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51 records in 1992

Records

Record· Über- und außerplanmäßige Haushaltsausgaben12/4060open

Haushaltsführung 1992 Außerplanmäßige Ausgabe bei Kapitel 0602 - Allgemeine Bewilligungen - (apl.) Titel 684 15 - Einmalige Zuwendung an eine zentrale Organisation zur Unterstützung von Staatsangehörigen des ehemaligen Jugoslawien, die die Bundesrepublik Deutschland vorübergehend aus humanitären Gründen aufgenommen hat - (G-SIG: 12001231)

Germany · German Bundestag · 17 December 1992

Gewährung einer außerplanmäßigen Ausgabe von 25,49 Mio DM als einmalige Zuwendung an eine zentrale Organisation zur Aufnahme von Flüchtlingen aus dem ehemaligen Jugoslawien

Question· Große Anfrage12/4009open

Situation ausländischer Rentner und Senioren in der Bundesrepublik Deutschland (G-SIG: 12011178)

Germany · German Bundestag · 16 December 1992

Bevölkerungsentwicklung und Altersaufbau bis zum Jahr 2030, Ausländeranteil, Angaben zu Ausländern im Rentenalter, Quote der Rückkehrer, Entwicklung bei den Vertragsrenten, Renten unterhalb der Sozialhilfesätze, Altersarmut bei Ausländerinnen, Berücksichtigung von Ausländern im Bundesaltenplan, Betreuungsangebot für ausländische Senioren, Altenhilfe, Sprachausbildung für Altenpfleger, Berücksichtigung ausländischer Senioren im Renten- und Altenbericht der Bundesregierung

Record· Regierungserklärung12/128open

Extremismus und zunehmende Gewaltbereitschaft in Deutschland (G-SIG: 12001216)

Germany · German Bundestag · 10 December 1992

Verurteilung jeglicher Form von Fremdenhaß, Ausländerfeindlichkeit, Antisemitismus und Gewaltanwendung, Bekämpfung von Gewalt und extremistischem Terror, Hinweis auf die Demonstrationen; Bedrohung der inneren Sicherheit durch zunehmende Straftaten, vor allem von Rechtsextremisten, aber auch von Linksextremisten, Schutz der Menschenwürde und der Menschenrechte, Solidarität mit den Bürgern jüdischen Glaubens, Strafverfolgung politisch motivierter Terroristen, Unterstützung von Polizei, Justiz und Verfassungsschutz, Gewaltmonopol des Staates, Beschluß einer Sicherheitsoffensive gegen Gewalt von Bund und Ländern; Appell an Familien, Schulen, Kirchen und Medien zur Erziehung gegen Gewalt, Würdigung des Beitrags ausländischer Arbeitnehmer zum Wohlstand Deutschlands, Grundgesetzänderung zur Lösung des Asylproblems

Resolution· Entschließungsantrag BT12/3952rejected

Entschließungsantrag zur Großen Anfrage betr. Rechtsextremismus, Ausländerfeindlichkeit und zunehmende Gewaltbereitschaft in der Bundesrepublik Deutschland (G-SIG: 12001187)

Germany · German Bundestag · 9 December 1992

Verurteilung der Ermordung ausländischer Bürger, rechtsextremistischer Gewalttaten, der Anschläge auf jüdische Einrichtungen und der Gewalt gegen Minderheiten; Aufforderung an die Bundesregierung zur Bekämpfung des Rechtsextremismus, vor allem der Gewalt: angemessene Finanzierung von Jugendfreizeit- und -betreuungseinrichtungen, von Maßnahmen der politischen Bildung sowie von Schule, beruflicher Bildung und Hochschule, Koordinierung der zuständigen Behörden zur Bekämpfung von Terrorismus und Extremismus, Schutz der Demokratie und Wiederherstellung des sozialen Friedens (Aufklärungskampagnen, Sofortprogramme zur Behebung von Jugendarbeitslosigkeit, vor allem in den neuen Ländern, personelle und materielle Ausstattung der Strafverfolgungsbehörden); Appell an Bürger, Gesellschaft, Elternhaus und Schule

Resolution· Entschließungsantrag BT12/3968enacted

Entschließungsantrag zur Erklärung der Bundesregierung betr. Extremismus und zunehmende Gewaltbereitschaft in Deutschland (G-SIG: 12001189)

Germany · German Bundestag · 9 December 1992

Verurteilung des gewalttätigen Extremismus, Appell an die Bundesregierung, die Landesregierungen und alle gesellschaftlichen Kräfte zur Bekämpfung der Gewalt und deren Ursachen, Aufforderung an die Justizminister von Bund und Ländern zur Ermittlung und Anklage gegen extremistische Gewalttaten mit absolutem Vorrang, Verstärkung der Polizeikräfte sowie Verbesserung ihrer Ausrüstung zum Schutz von Ausländern, ihrer Unterkünfte sowie jüdischer Einrichtungen, ggfs. Einsatz mobiler Einheiten, verbesserte Personalausstattung der Verfassungsschutzbehörden zur Beobachtung gewaltgeneigter extremistischer Organisationen, Unterstützung von Anträgen auf die Verwirkung von Grundrechten nach Art. 18 GG sowie der Prüfung von Verboten neonazistischer Gruppierungen und gewalttätiger rechtsextremistischer Parteien

Resolution· Entschließungsantrag BT12/3836rejected

Entschließungsantrag zur dritten Beratung des Haushaltsgesetzes 1993 (G-SIG: 12001179)

Germany · German Bundestag · 25 November 1992

Aufforderung an die Bundesregierung zur Durchführung und Finanzierung folgender Sofortmaßnahmen: bundesweite Einrichtung von Notrufanlagen in Asylbewerber- und Ausländerwohnheimen, Einflußnahme auf die Innenministerkonferenz zur Gewährleistung eines sofortigen Einsatzes und effektiver Hilfe der Polizei, Anwendung der einschlägigen Strafvorschriften auch auf Abwandlungen nationalsozialistischer Kennzeichen oder des Hitlergrußes, Ausbau des polizeilichen Meldedienstes "fremdenfeindliche Straftaten", Aufklärung über die Kulturen der Herkunftsnationen durch die Bundeszentrale für politische Bildung, verbesserte Indizierung rechtsextremistischer und fremdenfeindlicher Texte, Videos und Tonträger durch die Bundesprüfstelle für jugendgefährdende Schriften

Bill· Gesetzgebung12/5683concluded

Gesetz zur Stärkung des Rechtsfriedens und zur Bekämpfung des Schlepperunwesens (G-SIG: 12020428)

Germany · German Bundestag · 11 November 1992

<strong>Bezug:</strong> Siehe auch C193 <br /> <br /> <strong>Inhalt:</strong> Erhöhung der Strafandrohung für Landfriedensbruch und Erweiterung des Straftatbestands, Strafbarkeit des Nichtentfernens aus einer Menge trotz Aufforderung, Erweiterung des Haftgrunds der Wiederholungsgefahr, Ermöglichung der Vorfeldbeobachtung rechtsextremistischer Gruppen durch Verfassungsschutzbehörden, Strafverschärfungen zur Bekämpfung des gewerbsmäßigen Schlepperunwesens, u.a. Einbeziehung in den Bereich der Vermögensstrafe und des erweiterten Verfalls sowie Einführung eines Straftatbestands gegen die mißbräuchliche Asylantragstellung; Änderung § 84 und Einfügung § 84a Asylverfahrensgesetz, Änderung der §§ 82 und 92 sowie Einfügung der §§ 92a und 92b Ausländergesetz, Änderung des § 125 Strafgesetzbuch, der §§ 100a und 112a Strafprozeßordnung sowie von Art. 1 § 2 Gesetz zu Art. 10 Grundgesetz. Es entstehen Mehrkosten durch erhöhten Aufwand der Strafverfolgungsbehörden, denen Einnahmen durch Gewinnverfall der Schlepperorganisationen gegenüberstehen. <br /> <br /> <strong>Nebenschlagwörter:</strong> Schlepperorganisation/Bekämpfung des Schlepperunwesens * Rechtsextremismus/Erweiterte Vorfeldbeobachtung * Vermögensstrafe/ Bekämpfung des Schlepperunwesens * Demonstration/Strafbarkeit des Nichtentfernens aus einer Menge * Asyl/Strafbarkeit der mißbräuchlichen Asylantragstellung * Asylverfahrensgesetz/Änderung § 84 und Einfügung § 84a AsylVfG betr. mißbräuchliche Asylantragstellung * Ausländergesetz/Änderung der §§ 82 und 92 sowie Einfügung der §§ 92a und 92b AuslG betr. Einschleusen von Ausländern

Question· Kleine Anfrage12/3697open

Ausländerfeindliche und rechtsextremistische Ausschreitungen in der Bundesrepublik Deutschland im Monat Oktober 1992 (G-SIG: 12011102)

Germany · German Bundestag · 10 November 1992

Anzahl und Art der Aktivitäten gegen in der Bundesrepublik Deutschland lebende Ausländer, aufgelistet nach Bundesländern und Straftaten, Anzahl der festgenommenen Tatverdächtigen, der Ermittlungsverfahren, der Verhängung von Untersuchungshaft, der Ermittlungseinstellungen und der Verurteilungen

Question· Kleine Anfrage12/3452open

Ausländerfeindliche und rechtsextremistische Ausschreitungen in der Bundesrepublik Deutschland im Monat August 1992 (G-SIG: 12011061)

Germany · German Bundestag · 16 October 1992

Anzahl und Art der Aktivitäten gegen in der Bundesrepublik Deutschland lebende Ausländer, aufgelistet nach Bundesländern und Straftaten, Anzahl der festgenommenen Tatverdächtigen, der Ermittlungsverfahren, der Verhängung von Untersuchungshaft, der Ermittlungseinstellungen und der Verurteilungen

Question· Kleine Anfrage12/3485open

Ausländerfeindliche und rechtsextremistische Ausschreitungen in der Bundesrepublik Deutschland im Monat September 1992 (G-SIG: 12011067)

Germany · German Bundestag · 16 October 1992

Anzahl und Art der Aktivitäten gegen in der Bundesrepublik Deutschland lebende Ausländer, aufgelistet nach Bundesländern und Straftaten, Anzahl der festgenommenen Tatverdächtigen, der Ermittlungsverfahren, der Verhängung von Untersuchungshaft, der Ermittlungseinstellungen und der Verurteilungen

Resolution· Entschließungsantrag BT12/3467rejected

Entschließungsantrag zur vereinbarten Debatte zur Asylpolitik (G-SIG: 12001092)

Germany · German Bundestag · 15 October 1992

Beendigung der Asyldebatte, Information der Bevölkerung durch die Bundesregierung über Asylgewährung, deren Kosten, den von in Deutschland lebenden Ausländern erarbeiteten Anteil am Bruttosozialprodukt sowie über ihre Kriminalitätsrate, Schutz von Ausländern vor Angriffen, Abbau der unbearbeiteten Asylanträge durch Besetzung der bewilligten Planstellen, Unterstützung der Kommunen bei der Unterbringung von Ausländern durch Bereitstellung und Umwandlung von Kasernen sowie durch Eingliederung in die Gesellschaft, Verabschiedung eines Einwanderungsgesetzes, Prüfung aller Bleiberechte vor Aufnahme des Asylverfahrens, Aufstellung von Programmen zur Bekämpfung der Fluchtursachen in den Herkunftsländern

Resolution· Entschließungsantrag BT12/3428enacted

Entschließungsantrag zur vereinbarten Debatte zur Asylpolitik (G-SIG: 12001087)

Germany · German Bundestag · 14 October 1992

Anerkennung politisch Verfolgter im Sinne der Genfer Flüchtlingskonvention als Asylberechtigte, Einführung eines verkürzten Verfahrens in unbegründeten Fällen, Ausschluß der Asylgewährung bei Zuständigkeit eines anderen Staates und bei schweren nichtpolitischen Verbrechen, Zugang zu einem geordneten Verfahren mit rechtlichem Gehör und Rechtsschutzmöglichkeiten und ggfs. sofortiger Vollzug aufenthaltsbeendender Maßnahmen, Gewährung eines asylverfahrensunabhängigen vorübergehenden Aufenthaltsstatus für Bürgerkriegsflüchtlinge, Mitwirkung der Bundesrepublik an einer europäischen Harmonisierung des Asylrechts; Änderung von Art. 16 Abs. 2 Satz 2 GG, vollständige Ausschöpfung des Gesetzes zur Neuregelung des Asylverfahrens, Beschränkung der Leistungen nach dem Bundessozialhilfegesetz (Sachleistung vor Geldleistung), Verbesserung der wirtschaftlichen, sozialen und menschenrechtlichen Bedingungen in den Hauptherkunftsländern gemeinsam mit der EG, Prüfung eines Zuwanderungsbegrenzungsgesetzes; weitere Integration der in der Bundesrepublik lebenden Ausländer

Question· Kleine Anfrage12/3444open

Asylbeschleunigung (G-SIG: 12011057)

Germany · German Bundestag · 14 October 1992

Anzahl der Neuanträge auf Asyl, Verteilung der Asylbewerber auf die einzelnen Bundesländer, Vergleich zu anderen EG-Staaten, Österreich und der Schweiz, Antragstellung an der Grenze und im Inland, Zurückweisungen an der Grenze, Anzahl der unerledigten Anträge im Bundesamt Zirndorf sowie der anhängigen Asylprozesse bei den Verwaltungsgerichten, Durchschnittsdauer der jeweiligen Verfahren, Beschleunigung durch organisatorische und personelle Verbesserungen und unter Anwendung des Asylverfahrensgesetzes in der ab dem 1.4.1993 geltenden Fassung, Gewährung einer befristeten Aufenthaltsgenehmigung für Bürgerkriegsflüchtlinge; Anzahl der insgesamt in der Bundesrepublik lebenden Asylbewerber, Höhe der Anerkennungen, Liste der verfolgungsfreien Länder, Bewerbungen mit falschen Angaben zur Person, Zuständigkeit anderer europäischer Länder, Zahl der rechtskräftig abgelehnten Bewerber (freiwillige Ausreise, Untertauchen, Abschiebung); Zahl der eingewanderten Aussiedler, Antrag auf Asylverfahren parallel zum Vertriebenenverfahren (alle Angaben von 1990 bis September 1992); Differenz zwischen Geburten- und Sterberaten der deutschen Wohnbevölkerung und Entwicklung der weltweiten Flüchtlingsströme von 1900 bis zum Jahr 2000

Question· Kleine Anfrage12/3422open

Lageberichte des Auswärtigen Amtes in Asylsachen (G-SIG: 12011049)

Germany · German Bundestag · 12 October 1992

Angabe der Länder, über die sog. "Lageberichte zur asyl- und abschiebungsrelevanten Situation" angefertigt werden, Absprachen zwischen Bund und Ländern über die Berichterstattung, Art der erhobenen Daten und Fakten, Mitwirkung der jeweiligen Botschaften sowie von nationalen oder internationalen Menschenrechtsorganisationen, Einfluß der Lageberichte auf Asylentscheidungen, Weitergabe an Rechtsanwälte, an den Bundestag und einzelne Abgeordnete

Resolution· Entschließungsantrag BT12/3381rejected

Entschließungsantrag zu der vereinbarten Debatte über Extremismus und Gewalt (G-SIG: 12001083)

Germany · German Bundestag · 8 October 1992

Aufforderung an die Bundesregierung zu folgenden Maßnahmen: verantwortungsvoller Umgang mit der Asyl- und Flüchtlingsproblematik, Information über Fluchtursachen, rechtliche Ansprüche und Lage der Asylbewerber hier und in den Heimatländern, Verzicht auf Eingriffe in das Grundgesetz, Gründung einer Stiftung für Opfer ausländerfeindlicher und rassistischer Übergriffe und Leistung von Wiedergutmachung, Beendigung der Diskriminierung und Kriminalisierung antifaschistischer und antirassistischer Initiativen sowie der Diskussion um Gesetzesverschärfung, neue Polizeibefugnisse und -einheiten gegen extremistische Gewalt, vielmehr Ausschöpfung der vorhandenen Mittel und Unterstützung von Solidaritätsaktionen

Resolution· Entschließungsantrag BT12/3382rejected

Entschließungsantrag zu der vereinbarten Debatte über Extremismus und Gewalt (G-SIG: 12001084)

Germany · German Bundestag · 8 October 1992

Aufforderung an die Bundesregierung zur Aussetzung des mit der rumänischen Regierung abgeschlossenen Rückübernahmeabkommens, Information von Parlament und Öffentlichkeit über das Abkommen, Erstellung eines Berichts über die soziale und politische Lage der Roma in den ehemaligen Ostblockstaaten, vor allem in Rumänien, in Zusammenarbeit mit Roma-Vertretungen und Menschenrechtsorganisationen

Resolution· Entschließungsantrag BT12/3383rejected

Entschließungsantrag zu der vereinbarten Debatte über Extremismus und Gewalt (G-SIG: 12001085)

Germany · German Bundestag · 8 October 1992

Aufforderung an die Bundesregierung zur Durchführung und Übertragung einer Parlamentssitzung von ausländischen, jüdischen, antifaschistischen und Flüchtlingsorganisationen am 9. November 1992 im Bundeshaus, Mitwirkung von Flüchtlingsräten, dem Zentralrat der Juden in Deutschland sowie Organisationen von Sinti und Roma

Resolution· Entschließungsantrag BT12/3392rejected

Entschließungsantrag zu der vereinbarten Debatte über Extremismus und Gewalt (G-SIG: 12001086)

Germany · German Bundestag · 8 October 1992

Verurteilung von Gewalttätigkeiten gegen ausländische Mitbürger und Asylbewerber, von rassistischen und antisemitischen Übergriffen sowie von extremistischen Aktivitäten als Anschlag auf den inneren Frieden und den freiheitlichen Rechtsstaat, Aufruf zum persönlichen Engagement gegen Gewalttäter, Aufforderung an alle politisch Verantwortlichen, insbesondere von Polizei und Strafjustiz, zur Bekämpfung gewalttätiger Rechtsbrecher

Bill· SS. 3365 (102nd)open

Central Valley Project Fish and Wildlife Act of 1992

United States · United States Congress · 7 October 1992

Central Valley Project Fish and Wildlife Act of 1992 - Prohibits the Secretary of the Interior from entering into any new short-term, temporary, or long-term contracts or agreements for water supply from the Central Valley Project (CVP), California (a Bureau of Reclamation facility) for any purpose other than fish and wildlife before certain requirements have been met. Provides an exception to such prohibition for certain contracts. Requires the Secretary to renew any existing long-term repayment or water service contract for the delivery of CVP water for a period of 25 years, with additional 25-year renewals, subject to reclamation law pricing requirements. Authorizes the Secretary to enter into contracts with: (1) the Tuolumne Regional Water District for delivery of water from the New Melones project to the county's water distribution system; (2) the Secretary of Veterans Affairs for the delivery in perpetuity of water to meet the needs of the San Joaquin Valley National Cemetery; and (3) the Watsonville subarea of the San Felipe Division of the CVP upon completion of a specified plan of study. Requires all CVP repayment contracts providing for water service and water service contracts for agricultural, municipal, or industrial purposes that are renewed after this Act's enactment date to make water available to contracting entities pursuant to a system of tiered water pricing. Sets forth requirements for such system. Directs the Secretary to develop, select, and implement specified actions with respect to fish and wildlife habitat issues in the California Central Valley. Includes among initial actions that the Secretary shall take by specified dates: (1) negotiation and execution of agreements with the California Department of Fish and Game (CDFG) to mitigate the direct fishery losses associated with the operation of the Tracy Pumping Plant and the Contra Costa Canal Pumping Plant numbered one and to eliminate, to the extent practicable, losses of salmon and steelhead trout due to flow fluctuations caused by the operation of Keswick, Nimbus, and Lewiston Regulating Dams; (2) installation and operation of a structural temperature control device at Shasta Dam and development and implementation of modifications in CVP operations to allow for control of water temperatures in the upper Sacramento River sufficient to protect salmon; (3) rehabilitation and expansion of the Coleman National Fish Hatchery; (4) development and implementation of a gravel replenishment program to restore and replenish spawning gravel lost due to the construction and operation of Shasta, Folsom, and New Melones Dams, bank protection programs, and other actions that have reduced availability of spawning gravel in the upper Sacramento River and the American and Stanislaus Rivers; and (5) development and implementation of a Delta Cross Channel monitoring and operational program to protect striped bass eggs and larvae as they approach the Delta Cross Channel gates. Directs the Secretary to establish an assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of restoration and enhancement actions. Requires the Secretary to develop, evaluate, select, and implement, by specified dates, actions that address specified fish and wildlife protection, restoration, and enhancement issues, including: (1) developing and implementing programs to eliminate the need to reduce Keswick Dam releases every Spring to place the Anderson-Cottonwood Irrigation District's Diversion Dam into operation and every Fall to take the Dam out of operation to minimize fish passage problems for salmon at the CVP Red Bluff Diversion Dam and to augment natural production of salmon and steelhead trout population levels in the San Joaquin River system in above-normal water years through means of artificial production; (2) constructing and operating a new satellite hatchery to augment the single and dual purpose channels at the Tehama Colusa Fish Facility and to further mitigate the impact of Shasta Dam on fishery resources; (3) constructing a salmon and steelhead trout hatchery on the Yuba River; (4) negotiating and executing an agreement with the CDFG that requires the release of the minimum flows necessary to take full advantage of the spawning, incubation, rearing, and outmigration potential of the Upper Sacramento River and the Lower American River for salmon, subject to the physical capabilities of the CVP facilities involved; (5) providing flows to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead trout from Whiskeytown Dam and a new fish ladder constructed at the McCormick-Saeltzer Dam; (6) evaluating and implementing a program to correct a defective fish screen at the Glenn-Colusa Irrigation District's Sacramento River diversion; (7) assisting in the funding of enforcement measures to reduce the numbers of striped bass illegally taken from the San Francisco Bay Estuary and Sacramento-San Joaquin Delta; (8) participating in a program to mitigate for fishery impacts associated with operations of the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant; (9) providing such assistance as may be requested by the State of California to develop and implement fishing regulations that protect the older, more productive striped bass females in order to maintain a viable reproducing striped bass population; and (10) developing and implementing measures that will provide additional dependable water supplies of suitable quality. Directs: (1) the Administrator of the Environmental Protection Agency to expedite, and complete by December 31, 1995, efforts to clean up mines causing intermittent releases of lethal concentrations of dissolved metals from the Spring Creek Debris Dam; and (2) the Secretary, in the interim, to provide water from the Keswick Dam sufficient to dilute the Spring Creek Debris Dam discharges to concentration levels that allow survival of fish life below Keswick Dam, except when the U.S. Corps of Engineers flood control criteria for Shasta Dam limits that capability. Authorizes the Secretary to construct, in partnership with the State of California, a barrier at the head of Old River in the Sacramento-San Joaquin Delta by December 31, 1995, to partially mitigate the impact of the CVP and State Water project pumping plants in the south Sacramento-San Joaquin Delta on the survival of young outmigrating salmon that are diverted from the San Joaquin River to the pumps. Directs the Secretary to: (1) participate in the San Joaquin River Management Program; and (2) evaluate in-basin needs in the Stanislaus River basin and investigate alternative storage, release, and delivery regimes for satisfying both in- and out-of-basin needs. Authorizes and directs the Secretary to provide firm water supplies to improve wetland habitat areas on National Wildlife Refuge System units in the Central Valley of California; the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas; and the Grasslands Resources Conservation District, subject to certain requirements. Directs the Secretary to: (1) identify additional actions that would provide mitigation of CVP impacts on, protect, and restore Central Valley fish and wildlife habitat; (2) develop the information needed to evaluate such actions technically, determine the economic and biological feasibility using specified criteria, determine appropriate cost allocations specific to each action, and select actions to recommend to the Congress for authorization to implement; and (3) report to the Congress according to a specified schedule until the year 2010. Sets forth fish and wildlife habitat issues to be evaluated by the Secretary, including: (1) determination of the flows and habitat restoration measures needed to protect, restore, and enhance salmon and steelhead trout in parts of the San Joaquin River; (2) investigation of actions allowing closure or screening of the Delta Cross Channel and Georgiana Slough to prevent the diversion of out-migrating salmon and steelhead trout through those facilities; (3) as a means of increasing survival of migrating young fish, investigation of the feasibility of using short pulses of increased water flows to move salmon, steelhead trout, and striped bass into and through the Sacramento-San Joaquin Delta; (4) investigation of ways to maintain suitable temperatures for young salmon survival in the lower Sacramento River and in the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent; (5) investigation of the need for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available or where hatchery production would enhance efforts to increase natural production of a particular species; (6) investigation of measures available to correct flow pattern problems in the Sacramento-San Joaquin Delta created by the operation of the CVP and the California State Water Project; (7) evaluation of measures to avoid unqualified losses of juvenile anadromous fish due to unscreened or inadequately screened diversions on the Sacramento and San Joaquin Rivers, their tributaries, and in the Sacramento-San Joaquin Delta; and (8) elimination of barriers to upstream migration of salmon and steelhead trout adults to spawning areas downstream of existing storage facilities in the Central Valley caused by agricultural diversions and other obstructions. Directs the Secretary to consider specified criteria and factors and issue findings thereon when determining which alternate programs, policies, or procedures should be implemented to protect and restore fish and wildlife conditions. Sets forth provisions with respect to: (1) cost allocations; (2) additional authorities; and (3) funding to carry out the purposes and provisions of this Act. Establishes the Central Valley Project Restoration Fund and authorizes appropriations from the Fund to carry out this Act. Directs the Secretary to collect an annual fee from CVP beneficiaries to recover costs of fish, wildlife, and habitat restoration programs. Authorizes the Secretary, subject to specified limitations, to approve all transfer agreements: (1) among CVP contractors and between CVP contractors and noncontractors involving CVP water within the authorized CVP service area; (2) between CVP contractors and parties outside the CVP service area upon the determination that as a result of the proposed transaction over the term of the agreement there is no net export of water out of the CVP service area of the transferor; and (3) between CVP water contractors and parties outside the CVP service area where the Secretary determines that as a result of the proposed transaction over the term of the agreement there will be a net export of water out of the service area of the transferor, provided that the water being transferred would not otherwise be available to other consumptive beneficial uses absent implementation of the program and that, over the term of the agreement in question, the transfer will have no significant, long-term adverse impact on groundwater conditions in the transferor's service area. Sets forth provisions with respect to transfers of water developed through temporary or permanent land fallowing. Specifies that: (1) all existing and future contracts for CVP water shall be deemed to allow for the transfers and exchanges provided for within this Act; and (2) specified agreements entered into under this Act shall provide that, during the years of actual transfer, CVP water subject to transfer shall be repaid at full cost. Requires all existing CVP agricultural contractors, within two years after the enactment of this Act, to submit a report to the Secretary which identifies water conservation practices and analyzes the cost and benefits to that entity and its customers of implementing each of such practices and any additional practices the Secretary determines should be analyzed. Requires all CVP agricultural contractors to develop a plan for implementation of such practices determined by the entity within the required water conservation report to be financially and otherwise feasible for the specific entity. Requires the entity to complete the plan for implementation within one year after completion of such report. Specifies that financially feasible conservation practices that will cause environmental harm or that are inconsistent with other legal requirements shall not be required to be implemented. Establishes a Water Conservation Incentive Program which shall be administered by the Secretary to encourage and assist with the on-farm implementation of the water conservation practices set forth in this Act. Directs the Secretary to require all CVP municipal and industrial water users, to the extent they provide retail, municipal, and industrial water service, to comply with the provisions of a specified memorandum regarding urban water conservation in California. Requires the Secretary to evaluate the benefits and cost analysis for each of the water conservation practices found by the specific water user preparing the required reports not to be feasible and to determine: (1) which practices would make additional water available to Central Valley streams or to a usable ground water basin that would not otherwise be available; and (2) for each of specified practices, the benefit/cost ratio of implementation if that water were used to fulfill wildlife refuge water supply obligations or made available to other water agencies through the transfer provisions established by this Act. Authorizes the Secretary to implement those water conservation practices identified which conserve water, are economically feasible, and are prudent, with the entity holding the contractual right to the water conserved and then make that water available for use by Central Valley refuges as required by provisions of this Act, subject to specified requirements. Directs the Secretary to negotiate for, and report to the Congress on, the transfer of the CVP to the State of California. Requires the Secretary to credit any expenditures by the State in this Act for fish and wildlife mitigation, protection, and restoration to the purchase price negotiated for the sale of the CVP.

Resolution· Entschließungsantrag BT12/3374enacted

Entschließungsantrag zu der vereinbarten Debatte "Extremismus und Gewalt" (G-SIG: 12001081)

Germany · German Bundestag · 7 October 1992

Verurteilung von Gewalttätigkeiten gegen ausländische Mitbürger und Asylbewerber, von rassistischen und antisemitischen Übergriffen sowie von extremistischen Aktivitäten als Anschlag auf den inneren Frieden und den freiheitlichen Rechtsstaat, Aufruf zum persönlichen Engagement gegen Gewalttäter, Vertrauensbekundung zu und Unterstützung von Polizei und Strafjustiz

Question· Kleine Anfrage12/3414open

Überstellung verurteilter Personen nicht-deutscher Nationalität zur Strafverbüßung in ihre Heimatländer (G-SIG: 12011046)

Germany · German Bundestag · 7 October 1992

Anzahl der 1991 in deutschen Vollzugsanstalten einsitzenden ausländischen Gefangenen, Information über die Möglichkeit einer Überstellung zur Strafvollstreckung im Heimatland, Anzahl der Anträge auf Überstellung, Weiterleitung an die jeweiligen Länder, Aufnahmeverweigerung, vollzogene oder in Aussicht gestellte Überstellungen durch die Vollstreckungsländer, Rückweisungen durch deutsche Behörden; Anzahl von Überstellungsanträgen aus Vollstreckungsländern, Ablehnung durch deutsche Behörden, Förderungsmaßnahmen der Bundesregierung

Bill· HRH.R. 6210 (102nd)referred

Comprehensive Services for Youth Act of 1992

United States · United States Congress · 6 October 1992

Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public school and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administration, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or consortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application and plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies forumulae for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to report to the Congress: (1) biannual summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation. Title V: Grants to Cities to Provide Education, Employment, Recreation, Social, and Cultural Awareness Assistance to At-Risk Youth - Directs the Secretary, to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection and allocation requirements. Requires city reports to the Secretary on their use of the grant, and interim and final reports by the Secretary to the Congress. Authorizes appropriations.

Bill· HRH.R. 6189 (102nd)referred

Equal Human Rights for All American Children Act of 1992

United States · United States Congress · 6 October 1992

Equal Human Rights for All American Children Act of 1992 - Amends the Immigration and Nationality Act to make any child born outside of the United States and its outlying possessions to a U.S. citizen parent a U.S. citizen at birth (without prior U.S. residence of the citizen parent). Reduces from 21 years old to six years old the maximum age at which a person of unknown parentage found in the United States can be shown to have been born outside the United States and thus lose his or her U.S. citizenship.

Law· HRH.R. 6183 (102nd)enacted

Federally Supported Health Centers Assistance Act of 1992

United States · United States Congress · 6 October 1992

Federally Supported Health Centers Assistance Act of 1992 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, or health services for residents of public housing, and officers, employees, or certain contractors of such entities who are licensed or certified health practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Makes such actions the exclusive remedy against such entities and individuals. Subrogates to the United States any insurance claim such an entity or person has. Terminates such inclusion after a specified date. Prohibits deeming such an entity to be an employee of the Public Health Service unless the entity has: (1) implemented policies and procedures to assure against malpractice and the risk of lawsuits; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; (3) no history of claims against the United States under these provisions, or has cooperated with the Attorney General in defending against such claims and has taken corrective action; and (4) has cooperated with the Attorney General in providing information relating to an estimate of expected claims. Empowers the Attorney General, if certain conditions are met, to determine that an individual physician or other practitioner not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Mandates an annual estimate of the amount of claims expected to be paid and, subject to appropriations and a dollar maximum, establishment of a fund of that amount.

Bill· SS. 3348 (102nd)referred

Health Care Access and Affordability Act of 1992

United States · United States Congress · 5 October 1992

Health Care Access and Affordability Act of 1992 - Title I: Social Security Act Provisions - Subtitle A: Small Employer Insurance Reform - Part I: Tax Deductible Health Insurance Costs - Amends the Internal Revenue Code to increase the deductible for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent. Part II: Standards and Requirements of Small Employer Health Insurance Reform - Amends the Social Security Act to add a new title XXI, Standards For Small Employer Health Insurance and Certification Of Managed Care Plans. Directs the Secretary of Health and Human Services (HHS) to request that the National Association of Insurance Commissioners (NAIC) develop specific standards to implement specified requirements for health insurance plans issued to small employers that relate to: (1) insurer registration; (2) guaranteed eligibility, availability, and renewability; (3) preexisting conditions; (4) restrictions on rating practices; and (5) benefit package offerings. Provides that if NAIC fails to develop such standards or the Secretary finds that they do not implement such requirements, the Secretary must develop such standards. Provides that if a State has not established a regulatory program that provides for the application and enforcement of such standards, the Secretary must certify the compliance of small employer plans with them. Part III: Tax Penalty on Noncomplying Insurers - Amends the Internal Revenue Code to impose an excise tax on the issuer of a health insurance plan to a small employer if the issuer fails to meet the requirements of title XXI of the Social Security Act (as added by this Act). Establishes such tax as 25 percent of the gross premiums received by the issuer. Makes such tax nondeductible. Subtitle B: Medicare and Medicaid Provisions - Part I: Medicare - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish an experimental program offering certain Medicare beneficiaries a choice among specified types of benefit options. Directs the Secretary to evaluate the experimental program and report to the Congress annually on the program's effectiveness. Provides for combined annual accounting of Medicare part A and B trust funds. Directs the Secretary to provide for the establishment of an Advisory Council on Hospital Reimbursement Procedures to recommend to the Secretary a uniform hospital reimbursement form as the sole form for the Health Care Financing Administration to use in processing claims submitted under Medicare. Specifies form contents. Requires a Council report on electronic billing. Requires the Secretary to develop such a form if the Council fails to make such a recommendation. Directs the Secretary to: (1) provide for demonstration projects to provide for the designation of certain medical procedures which will only be reimbursed if performed at a Medicare center of excellence; (2) develop a Medical Directive and Proxy Designation form and provide for a registry within HHS for such forms; and (3) notify providers and Medicare-eligible individuals of the availability of such form. Part II: Medicaid - Directs the Secretary to: (1) make grants to States for demonstration projects for improving access to Medicaid (SSA title XIX) services in medically underserved areas, providing medical assistance under Medicaid to certain uninsured individuals, providing outreach activites to individuals who may be eligible for certain medical assistance, and reducing infant mortality; and (2) report to the Congress on such projects. Authorizes appropriations. Title II: Public Health Service Act Provisions - Amends the Public Health Service Act to mandate a public education program on disease prevention through behavior change, preventive care, and screening. Authorizes appropriations. Modifies the authorization of appropriations for community health centers, earmarking certain funds for the establishment of new centers. Requires the National Health Service Corps to revise its priorities in assigning members. Specifies new criteria. Authorizes appropriations. Establishes in the National Institute on Aging the Center for the Fostering of Independent Living to conduct and support applied research, both social and scientific. Requires the Center to publish a Guide to Independent Living. Authorizes appropriations. Mandates development of a system to produce comprehensive reports under title IX (Agency for Health Care Policy and Research) of the Public Health Service Act concerning the performance of local and regional health care markets. Title III: Permanent Health Care Reform - Consumer Choice Health Care Reform Act of 1992 - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a credit for premiums paid by a qualified individual (excludes a federally covered individual) on an employer-sponsored health insurance plan. Specifies the limitations on such health expenses credit. Allows employers to make advance payments of such credit to employees with a health care expenses eligibility certificate. Terminates the medical expense deduction and the health insurance credit after December 31, 1994. Allows an individual a deduction for a percentage of employer-provided health insurance premiums and allows such deduction in computing adjusted gross income. Repeals the current income exclusion for employer contributions to accident and health plans. Limits the business deduction for employer-provided health insurance premiums to computations based upon the number of employees and the national average premium. Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Adjusts such deduction for inflation after 1994. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Subtitle B: Health Insurance Requirements - Sets forth requirements for employers for withholding health insurance premiums of employees, notifying employees of tax rights with respect to such premiums, converting non-self-insured plans, and selling, transferring, or reassigning existing self-insured plans. Amends the Internal Revenue Code to impose a tax on the failure to notify employees of the option to convert a non-self-insured plan to a federally qualified health insurance plan. Imposes a tax on the failure of a carrier offering a health insurance plan to comply with requirements with respect to self-insured plans. Revises provisions covering continuation coverage requirements of group health plans and requires such coverage for a maximum of 60 months. Subtitle C: State Plan Requirements - Requires States, as a condition of receiving Federal funds for health care programs after December 31, 1994, to meet specified requirements concerning: (1) health plans for the uninsured; (2) enrollment; and (3) monitoring. Subtitle D: Federal Preemption - Preempts all State laws in existence on January 1, 1995, in the following areas for five years: (1) mandated insurance laws; (2) anti-managed care laws; (3) mandated cost-sharing laws; and (4) certificate of need laws. Subtitle E: Medicaid Reform - Amends title XIX (Medicaid) of the Social Security Act to: (1) set the Federal medical assistance percentage for any State at 100 percent (excluding long-term care assistance); (2) provide Medicaid coverage for all individuals with income at the poverty level; and (3) authorize the HHS Secretary to award grants to States for the provision of long-term care to Medicaid-eligible individuals. Title IV: Antitrust Provisions - Subtitle A: Modification of the Operation of the Antitrust Laws to Hospitals - Provides that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement (including the sharing of data) to share expensive medical services or expensive high technology equipment. Authorizes the Secretary of Health and Human Services to issue waivers to exempt such conduct from the operation of the antitrust laws, subject to specified requirements. Provides that, to be eligible to receive such a waiver, two or more hospitals must submit to the Secretary an application that contains a proposed agreement that only: (1) provides that such hospitals shall share the expensive medical services or high technology equipment identified in such agreement; (2) specifies the period of time during which such agreement shall be in effect; and (3) describes the particular medical services or high technology equipment to be shared. Directs the Secretary, in evaluating the application, to consider whether implementation of such agreement will result in enhancement of the quality of hospital or hospital-related care, the preservation of hospital services in geographical proximity to the communities traditionally served by the applicants, improvement in the cost-effectiveness of high-technology services provided by the applicants, improvement in the efficient utilization of hospital resources and capital equipment, the provision of services that would not otherwise be available, or the avoidance of duplication of hospital resources. Sets forth: (1) provisions regarding the issuance and effect, and revocation, of a waiver; and (2) reporting requirements. Subtitle B: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits the recovery of damages, interest on damages, costs, or attorney fees under provisions of the Clayton Act relating to suits by persons injured, by the United States, and by State attorneys general, or under similar State laws, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients. Directs any Federal agency engaged in the establishment of medical professional standards to consult with and use appropriate medical self-regulatory entities, if available, in carrying out standard setting and related regulatory activities. Subtitle C: Interagency Committee - Establishes the Interagency Committee of Health Care Reform and Antitrust Policy to coordinate policy regarding health care reform and antitrust policy, and to make recommendations to the Congress regarding achieving both health care cost containment and greater access to quality health care through cooperation among health care providers. Title V: Medical Malpractice Reform - Subtitle A: General Provisions - Sets forth findings and definitions. Subtitle B: Grant Programs - Mandates grants to States for medical malpractice alternative dispute resolution systems. Describes fault-based, defined catastrophic injury compensation, early offer and recovery mechanism, and binding arbitration approaches. Allows other approaches. Requires: (1) grants for basic research on the prevention of and compensation for injuries from health care professional or provider malpractice; (2) grants for the licensing and discipline of health care professionals; (3) technical assistance to States for evaluation of medical practice acts and procedures, malpractice detection, and discipline; and (4) grants for educating the public regarding appropriate use of health care, realistic expectations, the resources and role of licensing and disciplinary boards, and faculty training and curricula. Mandates allotments to States for the grants under this title. Authorizes appropriations. Subtitle C: Health Care Malpractice Dispute Reform - Applies these provisions to all Federal or State medical malpractice actions. Limits lump sum future damages award dollar amounts. Mandates collateral source payment reductions. Limits the dollar amount of noneconomic damages. Sets forth time limitations for initiating actions. Preempts certain types of State laws regarding these requirements. Amends title XVIII (Medicare) of the Social Security Act to require: (1) allocation of all practitioner licensing or certification fees to a disciplinary agency; (2) each service provider and medical liability carrier to have a malpractice risk management program; and (3) review by professional societies of malpractice claims. Amends the Public Health Service Act to mandate a grant to an entity that represents recipients of assistance under provisions relating to migrant and community health centers for development of a business plan and establishment of a nationwide risk retention group. Authorizes appropriations for the grant and for capitalization. Title VI: Miscellaneous Provisions - Establishes in the Department of Health and Human Services the President's Council on Senior Fitness. Directs the Secretary, through the President's Council on Physical Fitness and Sports, to implement programs to promote healthy lifestyle choices. Authorizes appropriations.

Bill· HRH.R. 6171 (102nd)referred

Action Now Health Care Reform Act of 1992

United States · United States Congress · 5 October 1992

Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity, including a self-insured entity, providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and, in phases, increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate, for specified fiscal years, the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Directs the Attorney General to establish an ADR for the resolution of Federal medical malpractice claims, to be used after completion of the administrative process under specified provisions. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Establishes requirements for and provides for annual certification of State ADRs. Directs the Secretary to establish an alternative Federal ADR for claims in States without certified ADRs. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act) programs and Medicare supplemental health insurance. Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Imposes a penalty on distributions not used for that individual's medical expenses. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures - Limits antitrust recovery to actual damages if the requirements of this subtitle are met, including the filing and publication of certain information regarding hospital joint ventures. Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care to make recommendations to the Congress regarding antitrust and health care. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered (except for actual damages, interest on damages, costs, or attorney's fees for injury sustained) under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients and not conducted for financial gain.

Bill· HRH.R. 6100 (102nd)referred

American Consumers Health Care Reform Act of 1992

United States · United States Congress · 2 October 1992

American Consumers Health Care Reform Act of 1992 - Title I: Immediate Health Care Reforms - Subtitle A: Expansion of Medicaid Program - Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid eligibility for all residents of a State: (1) who are U.S. citizens or nationals or lawful resident aliens; (2) whose income does not exceed specified percentages of the poverty level, increasing those percentages between the first and second effective fiscal years; and (3) whose resources do not exceed the limits set by title XVI (Supplemental Security Income) of the Social Security Act. Terminates, two years after this Act becomes effective, payments to States (and State obligations to provide assistance) under Medicaid, except for outpatient prescription drugs and biologicals, home health care, nursing facility services, community supported living, home and community-based services, and other items and services that relate to long-term care and are not covered under Medicaid provisions added by this Act. Includes in the assistance made available under this Act assistance for the same amount, duration, and scope as under certain Medicaid provisions relating to medical assistance, except for nursing facility or home health care services. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Phases in an increased Federal medical assistance percentage (FMAP) for acute care services and a modified FMAP for items and services other than acute care services. Prohibits assistance under these provisions and the increased FMAP unless the State continues to provide home health care and nursing facility services. Directs the Secretary of Health and Human Services to develop standards for State long-term care plans under existing Medicaid provisions at the end of a specified transition period. Mandates a report on the impact on States of the FMAP decrease for outpatient prescription drugs. Amends Medicaid provisions to establish a Federal medical assistance program regarding acute care services for poor individuals and certain assistance for Medicare (title XVIII of the Social Security Act) cost-sharing for certain Medicare beneficiaries. Authorizes appropriations to carry out the provisions relating to the new program and such Medicare assistance. Mandates payment for items and services furnished to: (1) U.S. citizens, nationals, or lawful resident aliens; (2) whose incomes do not exceed specified percentages of the poverty level, increasing those percentages in the third through fifth effective fiscal years; and (3) whose resources do not exceed a specified level. Mandates payment for Medicare cost-sharing for: (1) Medicare beneficiaries; (2) disabled and working individuals, as defined in specified provisions; and (3) individuals who would be Medicare beneficiaries but for their income being between 100 and 120 percent of the poverty line. Specifies covered services, including certain: (1) inpatient and outpatient hospital services; (2) consistent with State law, rural health clinic services; (3) other laboratory and X-ray services; (4) screening, diagnostic, and treatment services; (5) family planning services and supplies; (6) physician's services; (7) medical and surgical services furnished by a dentist; (8) nurse-midwife services; and (9) pediatric or family nurse practitioner services. Excludes certain nursing facility and home health care services. Prohibits fixed limitations on the amount, duration, and scope of medically necessary services. Phases in, over two years, a requirement that payment rates for such services be the same under Medicaid as under Medicare. Mandates adjustment of such payment rates for demographic and geographic characteristics. Limits payments for such services based on Medicare participation conditions and agreements. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Requires: (1) eligibility for these services to be determined by the same entity in a State that determines eligibility for benefits under title XVI (Supplemental Security Income) of the Social Security Act; and (2) payment to providers to be made through the same entity or entities that make provider payments under Medicare, as amended by this Act. Mandates encouragement of the development and application of managed care arrangements to the provision of such services, including primary care case-management arrangements, health maintenance organizations, and competitive medical plans. Requires comprehensive managed care arrangements to include capitation payments at a level equivalent to payments that would be made for individuals not enrolled in such an arrangement. Requires State maintenance of effort, phasing in over nine years an increased Federal percentage and phasing out over the same period the FMAP for services not covered. Mandates a study on the effect of the State maintenance of effort requirements on different States and on the relation of the total amount of maintenance of effort to the long-term care needs in each State. Subtitle B: Medicare Reform - Directs the Secretary of Health and Human Services to take steps to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) over a five-year period, contracting with a single entity that combines the intermediary and carrier functions in each area, except where special regional or national contracts are appropriate. Mandates development of payment proposals that eliminate inconsistent incentives under Medicare. Subtitle C: Health Benefit Plan Reform - Part 1: Preemption of State Mandatory Benefit Laws and Anti-Managed Care Laws - Preempts State laws, as applied to a qualified small employer (not over 100 employees) purchasing group (having at least 100 employer members per State): (1) requiring the offering, by an employer member, of any health benefit plan services, category of care, or services of any class or type of provider; or (2) prohibiting a group of employers from purchasing health insurance with respect to member employers or their employees. Preempts State laws: (1) restricting carriers from negotiating provider reimbursement rates or contracting selectively with one provider or a limited number of providers; (2) limiting the financial incentives a health benefit plan may require a beneficiary to pay when a non-plan provider is used on a non-emergency basis; or (3) restricting utilization review in certain ways. Requires the Comptroller General to study the benefits and cost effectiveness of the use of managed care in the delivery of services. Ends the preemptions mandated by this paragraph five years after enactment of this Act. Part 2: Restriction on Pre-Existing Condition Provisions for Employer Health Insurance - Prohibits a carrier from imposing certain preexisting condition limitations or exclusions. Requires carriers to waive a preexisting condition waiting period in certain circumstances. Part 3: Small Employer Insurance Market Reforms - Requires a carrier that offers a small employer health plan in a State to offer the same plan to any other small employer in the State. Allows refusal to issue or renew (or termination of) such a plan only for nonpayment of premiums, fraud, or misrepresentation. Requires, after a minimum benefit package is established under provisions of this Act, that each such carrier make available a plan that only provides for such minimum benefits. Declares that a plan offered through an association composed exclusively of employers (which may include self-employed individuals) and formed for purposes other than obtaining health insurance need not be offered to individuals who are not employees of employer members or self-employed members. Allows health maintenance organizations to have geographic and size limits. Requires: (1) a single cohesive rating system applied consistently for all small employers and actuarially certified annually; and (2) the reference premium rate charged for a small employer health plan with similar benefits in a community for a type of family enrollment to be the same for all small employers. Allows limited reference premium rate adjustment based on the age and gender of covered individuals. Requires each small employer health plan to permit enrollment of three classes: (1) one adult; (2) a married couple without children; and (3) a married couple with one or more children or one adult with one or more children. Part 4: Establishment of Standards; Enforcement; General Definitions - Mandates development of standards to carry out parts 2 and 3 of this subtitle. Requires each State to report to the Secretary on the enforcement of the standards. Permits more stringent State standards. Directs the Secretary to provide for enforcement if a State fails to do so and with respect to plans not subject to State regulation. Amends the Internal Revenue Code to impose a tax on the failure of any carrier to comply with part 2 standards or of any small employer carrier to comply with part 3 standards. Subtitle D: Medical Malpractice Reform - Part 1: General Provisions - Applies this subtitle to any medical malpractice liability action in any State or Federal court, except regarding: (1) a vaccine-related injury or death covered by certain provisions of the Public Health Service Act; or (2) injuries allegedly arising solely from the use of a medical product. Preempts inconsistent State laws. Part 2: Uniform Standards for Medical Malpractice Liability Actions - Sets forth time limits for bringing medical malpractice liability claims. Prohibits bringing such a claim in a State court unless the claim has been initially resolved under an alternative dispute resolution system (ADR) certified by the Secretary under this Act. Gives an ADR decision the same status, for purposes of court enforcement, as the verdict of a medical malpractice action adjudicated in a State or Federal trial court. Provides for the treatment of an ADR decision regarding going forward with the action and the burden of proof. Amends Federal law relating to judicial procedure to require each Federal agency to use an alternative means of dispute resolution to settle a medical malpractice claim against the United States. Mandates a pretrial settlement conference. Limits: (1) noneconomic damages to a specified dollar amount; and (2) punitive damages to twice the damages awarded to the plaintiff and the plaintiff's family. Requires any punitive damages to be paid to the State in which the action is brought. Requires that State to use such amounts to carry out activities to assure the safety and quality of health care services, including: (1) licensing health care providers; (2) operating ADRs; (3) operating public education programs; and (4) carrying out programs to reduce malpractice-related costs for providers volunteering services in medically underserved areas. Mandates periodic payment for future losses, if over a specified amount. Limits contingent plaintiff's attorney's fees. Mandates awarding attorney's fees, expert fees, and certain other litigation expenses to the contesting party if the court upholds an ADR ruling. Makes medical malpractice liability several only and not joint, with each defendant being liable only for their percentage of the responsibility. Prohibits a finding of negligence in a medical malpractice liability action unless the conduct at the time of providing the services was not reasonable. Declares it to be a complete defense that the defendant followed the appropriate practice guideline, provided the Secretary has sanctioned the use of the guideline for purposes of an affirmative defense. Sets forth a sanctioning process. Declares that a prima facie case of negligence is not presented solely by showing that the defendant failed to follow the appropriate practice guideline. Prohibits a finding of malpractice relating to services during labor or delivery if the defendant did not previously treat the plaintiff for the pregnancy unless the malpractice is proven by clear and convincing evidence. Specifies the ways and extent to which this part supersedes State laws. Part 3: Requirements for State Alternative Dispute Resolution System (ADR) - Lists requirements for State ADRs, including that they: (1) apply to all medical malpractice claims under the State courts; and (2) transmit findings of malpractice to the State agency responsible for monitoring or disciplining providers. Requires application of the provisions of part 2 to claims under a State's ADR as such provisions apply to actions brought in the State. Provides for certification of State ADRs. Mandates a report to the Congress describing and evaluating State ADRs. Part 4: Other Requirements and Programs - Amends the Social Security Act to authorize appropriations (and modify existing authorizations of appropriations) to carry out provisions regarding research on outcomes of health care services and procedures, earmarking funds for sanctioning practice guidelines for an affirmative defense in medical malpractice liability actions. Directs the Secretary, in order to facilitate the research, to conduct and support data collection on medical malpractice actions. Mandates: (1) development of a standard reporting form for State ADRs regarding resolved disputes; and (2) a study on the effect of the malpractice guidelines developed by the Administrator for Health Care Policy and Research on malpractice incidence and costs. Allows, notwithstanding any other provision of State or Federal law, a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to participate in the licensing of such practitioner and the review of any malpractice action or allegation or other information concerning the practice patterns of the practitioner. Requires each State to require: (1) each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may endanger patients; and (2) each malpractice insurance provider to establish risk management programs and require those maintaining insurance to participate. Mandates grants: (1) for the conduct of basic research on the prevention of and compensation for injuries resulting from health care professional or provider malpractice and research on the outcomes of health care procedures; (2) to States to improve each State's ability to license and discipline health care professionals; (3) for public education on appropriate health care use and realistic expectations; (4) for public education on the resources and role of health professional licensing and disciplinary boards; and (5) for developing faculty training and curricula for educating health professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Mandates a study on the factors preventing or discouraging physicians from volunteering to provide services in medically underserved areas. Subtitle E: Medical Education Reform - Amends Medicare provisions to require that, ten years after enactment of this Act, half of: (1) direct graduate medical education cost payments be made for residency training in primary care fields; and (2) indirect medical education cost payments be made for physicians in primary care fields. Amends the Public Health Service Act to require that, ten years after enactment of this Act, half of all new insured loans to and installments on lines of credit for graduate students in health professions schools be made for students in primary care fields. Requires each State to develop a comprehensive plan to identify the health personnel needs of its residents. Subtitle F: Public Delivery System - Mandates development of national standards to identify medically underserved populations. Requires each State to develop a comprehensive plan for addressing the needs of such populations under such standards. Authorizes appropriations for additional grants to migrant and community health centers and programs for health services for the homeless to provide for at least one publicly-funded health center in each such identified area. Directs the Secretary to promote individual responsibility in personal health care and in the use of health care resources. Declares that it is the sense of the Congress that the amounts appropriated under provisions relating to the general authority of the Secretary regarding health information and health promotion should be increased sufficiently to permit the Office of Disease Prevention and Health Promotion to carry out specified activities. Directs the President to provide for the coordination and, to the extent appropriate, consolidation of all Federal nutrition activities. Requires establishment of at least four demonstration projects to test alternative ways of promoting informed decision making by providers and patients on the appropriate utilization of expensive life-sustaining technology. Specifies four projects which must be included. Authorizes appropriations. Mandates: (1) development of an action plan for reducing the U.S. incidence of specified health risk factors such as smoking, overweight, sedentary lifestyle, and failure to use seat belts; and (2) identification of Federal policies that may hinder attainment of the plan goals. Subtitle G: Public Disclosure - Directs the Secretary to establish standards for the collection and disclosure of health care data under this subtitle, including a computerized system, a uniform claims format, a mechanism to avoid duplicating Medicare and Medicaid services reporting and to coordinate data collected for such services with other health care services, and a quality- and effectiveness-measuring methodology. Allows the collection and disclosure requirements of this subtitle to be implemented by a State or by the Secretary. Authorizes appropriations. Requires the implementing entity to collect, and data sources to submit, specified data. Mandates publication of specified data, including on at least the most frequent 65 percent of services and payments and including comparisons among providers regarding payments and service effectiveness. Provides for special reports from raw data and for a means for computer-to-computer access to any purchaser. Provides for public access to the data. Prohibits release of specified types of information and imposes criminal penalties. Sets forth procedures for access by purchasers and other parties. Subtitle H: Tax Incentives to Provide Only Minimum Benefits - Amends the Internal Revenue Code to disallow a trade or business expense deduction for health care benefits exceeding the minimum benefits package under title II of this Act. Excludes from an employee's gross income employer-provided health coverage, but only up to the minimum benefit package. Removes provisions ending, on a specified date, the deductibility of a specified percentage of the health insurance expenses of self-employed individuals. Makes the cost of the minimum benefit package coverage fully deductible for such individuals. Title II: National Health Care Reform Proposals - Subtitle A: National Health Care Reform Commission - Establishes the National Health Care Reform Commission, requiring it to: (1) develop national health care goals to improve access to health care, safeguard and improve quality, and control costs; and (2) advise the Secretary on subtitle B demonstration projects and make related evaluations and recommendations. Requires the Commission to submit to the Congress a legislative proposal specifying a minimum benefit package to be used for a demonstration project under this title. Declares that the package, if approved by enactment of a joint resolution, shall also be used for implementing subtitle C (Health Benefit Plan Reform) of title I and determining the tax treatment of employer-paid employee health benefits in excess of the minimum package. Requires: (1) coverage of medically appropriate and cost effective preventive, diagnostic, and therapeutic services; and (2) cost-sharing providing an incentive to avoid unnecessary care while avoiding excessive cost-sharing by individuals with catastrophic illnesses. Sets forth rules, changeable as any other rules of the House of Representatives or the Senate, for the consideration of such a joint resolution. Subtitle B: Demonstration Projects on Alternative Financing and Delivery Systems - Mandates establishment of such demonstration projects as necessary to test alternative methods for organizing the structure of the U.S. health care financing and delivery system. Authorizes the Secretary to initiate projects and seek applications from States. Prohibits projects from increasing Medicare and Medicaid expenditures. Authorizes waivers, as necessary, of requirements of Medicare, Medicaid, the Employee Retirement Income Security Act of 1974, and specified antitrust laws. Requires the Secretary to provide for the transfer from the Federal Hospital Insurance Trust Fund of sums as necessary to provide for evaluations of the projects.

Bill· SS. 3299 (102nd)referred

Managed Competition Act of 1992

United States · United States Congress · 1 October 1992

Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Undeserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility - Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine-preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for the early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends the title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.

Report· CCCELEX 61991CC0275decided

Opinion of Mr Advocate General Jacobs delivered on 30 September 1992. # Alfredo Iacobelli v Institut National d'Assurance Maladie-Invalidité and Union Nationale des Fédérations Mutualistes Neutres. # Reference for a preliminary ruling: Tribunal du travail de Bruxelles - Belgium. # Social security for migrant workers - Council Regulations (EEC) Nºs 1408/71 and 574/72 - Invalidity and old-age benefits. # Case C-275/91.

European Union · Court of Justice of the European Union · 30 September 1992

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