Act - Expands coverage of obesity treatment under titles XVIII (Medicare), including part D (Voluntary Prescription Drug Benefit Program), and XIX (Medicaid) of the Social Security Act. Sets forth requirements to expand training of health professionals and the community on treating and preventing obesity. Requires activities to encourage physical activity, including the development of assessment tools on barriers in communities to physical activity, planning and implementing model communities of play that increase physical activity, the development of state and national strategies to encourage Americans to be physically active outdoors, and dissemination of best practices to encourage physical activity outdoors. Sets forth requirements to address physical education in schools, including to: (1) issue guidelines for physical education in elementary and secondary schools; (2) revise the definition of “core academic subject” to include physical education; (3) issue physical activity guidelines for preschool children and recommend that each Head Start agency implement such guidelines; (4) promote healthy, active lifestyles by students within specified educational grant programs; and (5) revise the professional development program for teachers and principals to include training for physical and health education teachers and training on improving students' health habits and participation in physical activities. Amends the Internal Revenue Code to exclude from the gross income of employees: (1) the value of any on-premises employer-provided athletic facility; and (2) fees, dues, or membership expenses paid to an athletic or fitness facility by an employer for its employees. Allows employers a tax deduction for fees, dues, or membership expenses paid to an athletic or fitness facility. Allows a medical care tax deduction for qualified sports and fitness expenses. Revives a grant program for the administration of national or regional programs to provide instructional activities on a variety of sports for low-income youth. Expands activities to educate consumers about nutrition, physical activity, and healthy lifestyles and to improve eating and physical habits. Requires the Secretary of Agriculture (USDA) to award grants to expand, establish, or maintain urban community gardens. Authorizes the Secretary of Transportation (DOT) to make grants to assist local planning decisions and policies that increase the access of individuals to physical activity. Establishes a program to award grants for costs related to allowing the use of a school’s facilities and equipment by people other than the school’s students or staff. Authorizes the collection and analysis of data on fitness, activity levels and nutrition.
United States · United States Congress · 11 December 2012
Save and Strengthen Medicare Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new Medicare part E (Unified Medicare with Choice and Competition) which prohibits benefit coverage for an individual under either Medicare part A (Hospital Insurance) or Medicare part B (Supplementary Medical Insurance) unless the individual (with certain exceptions) is both entitled (or enrolled) for benefits under Medicare part A and enrolled under Medicare part B. Entitles an individual who is enrolled under Medicare part B, but is not entitled to hospital insurance benefits under Medicare part A, to benefits under Medicare part B only if the individual enrolls under Medicare part A. Directs the Medicare Choices Commission (MC Commission), established by this Act, to devise a process for enrollment in a prescription drug plan (PDP), meeting certain beneficiary premium criteria, under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) by Medicare part A and/or part B enrollees who have not enrolled under part D. Requires states to elect one of several specified maintenance of effort options, including: (1) contribution towards an individual's health investment retirement account (HIRA), established under this Act; (2) enrollment of dual eligibles under Medicare and SSA title XIX (Medicaid) in a comprehensive Medicaid managed care plan; and (3) payment to the Secretary of Health and Human Services (HHS) for payment to an HIRA. Amends SSA title II to define "preferred Medicare age" as: (1) 65 for anyone who attains age 65 before January 1, 2016; (2) 65 plus a number of months specified for the preferred age phase-in factor for anyone who attains age 65 between December 31, 2016, and January 1, 2026; and (3) 67 increased by a specified life expectancy increase factor for anyone who attains age 65 during a 10-year period beginning January 1, 2026. Amends SSA title II to define "Medicare eligibility age" as 65, the preferred Medicare age, or any age between 65 and the preferred Medicare age. States that, unless an individual elects otherwise, the Medicare eligibility age shall be the preferred Medicare age. Creates under the Unified Medicare with Choice and Competition program a new benefit structure consisting of a unified Medicare part A and part B deductible (for 2016, $550), uniform coinsurance, and an out-of-pocket limit on the cost-sharing of each enrollee for a calendar year (including three specified tiers of cost-sharing coverage). Includes under the Unified Medicare with Choice and Competition program revised subsidies, which include a reduced government contribution for high-income seniors. Establishes the MC Commission as an independent U.S. agency to: (1) coordinate determination of Medicare beneficiary eligibility and enrollment with the Administrator of Social Security; (2) oversee and administer competitive bidding; (3) oversee and administer Medicare part C (Medicare+Choice or MedicareAdvantage [MA]) and part D; (4) disseminate to Medicare enrollees information with respect to benefits and limitations on payment under Medicare fee-for-service and MA plans; and (5) establish a Medicare enrollee education program to provide timely, readable, accurate, and understandable information to Medicare enrollees regarding Medicare fee-for-service and MA plan options. States that the MC Commission shall not be responsible for the operation of Medicare fee-for-service, but shall have oversight authority over Medicare fee-for-service in a similar manner to that provided with respect to MA plans. Requires MA plans to offer prescription drug coverage. Requires the Secretary to deposit a per capita Medicare preventive benefit amount in the HIRA of a Medicare fee-for-service enrollee. Establishes within the Federal Hospital Insurance Trust Fund a Part A Medicare FFS account and a Part B Medicare FFS account for the receipts and disbursements attributable to the operation of Medicare fee-for-service, as modified by part E. Establishes in the Treasury the Health Individual Retirement Account Fund (HIRA Fund), to consist of HIRA contributions deducted and withheld from the income of every individual ($2,500 per taxable year, or $5,000 for a married couple filing a joint income tax return), which the Commissioner of Social Security (Commissioner) shall credit to each account holder's HIRA for disbursement for qualified medical expenses. Excludes such deducted contributions from an individual's taxable income. Directs the Commissioner to establish a HIRA for each individual who: (1) receives wages or derives self-employment income in any calendar year after December 31, 2015, or (2) is a Medicare enrollee. Amends the Internal Revenue Code to exempt the HIRA Fund from taxation and exclude from an individual's gross income any amount paid or distributed out of a HIRA which is used exclusively to pay qualified medical expenses (except abortion or euthanasia) of the account beneficiary. Makes HIRA contributions eligible for a saver's tax credit, a portion of which shall be refundable. Excludes from an individual's gross income any subsidy payment to the individual's HIRA by the Secretary under Medicare part E. Makes health savings accounts available to individuals eligible for Medicare. Reduces the hospital insurance payroll tax by 50% for an individual age 65, and eliminates it for an individual age 67 (or the preferred Medicare age). Imposes a 15% excise tax on the provider of employer-sponsored Medicare supplemental coverage in the case of any employee who becomes a Medicare enrollee after December 31, 2015. Sets forth requirements with respect to: (1) public outreach and education initiatives, (2) annual Medicare beneficiary contributions and benefits statements, (3) repeal of the Independent Payment Advisory Board and Medicare payment productivity adjustments after 2020, (4) the graduate medical education (GME) grant program and trust fund, (5) a zero single conversion factor for the 2013 physician payment update (in effect, a one-year freeze); (6) MSA (high-deductible MA) plans and (regular) MA plans, and (7) conscience protections relating to abortion and assisted suicide.
United States · United States Congress · 5 December 2012
Quality Improvement Organization Program Restoration Act - Amends the Trade Adjustment Assistance Extension Act of 2011 to repeal its revisions to requirements for contracts with Medicare Quality Improvement Organizations (QIOs). Amends title XI of the Social Security Act to specify expenditures or funding for: (1) 3-year QIO contracts for contract periods beginning on or after August 1, 2014, and ending on or before July 31, 2021, but with a certain reduction in aggregate funds payable after October 1, 2014; and (2) contracts with utilization and quality control peer review organizations for any contract period beginning on or after August 1, 2014.
United States · United States Congress · 5 December 2012
Supporting Access to Formulated and Effective Compounded Drugs Act of 2012 or S.A.F.E. Compounded Drugs Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounded drugs. Eliminates authority for compounding pharmacies to compound any drug product that is a copy of a commercially available drug. Establishes notification requirements before a patient is prescribed, dispensed, or administered a compounded drug, which must include providing the patient a document concerning the availability, safety, and production of such drugs. Requires a drug product compounded under the FFDCA to be clearly labeled as a “non-FDA approved compounded drug product.” Authorizes the Secretary of Health and Human Services (HHS) to establish different labeling requirements for compounded drugs. Requires the Secretary to establish a process for pharmacies to register as compounding pharmacies. Exempts pharmacies that employ fewer than 20 full-time employees and perform traditional compounding of drug products for use in a single state. Requires the Secretary to: (1) establish a database of information on compounding pharmacies licensed in more than one state for oversight purposes, (2) establish minimum standards for the safe production of compounded drugs as well as for which drugs must meet those standards, and (3) conduct regional training for state agencies that regulate compounding pharmacies. Directs the Secretary to establish advisory committees on labeling of compounded drugs and on the database under this Act. Requires the Secretary to convene an Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drugs.
United States · United States Congress · 5 December 2012
TRICARE Protection Act - Directs the Secretary of Defense to report to the congressional defense committees setting forth Department of Defense (DOD) policy on the future availability of TRICARE Prime (a DOD managed health care program) for eligible beneficiaries in all TRICARE regions. Directs the Secretary to: (1) identify beneficiaries whom the Secretary determines will not retain primary care provider access under newly awarded TRICARE contracts, and (2) implement a plan to ensure that such beneficiaries will retain access that meets TRICARE access standards.
United States · United States Congress · 3 December 2012
Health Care Innovation and Marketplace Technologies Act of 2012 - Amends the Internal Revenue Code to allow a medical care provider to deduct from gross income the amount paid or incurred for qualified health information technology placed in service during the taxable year. Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the National Coordinator for Health Information Technology, to award grants for the development of an effective product, process, or structure that enhances the use, particularly by patients, of health information technology. Requires the Secretary, acting through the National Coordinator, to award prizes for development in areas of health information technology that are not adequately addressed by certified electronic health records (EHR) technologies and the use of such technologies. Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Wireless Health Technology. Requires the Health Information Technology Research Center to provide support for mobile health software application technology. Authorizes the National Coordinator to award grants for training health care workers in health information technology.
United States · United States Congress · 30 November 2012
Commemorates the 200th anniversary of the founding of the Sisters of Charity of Nazareth on December 1, 1812. Commends the dedicated service of the Sisters who provided nursing care during the Civil War, World War I, and epidemics of yellow fever, cholera, and smallpox in the South. Recognizes the service of the Sisters in providing health care through the establishment of hospitals. Lauds the role that the Sisters continue to play in providing education, health care, and nursing home care in response to the needs of economically and socially disadvantaged individuals, families, and communities.
United States · United States Congress · 29 November 2012
Superfund Emergency Response Act of 2012 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to carry out any assessment, monitoring, remediation, repair, or construction activity determined to be necessary at a site that: (1) is proposed to be listed on, is listed on, or has been deleted from the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); and (2) is located in an area that the President has declared a major disaster in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Amends CERCLA to authorize a state governor or senator to request that the Administrator carry out an assessment and report on the impacts of a major disaster on any proposed or listed NPL site located in a major disaster area. Requires the assessment to include: (1) an evaluation of whether the disaster resulted in the release of any contaminants into the ambient environment that threaten public health and the environment; (2) an assessment of any actions necessary to mitigate a toxic release, repair any damage, or provide monitoring in response to disaster damage; (3) a list of actions already taken by Administrator to prevent, mitigate, or remediate any disaster damage at the site; and (4) any information needed to alert the public to any threat to public health and the environment relating to the release of contaminants at the site. Directs the Administrator to study and report on: (1) an assessment of the vulnerability of each property that, due to an extreme weather event, is proposed to be listed, is listed, or is removed from the NPL; (2) an evaluation of the quantity of properties proposed or listed on the NPL in areas that are prone to flooding as a result of such an event; and (3) recommendations relating to emergency response protocols in such an event to prevent any release of contaminants into the ambient environment, strategies to improve the resiliency of assessments, monitoring, or construction carried out on NPL proprieties as such events become more common, and additional policies necessary to enhance the resiliency of NPL properties as a result of such events. Defines an "extreme weather event" as severe and unseasonable weather, heavy precipitation, a hurricane, a storm surge, a tornado or other windstorm, extreme heat and cold, or any other event that qualifies as a major disaster.
United States · United States Congress · 29 November 2012
Designates the week of November 26 through November 30, 2012, as National Nurse-Managed Health Clinic Week and expresses support for its goals and ideals. Encourages the expansion of such clinics so that they may continue to serve as health care workforce development sites for the next generation of primary care providers.
United States · United States Congress · 29 November 2012
Patient Access to Drugs in Shortage Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to use of average sales price payment methodology for drugs and biologicals, to prescribe a formula for determining the payment amount, using the volume-weighted wholesale acquisition cost, for a multiple source or a single source sterile injectable drug product with three or fewer active manufacturers, if there is no period of exclusivity in effect or available. Incorporates such payment methodology under the hospital outpatient department prospective payment system for any such drug furnished between July 1, 2013, and January 1, 2020. Amends SSA title XIX (Medicaid) to exempt from the rebate agreement requirement a multiple source drug furnished between July 1, 2013, and January 1, 2020, and for which payment may be made under Medicare part B (Supplementary Medicare Insurance). Amends the Public Health Service Act to exclude such multiple source drugs from the term "covered outpatient drug" subject to specified price limitations under the "340B" drug pricing program. Directs the Secretary to contract with an independent entity to study the effects of this Act on patient access to sterile products. Amends the Patient Protection and Affordable Care Act to exclude certain branded prescription drugs on a specified drug shortage list from the annual fee imposed on branded prescription pharmaceutical manufacturers and importers.
United States · United States House of Representatives · 28 November 2012
United States · United States Congress · 28 November 2012
Stop Harming Our Kids Resolution - Expresses the sense of Congress that sexual orientation and gender identity or expression change efforts directed at minors are discredited and ineffective, have no legitimate therapeutic purpose, and are dangerous and harmful. Encourages states to protect minors from efforts that promote or promise to change sexual orientation or gender identity or expression, based on the premise that homosexuality or transgender identity is a mental illness or developmental disorder that can or should be cured. Defines "sexual orientation and gender identity or expression change efforts" as any practice by a licensed mental health provider, health care provider, or counselor seeking or purporting to impose change of an individual's sexual orientation or gender identity or expression, including efforts to change such behavioral expression or eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. Excludes culturally competent, affirmative therapy providing: (1) acceptance, support, and understanding of an individual's sexual orientation, gender identity, or gender expression and the facilitation of an individual's coping, social support, and identity exploration and development, including interventions to prevent or address unlawful conduct or unsafe sexual practices; or (2) acceptance, support, or understanding of an individual's gender expression or the facilitation of an individual's coping, social support, and identity exploration and development.
United States · United States Congress · 27 November 2012
Family Asthma Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to collaborate with state and local health departments to: (1) conduct activities regarding asthma, including deterring the harmful consequences of uncontrolled asthma, and disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma; and (2) develop state plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. Revises and expands requirements for asthma surveillance activities. Requires the Director to coordinate data collection activities to maximize the comparability of results. Requires the Secretary to submit an assessment of current activities related to asthma prevention, management and surveillance along with recommendations for the future direction of asthma activities.
United States · United States Congress · 27 November 2012
Family Asthma Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to collaborate with state and local health departments to: (1) conduct activities regarding asthma, including deterring the harmful consequences of uncontrolled asthma, and disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma; and (2) develop state plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. Revises and expands requirements for asthma surveillance activities. Requires the Director to coordinate data collection activities to maximize the comparability of results. Requires the Secretary to submit an assessment of current activities related to asthma prevention, management and surveillance along with recommendations for the future direction of asthma activities.
United States · United States Congress · 26 November 2012
Expresses support for: (1) the goals and ideals of American Diabetes Month, including encouraging people to fight diabetes through public awareness about prevention and treatment options, and increasing education about the disease; and (2) decreasing the prevalence of type 1, type 2, and gestational diabetes in the United States through increased research, treatment, and prevention. Recognizes the importance of early detection, awareness of the symptoms, and the risk factors that often lead to the development of diabetes.
United States · United States Congress · 16 November 2012
Electronic Health Records Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to exempt certain eligible physicians in solo practice and physicians near early retirement age from the application of the Medicare payment adjustment for not demonstrating electronic health record (EHR) meaningful use for certain payment years. Establishes a special rebate for eligible professionals who receive a negative adjustment to their payments for failure to establish an EHR process but subsequently do establish a process meeting the criteria for establishing meaningful use of certified EHR technology. Creates specified additional exceptions to the application of the Medicare negative payment adjustment for certain Medicaid providers participating in the Medicaid EHR incentive program and hospital-based eligible professionals not demonstrating EHR meaningful use. Requires treatment of an eligible professional as a meaningful EHR user if the professional demonstrates to the satisfaction of the Secretary of Health and Human Services (HHS) use of a certified national specialty registry system in a meaningful manner. Extends: (1) Medicare EHR incentives (increased payments and adjustments) to eligible professionals practicing in rural health clinics, and (2) Medicare Electronic Prescribing (ERx) and quality reporting incentives to rural health clinics. Disqualifies patient encounters of an eligible professional occurring at an ambulatory surgical center during certain performance years from treatment as a patient encounter in determining whether an eligible professional qualifies as a meaningful EHR user. Exempts certain eligible professionals from certain EHR meaningful use requirements for purposes of the Medicare payment adjustment. Creates a process for eligible professionals to appeal a determination that they did not qualify as a meaningful EHR user. Amends SSA titles XVIII and XIX (Medicaid) to make certain requirements of the Electronic Health Records Act inapplicable to eligible professional Medicare incentives for certain Medicare Advantage organizations and professionals employed by them or furnishing services in them.
United States · United States Congress · 16 November 2012
Equitable Access to Care and Health Act or the EACH Act - Amends the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Defines "medical health care" to mean voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage that: (1) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities; and (2) excludes treatment not administered or supervised by a medical doctor, physical examinations or treatment required by law or third parties, and vaccinations.
United States · United States Congress · 14 November 2012
Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.
United States · United States Congress · 6 November 2012
Amends the Patient Protection and Affordable Care Act to extend to U.S. territories a program requiring the Secretary of Health and Human Services (HHS) to establish a temporary high risk health insurance pool program to provide health insurance coverage to eligible individuals with a preexisting condition.
United States · United States Congress · 2 November 2012
Verifying Authority and Legality In Drug Compounding Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounding drugs. Eliminates authority for compounding pharmacies to: (1) compound drugs before the receipt of a valid prescription order, or (2) compound any drug product that is a copy of a commercially available drug. Requires the Secretary of Health and Human Services (HHS) to develop, maintain and transmit to the appropriate state agencies a list of drug products that should not be compounded, including: (1) drug products whose compounding is reasonably likely to cause an adverse effect on their safety or effectiveness; and (2) drug products that have been withdrawn or removed from the market because they have been found to be unsafe or not effective. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if compounding the drug product is necessary to address a drug shortage, or to protect public health or well-being. Prohibits the Secretary from authorizing a state to grant such waivers. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if the pharmacy or pharmacist: (1) submits a satisfactory application to the Secretary; and (2) agrees to comply with any condition or limitation specified by the Secretary. Makes a pharmacy or pharmacist required to be registered under the FFDCA as a drug producer ineligible for a waiver. Permits the Secretary to authorize a state to grant such waivers applicable to compounded drug products sold or dispensed within the state pursuant to a memorandum of understanding between the Secretary and the state. Authorizes the Secretary to waive the prohibition against compounding any drug product that is a copy of a commercially available drug if it is necessary to protect public health or well-being. Prohibits the Secretary from authorizing a state to waive such prohibition. Subjects the facilities of any pharmacy receiving a waiver under this Act to inspection to determine compliance with this Act. Requires the Secretary to publish notice at least 30 days before cancelling a waiver, unless it is necessary to prevent an adverse impact on public health or safety. Sets forth a required label statement for any drug compounded pursuant to this Act. Requires a pharmacist or physician compounding a drug product to report any adverse event associated with the use of the product within a specified time frame.
United States · United States Congress · 26 October 2012
Veterans Dental and Vision Benefits Act of 2012 - Provides that, if the Secretary of Veterans Affairs determines that a veteran who is enrolled in the Department of Veterans Affairs (VA) health care system and obtaining supplemental dental or vision coverage under the Federal Employees Health Benefits Program (FEHBP) is unable to pay the FEHBP premiums for such coverage because of financial hardship, such veteran shall not be responsible for such premiums. Directs the Secretary to: (1) provide outreach to inform eligible veterans of the availability of such coverage, and (2) report every three years over a nine-year period to Congress on the implementation of providing such coverage to such veterans.
United States · United States Congress · 16 October 2012
Medicare Audit Improvement Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a process under which the number of additional documentation requests made by a Medicare contractor pursuant to a complex prepayment or postpayment audit with respect to a hospital's Medicare part A (Hospital Insurance) claims in a year may not exceed, across all such contractors with respect to the hospital's claims, the lesser of: (1) 2% of all such claims for such year, or (2) 500 additional documentation requests during any 45-day period. Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare Integrity Program and use of recovery audit contractors. Requires the Secretary to ensure that recovery audit contracts include certain mandatory terms and conditions pertaining to: (1) penalties for certain compliance failures, (2) penalties for overturned appeals, (3) postpayment and prepayment audits, and (4) guidelines for prepayment review. Directs the Secretary to publish on the Internet website of the Centers for Medicare & Medicaid Services information on recovery audit contractor performance regarding: (1) audit rates, denials, and appeals outcomes; and (2) independent performance evaluations. Prohibits the Secretary, in conducting the Medicare Part A and Part B Rebilling Demonstration, from prohibiting any appeal by a hospital of any finding by a recovery audit contractor that an inpatient admission was not reasonably and medically necessary. Deems to be an original claim for Medicare part B (Supplementary Medical Insurance) payment a resubmitted hospital claim for Medicare part A payment for inpatient hospital services which a recovery audit contractor determines: (1) were not medically necessary and reasonable based on the site of service, but (2) would be medically necessary and reasonable in an outpatient setting of the hospital. Requires payment to be made for such a resubmitted claim for all furnished items and services for which payment may be made under Medicare part B. Deems to be a reopened claim, for purposes of a hospital's ability to resubmit a claim for Medicare payment in timely fashion, any claim that is the subject of an audit by a recovery audit contractor or a Medicare administrative contractor. Requires contracts for a recovery audit contractor to require that a physician review each denial of a claim for medical necessity made by an employee of the contractor who is not a physician.
United States · United States Congress · 25 September 2012
Resident Physician Shortage Reduction Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs. Directs the Secretary of Health and Human Services (HHS), for each of FY2013-FY2017 (and each succeeding fiscal year if additional residency positions are available to distribute), to increase the otherwise applicable resident limit for each qualifying hospital. Directs the Secretary to determine the total number of additional residency positions available for distribution, in accordance with guidelines for allocating 33% to hospitals already operating over the resident limit, and generally setting the aggregate number of increases in the resident limit to 3,000 in each year. Specifies the process for distributing positions. Directs the National Health Care Workforce Commission established under the Patient Protection and Affordable Care Act to study the physician workforce. Directs the Comptroller General to study strategies for increasing the diversity of the health profession workforce.
United States · United States Congress · 22 September 2012
Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level. Defines a "vital drug" as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available. Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period. Gives the Attorney General authority to enforce penalties under this Act. Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution. Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive. Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period.
United States · United States Congress · 22 September 2012
Expresses support for: (1) the goals and ideals of National Infant Mortality Awareness Month 2012; (2) efforts to educate Americans about infant mortality and the factors that contribute to infant mortality; and (3) efforts to reduce infant deaths, low birth weight, pre-term births, and disparities in perinatal outcomes. Recognizes the critical importance of including efforts to reduce infant mortality and the factors that contribute to infant mortality as part of prevention and wellness strategies.
United States · United States Congress · 22 September 2012
Expresses support for the goals and ideals of Red Ribbon Week, 2012. Encourages: (1) children and teenagers to live drug-free lives, and (2) people of the United States to promote drug-free communities and to participate in drug prevention activities.
United States · United States Congress · 21 September 2012
Women Veterans and Other Health Care Improvements Act of 2012 - Directs the Secretary of Veterans Affairs (VA) to facilitate collaborative research to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was aggravated in the line of active duty, such as a spinal cord injury, that affects the veterans' ability to reproduce. Includes fertility counseling and treatment within authorized VA medical services. Directs the Secretary to furnish such counseling and treatment, including the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded veteran who has an infertility condition incurred or aggravated in the line of duty and who is enrolled in the VA health care system, as long as the spouse and veteran apply jointly for such counseling and treatment. Requires the Secretary to enhance the capabilities of the VA women veterans call center: (1) to respond to requests for assistance with accessing VA health care and benefits, and (2) for referral to community resources to obtain assistance with services not furnished by the VA. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 relating to a pilot program of group retreat reintegration and readjustment counseling for women veterans recently separated from service to: (1) increase from at least 3 to at least 14 the number of locations for such counseling, and (2) extend the pilot program for an additional 2 years. Requires a pilot program under such Act relating to the provision of child care assistance for certain veterans receiving VA health care to be extended until two years after the program is established in the third Veterans Integrated Service Network. (Under current law, such program terminates two years after its original commencement.) Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of providing child care assistance to veterans receiving or in need of VA readjustment counseling and related mental health services. Requires the program to continue until two years after it is begun at the last Readjustment Counseling Service Region chosen by the Secretary.
United States · United States Congress · 21 September 2012
Life-Threatening Diseases Compassion through Combination Therapy Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to designate a combination of drugs as a significant drug combination if such combination: (1) includes two or more drugs or biological products that, when used in combination, offer the potential to significantly advance treatment for a serious or life-threatening disease and, in combination, meet the criteria for co-development of drug combinations in Food and Drug Administration (FDA) guidance; and (2) includes at least two drugs that are not approved. Requires the Secretary to develop, publish, and revise annually a list of combinations of two or more drugs designated as significant drug combinations. Extends the market exclusivity for a drug by six months if it is designated as a significant drug combination before it is approved as a new drug. Requires the Secretary to review and take action on a drug in a significant drug combination designated under this Act within six months after receiving an application for approval of a new drug application or licensure of a biosimilar biological product. Requires the Secretary, at the request of the sponsor of a drug, to expedite development and review for designated drug combinations. Requires the Secretary to establish an interagency task force to encourage the co-development of drugs in significant drug combinations. Requires the task force to develop, revise in response to public comments, and update annually a list of types of drug combinations it recommends that the Secretary designate as significant drug combinations. Directs the Secretary to study the impact of the extension of market exclusivity under this Act.
United States · United States Congress · 21 September 2012
Medicaid Integrity Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act with respect to a state's option to use Medicaid managed care organizations and primary care case managers. Requires a state, acting through the state medical assistance agency or another state entity, in order to receive federal medical assistance percentage (FMAP) payments for expenditures under a contract with a managed care entity, to contract with an independent auditor to conduct biannual financial and performance-compliance audits of the entity. Directs the Secretary of Health and Human Services (HHS) to set uniform audit standards according to specified requirements. Requires the state to document for the Secretary its response to deficiencies reported in such audits. Requires contracts between the state and managed care entities to require the managed care entity to give the independent auditor access to all necessary information. Establishes sanctions for misrepresentation or falsification of information. Prescribes requirements a state must meet to be allowed to enter into an agreement with an actuary with respect to the state's administration of a contract with a managed care entity.
United States · United States Congress · 21 September 2012
Diabetes Prevention Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make payments from the Federal Supplementary Medical Insurance Trust Fund to qualified third-party intermediaries for diabetes prevention services furnished to prediabetic Medicare beneficiaries by eligible entities in local communities that are networked and managed by such third-party intermediaries.
United States · United States Congress · 21 September 2012
Athlete Due Process Protection Act of 2012 - Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to direct the U.S. Anti-Doping Agency to provide a document to each athlete that it investigates that includes the specific doping allegations against such athlete. Requires the Agency's annual report to include: (1) information on each athlete the Agency investigated, including a copy of such document, the athlete's status as an amateur athlete, and the athlete's nationality; (2) the location and cost of each investigation and adjudication the Agency conducted; and (3) any investigations or adjudications conducted by the Agency that another U.S. or foreign agency or organization concurrently investigated or adjudicated. Requires the Agency, before a new or revised procedural or evidentiary rule that relates to the Agency's investigation or adjudication process can take effect, to submit to specified congressional committees a report containing a copy of the rule, a concise general statement relating to it, and a list of actions that the Agency plans to take to implement it. Makes such rule effective 180 days after the Agency submits such report if Congress has not voted to override its implementation. Prohibits any athlete who participates in an event sponsored or licensed by the sport's national governing body, or otherwise subject to the jurisdiction of the U.S. Anti-Doping Agency, the World Anti-Doping Agency, or the International Association of Athletics Federation, from being fined, suspended, expelled, or otherwise penalized unless such athlete has been: (1) served with written specific charges providing dates and times of alleged conduct in question, (2) given a reasonable time to prepare his or her defense, and (3) afforded a full and fair hearing.
United States · United States Congress · 21 September 2012
Care Coordination for Older Americans Act of 2012 - Amends the Older Americans Act of 1965 to make it a duty and function of the Administration on Aging (AOA) in the Department of Health and Human Services (HHS) to provide technical assistance to, and share best practices with, states, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses. Requires AOA also to coordinate activities with other federal agencies working to improve care coordination and developing new models and best practices. Requires the designated state agency to promote the development and implementation of a state system to: (1) address the care coordination needs of older individuals with multiple chronic illnesses; and (2) work with acute care providers, area agencies on aging, service providers, and federal agencies to ensure that the system uses best practices. Requires area and state plans to provide assurances that the area agencies on aging will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses.
United States · United States Congress · 21 September 2012
Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for state reimbursement of an eligible entity for any patient navigator service provided to a Medicaid-eligible individual. Includes within the definition of "medical assistance" certain patient navigator services defined under the Public Health Service Act (PHSA) as assisting in specified ways individuals who are at risk for or who have cancer or other chronic diseases. Treats as eligible entities those identified under PHSA as public or nonprofit private health centers (including federally qualified health centers), health facilities operated by or pursuant to a contract with the Indian Health Service, hospitals, cancer centers, rural health clinics, academic health centers, or nonprofit entities that enter into a partnership or coordinate referrals with such a center, clinic, facility, or hospital to provide patient navigator services.
United States · United States Congress · 21 September 2012
Cody Miller Initiative for Safer Prescriptions Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to direct the Secretary of Health and Human Services (HHS) to promulgate regulations regarding the authorship, content, format, and dissemination requirements for patient medication information (PMI) for prescription drugs. Requires such regulations to require the PMI for such a drug: (1) to be scientifically accurate and to be based on the approved professional labeling and authoritative, peer-reviewed literature; and (2) to include plain language that is not promotional in tone or content. Requires that such language include: (1) the established name of the drug; (2) drug uses and clinical benefits; (3) general directions for proper use; (4) contraindications, common side effects, and the most serious risks of the drug; (5) measures patients may take to reduce the side effects and risks; (6) when a patient should contact his or her health care professional; (7) instructions not to share medications; (8) any key storage requirements; (9) recommendations relating to proper disposal of any unused portion of the drug; and (10) known clinically important interactions with other drugs and substances. Requires such regulations to: (1) include standards related to performing timely updates of drug information, ensuring that common information is applied consistently and simultaneously across similar drug products and for drugs within classes of medications, and developing a process to assess the quality and effectiveness of PMI in promoting patient understanding and safe and effective use; (2) require the sponsor of a new drug or biological product to submit PMI as part of the new drug or abbreviated (generic) new drug application and provide for approval or disapproval of the PMI as part of the application process; (3) require the sponsor of any drug lawfully marketed in the United States to submit PMI for the drug to the Secretary for approval or disapproval of the PMI; (4) require the PMI for a generic drug to be identical to the PMI for the listed drug, except for excluding any portion of such PMI that is protected by patent or an exclusivity period under FFDCA; and (5) provide for the development of a publicly accessible electronic repository for all PMI. Requires the Secretary to publish on the Food and Drug Administration (FDA) website a link to the Daily Med website.
United States · United States Congress · 21 September 2012
Medicare DMEPOS Market Pricing Program Act of 2012 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a market pricing program for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) as a replacement for the competitive acquisition program for DMEPOS, which is hereby terminated. Directs the Secretary to: (1) conduct annual market-priced auctions from among entities supplying market priced items and services in an eligible market area selected in the auction design, (2) establish a lead product for each of specified product categories, and (3) award a contract to any entity in an eligible market area in which an auction is conducted whose bid is below a clearing price equal to the highest cost bid that will meet capacity targets in the market area. Requires the Secretary to contract with an auction expert to assist in, and a market monitor to monitor, the design, development, and functioning of the auction. Adjusts the covered DME item update for 2012 through 2014 and each subsequent year.
United States · United States Congress · 21 September 2012
Recognizes the importance of animal-based protein as a component of the balanced diet of most individuals in the United States. Encourages the Department of Agriculture (USDA) to continue promoting the health benefits of, and consumption of, animal-based protein.