Omnibus Reconciliation Act of 1980

Summary

Omnibus Reconciliation Act of 1980 - Title I: House Committee on Armed Services - Eliminates the September 1, 1980, cost-of-living increase in military retired pay. Declares that the March 1, 1981, increase shall be the percentage change in the Consumer Price Index between December 1980 and December 1979. Directs that such provisions shall not take effect unless similar provisions apply to Civil Service retirement annuities. Title II: House Committee on Education and Labor - Reduces Federal funding for fiscal year 1981, notwithstanding the National School Lunch Act, for: (1) general reimbursement of the school lunch program; (2) commodity assistance; and (3) the child care food program. Revises provisions concerning nutritional requirements, eligibility guidelines, adjustments, and qualified institutions. Reduces Federal funding for fiscal year 1981, notwithstanding the Child Nutrition Act of 1966, for the special milk program. Revises provisions concerning adjustments. Reduces the authorization of appropriations for fiscal years after 1980 for food service equipment. Establishes a ceiling on the amount of grants for fiscal year 1981 for nutrition education and training. Provides for annual cost-of-living adjustments in Federal employee compensation for disability or death (currently may be adjusted quarterly). Amends the Higher Education Act of 1965 to direct the Commissioner of Education to enter into cooperative agreements with credit bureau organizations providing for the exchange of information concerning student borrowers. Revises the formula for determining the special allowance for holders of loans through tax-exempt obligations. Makes parents of dependent undergraduate students eligible for loans in specified circumstances. Amends the Internal Revenue Code of 1954 to permit the disclosure of addresses of taxpayers who have defaulted on student loans made under the Migration and Refugee Act of 1962 as well as the Higher Education Act of 1965. Makes unauthorized disclosures of such information unlawful. Amends the Higher Education Act of 1965 to prohibit making payments to cover administrative costs of student loan insurance programs and under supplemental guaranty agreements. Title III: House Committee on Interstate and Foreign Commerce - Medicare and Medicaid Amendments of 1980 - (See Title VIII of this Act). Amends title XIX (Medicaid) of the Social Security Act to include coverage of services rendered by a nurse-midwife, whether or not he or she is supervised by or associated with a physician. Defines the term "nurse-midwife" to mean a registered nurse who has successfully completed a prescribed course of study or who has been certified by a recognized organization, and who performs services in the area of the management of the care of mothers and babies throughout the maternity cycle. Provides that cost-of-living benefit increases shall be disregarded in computing income for the purpose of determining eligibility for the Medicaid program for individuals receiving such benefit increases under: (1) title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act; (2) the Railroad Retirement Act of 1974; or (3) certain pension plans relating to veterans. Authorizes a State, under Medicaid, to declare an individual ineligible for Medicaid for specified periods if within 24 months of applying for such benefits the individual disposed of resources which, if retained, would have caused the individual to be ineligible for such benefits. Sets forth guidelines for determining the length of time such benefits shall be denied, based upon the dollar amount of assets disposed. Authorizes a State to recover the dollar amount of assets disposed or the cost of medical assistance provided to an ineligible individual from the person who received the disposed resources. Sets forth provisions concerning the effective date of these amendments. Provides for the participation in Medicaid of American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Increases the ceilings on Federal Medicaid matching payments to Puerto Rico, Guam, and the Virgin Islands. Sets ceilings for payments to American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Extends, under the Medicaid program, through fiscal year 1983, Federal payments for the costs of long-term care facility inspections. Extends funding for State Medicaid fraud control units. Changes the calendar quarter for which satisfactory utilization review must be shown to receive waiver of medicaid reduction. Amends title XI (General Provisions) of such Act to direct the Secretary of Health and Human Services to offset any disallowance from subsequent Medicaid payments to a State pending reconsideration. Requires that such State be given a preliminary notice of the Secretary's intent to make such a disallowance. Amends the Railroad Retirement Act of 1974 to: (1) revise provisions concerning years of service; (2) increase the reduction in the annuity for spouses under the age of 65; (3) deem eligible individuals attaining age 62; (4) revise the computation of annuity increases, social security deductions, and spouse annuities; and (5) postpone disability annuities until after five months following the onset of the disability. Requires carriers to recommend to the appropriate congressional committees further restructuring of the railroad retirement system to assure the long-term actuarial soundness of such system. Amends the Internal Revenue Code to increase the railroad retirement tax on employers for fiscal year 1981. States that further fiscal year 1981 spending reductions are contained in the Rock Island Railroad Transition and Employee Assistance Act. Title IV: House Committee on Post Office and Civil Service - Requires the annuity increase for retired Federal employees on September 1, 1981, to be based on the percent change in the price index between June, 1980, and June, 1981. Eliminates any retroactive annuity adjustment. Credits amounts received by Federal employees for Reserve or National Guard service against their civilian pay for that period. Eliminates credit for holidays in calculating lump-sum leave payments. Revises the provisions for disability retirement to require that the disabled employee be found not qualified for reassignment to another vacant position similar to the employee's present position. Excludes military service from the computation of a disability annuity, if the employee or Member is receiving retired pay or retainer pay for such service. Exempts from State taxation any premium paid from the Employees' Life Insurance Fund. Authorizes specified appropriations for the Postal Service for fiscal year 1981. Prohibits the Postal Service from reducing the six-day mail delivery during such fiscal year. Reduces the authorization for revenue foregone appropriations for fiscal year 1981. Requires a review by the Postal Rate Commission and the Governors of the Postal Service before any adjustments in free or reduced rates may be made. Directs the Postal Service to include in its appropriation request amounts which would have been authorized to be appropriated if based on the final audited mail volume. Repeals provisions permitting nonprofit mail rates to be paid by qualified political committees. Title V: House Committee on Public Works and Transportation - Sets a ceiling on the total fiscal year 1980 and 1981 obligations for Federal-aid highways and highway safety construction programs. Sets forth provisions for allocating such funds. Sets a ceiling on the total fiscal year 1981 obligations for State and community highway safety programs. Sets a ceiling on the total fiscal year 1981 obligations from the Airport and Airway Trust Fund for airport development, planning, and grants, if the conference report on the Airport and Airway Improvement Act is approved. Comprehensive Oil Pollution Liability and Compensation Act - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purposes of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of monies to be deposited in such fund, including a fee not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Obligates owners of such oil to reimburse the refinery or terminal the full amount of the fee levied on such person's oil. Imposes a civil penalty on any person required to pay or collect such fees for failure to do so. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements. Declares that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity of more than 3,500 gallons, to establish and maintain, in accordance with regulations issued by the Secretary, evidence of financial responsibility in such amounts as the Secretary shall establish, but no less than $2,000,000. Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise claims with limited exceptions to be presented initially to the owner or operator, or to such person's guarantor. Permits claimants to either present a claim to the fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Subrogates any person or government entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution. Sets forth civil penalties for persons failing to comply with specified provisions in this Act. Specifies the effective date of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters. Repeals Title III (Offshore Oil Spill Pollution Fund) of the Outer Continental Shelf Lands Act Amendments of 1978 and provides for the transfer of such Fund's assets and liabilities to the Comprehensive Fund established pursuant to this Act. Prohibits the obligation or other expenditure of any monies in the Fund for any of the administrative expenses of the Environmental Protection Agency. Amends the Federal Water Pollution Act to define terms to conform with this Act. Redefines "supplier" with respect to provisions of such Act relating to the collection of fees from which the hazardous chemicals fund established under this chapter is constituted. Provides that claims of damages for economic losses, incurred on or after the effective date of this Act, and arising out of or directly resulting from the discharge of hazardous substances, may be asserted for: (1) removal costs; (2) injury to, or destruction of, real or personal property; (3) loss of use of real or personal property; (4) injury to, or destruction of, natural resources; (5) loss of use of natural resources; (6) loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources (utilized by the claimant for activities from which 25 percent of income is derived); and (7) loss of tax revenue for a period of one year due to injury to real or personal property. Permits a foreign claimant to assert such claims to the same extent as a U.S. claimant if: (1) the pollution occurs in the waters of a foreign country of which the claimant is a resident; (2) the claimant is not otherwise compensated; (3) the substance was discharged from a vessel in U.S. navigable waters or discharged in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act; and (4) the foreign country provides a comparable remedy for U.S. claimants. Makes jointly, severally, and strictly liable for all damages for which such claims may be asserted the owner and operator of a vessel, other than a public vessel, or a facility which is the source of a discharge of oil (other than petroleum, crude oil, or any fraction or residue therefrom) or a hazardous substance, or poses a threat of such a discharge in circumstances that justify the incurrence of removal costs. Limits the amount of such liability to: (1) $150 per gross ton, for a vessel other than a ship or an inland oil barge; (2) the greater of $150,000 or $150 per gross ton, for an inland oil barge; (3) the greater of $250,000 or $300 per gross ton (up to a maximum of $30,000,000), for a ship; (4) $50,000,000 for a deepwater port subject to the Deepwater Port Act of 1974 (including the liability of the owner or operator of such port for a discharge from a ship moored there); (5) the total of removal costs plus $50,000,000 (reduced to no less than $35,000,000 plus removal costs if the Secretary of Transportation determines that the higher limitation would have a significant adverse effect on small businesses or a significant anticompetitive impact), for an offshore facility operated under the authority of the Outer Continental Shelf Lands Act; or (6) $50,000,000 or a lesser limit established by the Secretary by regulation, taking into account the size, type, location, storage and handling capacity of a facility, for facilities other than deep water ports or offshore facilities subject to such Acts. (Requires that such limits be comparable to those for ships, but that the limitation for any tank motor vehicle operated on highways transporting such substances, in bulk, with a water capacity of more than 3,500 gallons be not less than $5,000,000 in any case.) Sets forth circumstances in which there is no such liability, or reduced liability. Provides that the fund established under this title is liable without limitation for all damages for which a claim may be asserted, to the extent that the loss is not otherwise compensated. Sets forth circumstances in which the Fund is not liable or is liable only for removal costs. Provides that no indemnification, hold harmless, or similar agreement shall be effective to transfer from the owner or operator of a facility to any other person the liability imposed under this title. Establishes a revolving fund to be maintained at a level not to exceed $100,000,000 to carry out the purposes of this title respecting discharges of imminent discharges of oil (other than petroleum, crude oil, or any fraction or residue therefrom) and hazardous substances. Provides that, of the revenues of such fund for each fiscal year, there be collected by the Secretary of the Treasury: (1) 40 percent from suppliers of defined petrochemical feedstocks through fees up to one-tenth of a cent per pound imposed on any amount supplied to another person or used by the supplier; (2) 20 percent from suppliers of defined inorganic feedstocks through fees up to one dollar per short ton imposed on supply or use (authorizes the Administrator of the Environmental Protection Agency (EPA) to add to such list of inorganic feedstocks, based on hazardous substance information); (3) 20 percent from suppliers, for supply or use, of specified substances which have had high frequencies and volumes of discharge; and (4) 20 percent from suppliers, for supply or use, of specified substances listed in the EPA's three most hazardous categories of substances. Directs the Administrator to adjust such fees to assure that the percent of total fees collected from each source is equitable, based upon the claims and payment experience of the fund. Authorizes the Administrator to add or delete substances listed as having the highest frequencies and volumes of discharge. Directs the Administrator to submit annual recommendations to Congress for additions or deletions from the petrochemical and inorganic feedstock lists. Provides that no action, except those provided by this title, may be brought in any Federal, State, or local court for damages for an economic loss described in this title for which a claim may be asserted under this title. Provides that no person may be required to contribute to any fund, the purpose of which is to compensate for such a loss, or to establish or maintain evidence of financial responsibility relating to the satisfaction of a claim for such a loss. Declares that such restrictions shall not: (1) preclude a State from imposing a tax or fee upon any person or the specified oil or hazardous substances to finance purchase and prepositioning of such specified substances, pollution cleanup and removal equipment; nor (2) prohibit an action by the fund to recover compensation paid under this title. Directs the Administrator, upon receiving information of a discharge in violation of this title, to designate, where possible, the source of the discharge and notify the owners, operators, and guarantors, who are then required to advertise the designation and the procedures by which claims may be presented to them. Directs the Administrator to so advertise, if such parties fail to do so, at their expense. Directs the Administrator to advertise or otherwise notify potential claimants of procedures by which claims may be presented to the fund in cases where: (1) owner, operator, and guarantor all deny a designation within five days after notification; (2) the source of the pollution was a public vessel; or (3) the Administrator is unable to designate the source or sources. Permits claimants, if liability is denied or the claim is not settled within 60 days, to elect irrevocably to commence an action in court or to present the claim to the fund. Allows claims for uncompensated damages to be presented to the fund. Permits claimants, when a claim is presented to the fund and the fund denies liability or does not settle the claim within 60 days, to elect irrevocably to submit the dispute to the Administrator or to commence a court action. Directs the Administrator to utilize the services of private insurance and claims adjusting organizations or State agencies, where adequate, in processing claims against the fund. Limits the period for presentation of claims to within three years from the date of discovery of the economic loss or within six years of the date of the discharge, whichever is earlier. Provides that any person or governmental entity, including the fund, compensating any claimant for an economic loss shall be subrogated to all rights, claims, and causes of action such claimant has under these provisions. Authorizes the Attorney General, upon request of the Administrator, to commence an action on behalf of the fund for compensation paid by the fund to any claimant. Prohibits any part of monies in the fund to be obligated or otherwise expended for any of the administrative expenses of the EPA. Declares that nothing in this Act shall be construed to authorize any Federal officer, employee, department, agency, or instrumentality to prohibit, control, or otherwise regulate the use of any groundwaters. Provides that up to $10,000,000 per fiscal year shall be available from the fund to carry out specified provisions of such Act for the identification, removal, and disposal of in-place toxic pollutants in navigable waters. Authorizes the Secretary of the Treasury, in any case where the hazardous substances fund is insufficient, to utilize funds in the Comprehensive Oil Spill Liability Fund, with repayment to be made as soon as practicable. Provides a similar authorization to use funds in the hazardous substances fund whenever the Comprehensive Oil Spill Liability Fund is insufficient. Provides that, in cases where the discharge of pollutants is a mixture of both oil and hazardous substances that both such funds be immediately available for emergency work, with appropriate allocation of costs as soon as practicable. Provides that these provisions shall take effect 180 days after the enactment of this Act. Sets forth procedures for Congressional oversight of rules or regulations promulgated or repromulgated under authority of this Act. Title VI: House Committee on Small Business - States that the Small Business Development Act of 1980 contains the provisions which satisfy the reconciliation requirements. Title VII: House Committee on Veterans' Affairs - Specifies elements that will be accepted as sufficient evidence of a veteran's inability to defray necessary expenses for purposes of medical and nursing home care. Prohibits paying burial benefits to veterans dying during fiscal year 1981 whose incomes exceed a specified amount. Repeals provisions authorizing benefits for correspondence or flight training. Requires any overpayments to be deducted from any future payments made by the Veterans' Administration (VA) to the person concerned. Declares that interest and administrative costs shall be charged for overpayment of benefits and for medical care and services. Authorizes the VA Administrator to disclose names and addresses of present and former members of the Armed Forces and their dependents to: (1) consumer reporting agencies in specified circumstances; (2) collect amounts owed by such persons who participated in any VA benefits program; and (3) determine the creditworthiness of a person applying for loan assistance. Repeals provisions establishing the Predischarge Education Program. Permits educational benefits to be paid to incarcerated veterans and other eligible persons, unless the fees are paid under any other Federal program or there are no fees. Limits the amount of compensation that may be paid for service-connected disability or death and dependency and indemnity compensation to incarcerated individuals. Title VIII: House Committee on Ways and Means; Expenditure Reductions - Medicare Amendments of 1980 - Amends title XVIII (Medicare) of the Social Security Act with respect to home health care services to eliminate: (1) the 100 visit limitation presently applicable to such services; (2) prior hospitalization as a condition of eligibility for such services; and (3) the $60 deductible. Directs the Secretary of Health and Human Services to prescribe regulations which prohibit a physician who has a significant financial relationship with a home health agency from certifying that the services of such agency are required for any individual, and from establishing and reviewing a plan for furnishing such services to such individuals. Includes occupational therapy as a home health service. Requires home health aides to complete a training program approved by the Secretary. Repeals provisions of title XVIII which prohibit the classification, as a home health agency, of a private organization which is not a nonprofit organization unless licensed pursuant to State law. Excludes certain costs related to bonding and escrow accounts excluded from the determination of reasonable costs for home health agencies. Authorizes the President, under title XVIII, to enter into agreements establishing reciprocal arrangements between the health insurance program established by such title and the program of any foreign country under which similar services are provided directly to entitled individuals or under which insurance is provided to meet all or part of the expenses of entitled individuals for health services. Requires that any such agreement specify: (1) the nature and extent of payment to be made to or on behalf of individuals entitled to benefits; (2) limitations on the nature and duration of health services and on entitlement of individuals to benefits on a reciprocal basis under an agreement in the United States and in the foreign country;(3) limitations on entitlement of individuals to benefits; and (4) the methods by which the cost of providing health services on a reciprocal basis shall be shared by the United States and the foreign country. Directs the Secretary to make rules and regulations and to establish procedures which are reasonable and necessary to implement and administer any agreement which has been entered into in accordance with this Act. Authorizes the Secretary to enter into interim arrangements with any hospital in a foreign country which is accredited by the Joint Commission on Accreditation of Hospitals, or such other hospitals as the Secretary finds meets specified health and safety standards. Provides Medicare coverage, effective July 1, 1981, for: (1) all services performed by a dentist which would be covered if performed by a physician; and (2) inpatient hospital services furnished because of the severity of the dental procedure. Authorizes payments under the Medicare program for the cutting or removal of warts on the feet, effective July 1, 1981. Allows reimbursement under the Medicare program for services furnished in qualified community mental health centers and comprehensive outpatient rehabilitation centers. Sets forth provisions specifying the scope of services provided in such centers and the conditions and limitations on payments for such services. Directs the Secretary to report to Congress recommending a broader definition of a community mental health center than that set forth in this Act. Restricts payment for optometrists' services under Medicare to services related to the treatment of aphasia, effective July 1, 1981. Directs the Secretary to make recommendations with respect to providing Medicare coverage for the treatment of cataracts and for other services which optometrists may perform. Authorizes payment under the Medicare program for antigens prepared by a physician. Authorizes the Secretary to make payments of such benefits as are necessary to correct the effect of an unintentional or erroneous transfer of an individual from an approved hospital or skilled nursing facility. Includes a rural health facility of 50 beds or less within the definition of the term "hospital," under title XVIII. Makes special provisions with respect to nursing services, health, fire, and safety requirements for such facilities. Recognizes podiatrists as physicians for purposes of physician certification and participation in utilization review, where consistent with State law and policies of the health care institutions involved. Allows a speech pathologist, as well as a physician, to establish the plan of treatment for speech pathology services. States that where services are provided for which payment may be made under the Medicare program to an individual who has died, and the persons who provided the services do not agree that the reasonable charge is the full charge for the services, payment shall be made on the basis of an itemized bill. Repeals provisions of the Medicare program concerning the presumed coverage for extended care facilities and home health care in specified circumstances. Repeals the existing provisions under part A (Hospital Insurance) of title XVIII under which payment to a provider of services shall be the lesser of the reasonable cost of such services or the customary charge with respect to such services, and provides that payment to a provider shall now be based upon the reasonable cost of such services, effective October 1, 1980. Limits to a maximum of 30 percent the amount by which the premium for voluntary participation in Medicare insurance may be increased due to late enrollment. Repeals the prohibition against enrolling more than twice in the Supplementary Medical Insurance Program (part B of title XVIII). Repeals the present time limitation applicable for general enrollment under part B and permits an eligible individual to enroll at any time. Modifies Medicare coverage for chiropractic services, effective July 1, 1981, to provide that a subluxation could be demonstrated to exist either through X-rays or other chiropractic clinical findings. Provides Medicare coverage for the X-rays. Increases to 80 percent of reasonable charges (not to exceed $937.50 per year) the limit on payments, under part B of title XVIII, for the treatment of mental, psychoneurotic, and personality disorders of an individual who is not a hospital inpatient. Provides, under part B, for the payment of certain services of a clinical psychologist. Makes such provisions effective January 1, 1982. Limits the 100 percent reimbursement for the inpatient hospital services of radiologists and pathologists to those radiologists and pathologists who agree to accept assignment for all services furnished by such physicians under part B. Increases from $100 to $500 the payment limitation for certain outpatient physical therapy services under the Medicare program. Eliminates the Medicare deductible for blood, effective July 1, 1981. Prohibits Medicare payments where payment has been made or can reasonably be expected to be made under an automobile insurance policy. Increases from 14 to 30 days the period within which a Medicare beneficiary must be admitted to a skilled nursing facility following inpatient hospital care in order to qualify for post hospital extended care benefits. Authorizes payment under Medicare for certain surgical procedures specified by the Secretary which are performed in an ambulatory surgical center. Prohibits the Secretary from finding, for purposes of certifying the addition or expansion of a facility within a renal disease network, that such addition or expansion is not needed if the State health planning and development agency for the State in which the facility is located has certified under the Public Health Service Act that such addition or expansion is needed. Authorizes the Secretary to enter into agreements with nonprofit entities for the reimbursement of the reasonable cost of home dialysis equipment. Provides Medicare coverage for diagnostic, radiological, or pathological services performed on an outpatient basis within seven days of a patient's admission to a hospital. Directs the Secretary to report to Congress on this coverage. Directs the Secretary to conduct studies on the following: (1) the circumstances and conditions under which services furnished by registered dietitians should be covered as a home health service under Medicare; (2) the methods for providing Medicare coverage for orthopedic shoes for certain individuals; (3) the circumstances and conditions under which services furnished with respect to respiratory therapy should be covered under Medicare as a home health benefit; and (4) a comprehensive analysis of the cost effects of alternative approaches to improving Medicare coverage for the treatment of various types of foot conditions. Directs the Secretary to carry out demonstration projects to determine: (1) the extent to which nutritional therapy commenced in early renal failure, utilizing controlled protein substances, can retard or arrest the disease; (2) the administrative, financial, and other aspects of making such nutritional therapy generally available as a Medicare benefit; and (3) the administrative, financial, and other aspects of making the services of clinical social workers more generally available as a Medicare benefit. Directs the Secretary to submit a report on each study and demonstration project. Directs the Secretary to report to Congress on the demonstration projects being conducted on the waiver of the applicable cost sharing amounts which Medicare beneficiaries have to pay for obtaining a second opinion on having surgery performed. States that providers of services have the right to judicial review of any action of the fiscal intermediary involving a question of law or regulations relevant to the matters in controversy whenever the Provider Reimbursement Review Board determines, on its own motion or at the request of a provider, that it is without authority to decide the question. Prohibits Medicare reimbursement for amounts incurred by a provider with Medicare contracts for services valuing $10,000 or more annually unless such contracts permit the Secretary and the Comptroller General access to any books, records, and papers directly related to such contracts. Provides coverage under part B of title XVIII for pneumococcal vaccine and its administration if reasonable and necessary for the prevention of illness, effective July 1, 1981. Medicare and Medicaid Amendments of 1980 - Amends part B (Professional Standards Review) of title XI of the Social Security Act to permit an organization qualified for conditional designation as a Professional Standards Review Organization (PSRO) to include health care practitioners, other than physicians and osteopaths, who hold independent hospital admitting privileges, if invited to become members by the organization. Includes as members of the advisory group for each statewide Professional Standards Review Council at least one registered professional nurse and doctor of dental surgery. Includes one registered professional nurse, one doctor of dental surgery, and one health practitioner other than physicians and osteopaths on the National Professional Standards Review Council. Revises the duties of a conditionally designated PSRO. Directs the Secretary to establish a program for the evaluation of the cost- effectiveness of review of particular health care services by PSROs. Eliminates the requirement that a PSRO must, if capable, review ambulatory care services provided under the Act within two years of becoming a fully designated PSRO. Authorizes the Secretary of Health, Education, and Welfare to replace one PSRO with another PSRO if the PSRO initially designated is not conducting particular review activities. Permits a PSRO to withhold any records requested pursuant to a request under the Freedom of Information Act until 180 days after the entry of a final court order ordering disclosure. Requires a PSRO to consult with representatives of health care practitioners, other than physicians, and representatives of institutional and noninstitutional providers of health care services in relation to the responsibility of a PSRO to review the professional activities of such practitioners and providers. Authorizes each PSRO to determine, in advance, the medical necessity and appropriateness of any routine diagnostic services furnished in connection with an elective admission to a hospital or other health care facility. States that PSROs may be directed by the Secretary to exercise such authority. Directs the Secretary, in consultation with the National Professional Standards Review Council, to conduct a nationwide study of the differences in medical criteria and length-of-stay norms utilized by PSROs in the various regions of the country, and to report to Congress the findings and conclusions. Declares it to be the policy of the United States that philanthropic support for health care be encouraged and expanded. States that in determining the reasonable costs of services furnished by nonprofit hospitals under titles V (Maternal and Child Health), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act, gifts, grants and endowments, and other specified items shall not be deducted from any operating costs of such hospitals, effective September 1, 1981. Directs the Secretary to conduct a study of the availability and need for skilled nursing facility services covered under Medicare and Medicaid and to report to Congress concerning such study. Authorizes the Secretary under title XVIII and the State under title XIX, in lieu of decertifying a skilled nursing facility which is out of compliance with conditions of participation specified in the Act, to deny payment to such a facility for services furnished, if the health and safety of the patients is not immediately jeopardized. Directs that the Secretary shall not make such a decision until such facility has had a reasonable opportunity to correct the deficiencies. Authorizes the Secretary, under title XIX, to make an independent and binding determination concerning the extent to which an institution meets the conditions of participation. Requires, under the Medicare program, a skilled nursing facility to meet such provisions of such edition (as specified by the Secretary ) of the Life Safety Code of the National Fire Protection Association as are applicable to nursing homes. Provides that criminal penalties for the solicitation of Medicare or Medicaid business shall apply only if such conduct is undertaken knowingly and willfully. Amends part A (General Provisions) of title XI of the Act to exclude from participation in Medicare or Medicaid any physician or other individual convicted of a criminal offense related to such individual's participation in either program. Requires any entity receiving payments under the Medicaid program to comply with certain financial reporting requirements. Authorizes the Secretary to reduce the Federal share of Medicaid payments to a State with respect to expenditures by providers that participate or have participated in the Medicare program and from which the Secretary has been unable to recover Medicare payments or information concerning Medicare overpayments. Authorizes hospitals under title XVIII which have been granted a certificate of need for the provision of long-term care services to enter agreements under which their inpatient hospital facilities may be used to furnish services which if furnished by a skilled nursing facility would constitute post-hospital extended care services. Provides that, where a hospital has not entered into such an agreement and long-term care services are necessary, payment may be made for such services as if such an agreement were in effect, if the hospital: (1) has an occupancy rate below 80 percent; and (2) could obtain a certificate of need. Provides Medicaid coverage for skilled nursing facility services and intermediate care facility services furnished by a hospital which has in effect an agreement under title XVIII. Requires, as a condition for payment to any State under titles V (Maternal and Child Health and Crippled Children's Services) or XIX of the Act for costs incurred in the performance of audits of entities which also provide services under title XVIII, that such audits be coordinated with audits of entities performed for purposes of title XVIII. Directs the Secretary: (1) to establish one or more projects to demonstrate the feasibility of creating a single coordinated appeal hearing to adjudicate those administrative cost items which are determined under such a coordinated audit and which such entities dispute and appeal; and (2) to provide for the review of the feasibility of establishing a single coordinated process for the collection of overpayments established in an audit. Authorizes the Secretary to enter into agreements with no more than 12 States for the purpose of conducting demonstration projects for the training and employment as homemakers or home health aides of individuals who have been certified by the appropriate State or local government agency as being eligible for financial assistance under a State plan of Aid to Families with Dependent Children approved under title IV of the Act. Directs the Secretary to submit annual reports to the Congress evaluating such demonstration projects. Limits the Secretary's authority to enter contracts to the extent provided in advance in appropriation Acts. Extends until December 31, 1980, the program conducted by the Secretary to determine the proficiency of individuals who do not otherwise meet formal qualifications criteria to perform the duties of certain health care personnel. Sets limits, under the Medicare and Medicaid programs, on payments to a physician for laboratory tests reimbursable under those programs. Directs the Secretary to report to Congress concerning such payments. Allows States to purchase laboratory services for Medicaid through competitive bidding arrangements for a three-year experimental period. Requires such services to be from laboratories: (1) which are found by the Secretary to meet appropriate health and safety standards; (2) no more than 75 percent of whose charges for such services are under Medicare or Medicaid; and (3) which charge Medicaid at rates no higher than the lowest amount charged to others for similar tests. Directs the Secretary to send to Congress an evaluation of such purchase arrangements, with recommendations as to extension or modification. Requires any laboratory services paid for under Medicaid to be provided by a laboratory meeting Medicare's requirements. Includes, under Medicare, as inpatient hospital services the services of a physician in a teaching hospital only if: (1) the hospital elects to receive any payment due under Medicare for reasonable costs of such services; and (2) all physicians in the hospital agree not to bill charges for professional services rendered in such hospital to individuals covered by Medicare. Authorizes the Secretary to provide for demonstration projects to determine the cost-effectiveness and appropriateness of requiring a second opinion with respect to specified elective surgical procedures before payment may be made under Medicare or Medicaid for the performance of the procedure. Directs the Secretary to analyze the data on the projects and to report to Congress. Provides that an individual shall not be required to participate in such a project unless the individual has provided a written and legally effective informed consent. Provides that hospitals, under Medicare and Medicaid, reimbursed under the demonstration project reimbursement system shall continue to be reimbursed under that system until either: (1) a third party payor reimburses such a hospital on another basis; or (2) the rate of increase for the previous three year period in costs per inpatient admission is greater than such rate of increase in all other hospitals over the same period. Revises provisions of title XVIII of the Act relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare, effective no earlier than July, 1981. Directs the Secretary to annually determine a per capita rate of payment for each class of individuals entitled to benefits under such title who are enrolled pursuant to this Act with a HMO. Directs the Secretary to define classes of members based on such factors as age, sex, institutional status, disability status, and place of residence. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than a HMO. Redefines HMO to mean a public or private organization which is a qualified HMO as defined in the Public Health Service Act or which: (1) provides at least physicians' services, inpatient hospital services, laboratory, X-ray, emergency, and preventive services, and out of area coverage; (2) is compensated on a fixed periodic basis; (3) provides physicians' services primarily either directly through physicians of the organization or through arrangements with physicians; (4) assumes full financial risk for services provided; and (5) has provided adequately against insolvency. Sets forth provisions governing: (1) the benefit package; (2) limits on deductibles, coinsurance, and copayments; (3) providers; (4) open enrollment; (5) expulsion of members; (6) availability of services; (7) grievance procedures; and (8) quality assurance. Provides that every individual entitled to benefits under part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) of title XVIII or part B only shall be eligible to enroll with a HMO with which the Secretary has contracted to provide services. Sets limits on an HMO's premium rate and the actuarial value of its deductibles, coinsurance, and copayments charged for individuals enrolled under this Act. Authorizes the Secretary to contract with any HMO that can provide the benefits required by this Act. Directs the Secretary to conduct studies of: (1) any services offered by an HMO in addition to those provided under the Medicare program; and (2) the reasons why Medicare beneficiaries terminate memberships with HMOs. Requires the Secretary to report to Congress concerning such studies. Directs the Secretary to defer specified periodic interim payments to hospitals until fiscal year 1982. States that further spending reductions are contained in the Social Security Disability Amendments of 1980 and the Adoption Assistance and Child Welfare Act of 1980. Amends the Emergency Jobs and Unemployment Assistance Act of 1974 to terminate reimbursement of States for unemployment benefits paid on the basis of public service employment after October 1, 1980. Permits ex-servicemen to be paid unemployment compensation for Federal service only if it was continuous active service of more than one year (formerly 90 days). Amends the Federal-State Extended Unemployment Compensation Act of 1970 to prohibit payments of extended compensation pursuant to interstate claims filed in any State for which an extended benefit period is not in effect. Repeals the Act (currently pending before Congress) to improve adjustment assistance for workers and firms under the Trade Act of 1974. Title IX: House Committee on Ways and Means; Revenue Increases - Mortgage Subsidy Bond Tax Act of 1980 - Amends the Internal Revenue Code to deny a tax exclusion of the interest on State and local mortgage subsidy bonds (except qualified mortgage bonds and qualified veterans' mortgage bonds). Defines "mortgage subsidy bonds" as bonds which are used to finance mortgages on owner-occupied residences. Defines "qualified veterans' mortgage bonds" as obligations which are issued in registered form and which are used to finance mortgages for veterans' housing. Requires that the proceeds of such bonds be used to finance new mortgages only and that the principal and interest of such bonds be secured by the general obligation of a State. Sets forth requirements for the qualification of mortgage bonds for the interest tax exclusion, including requirements that: (1) such bonds are used to finance mortgages on single family residences which are purchased as the principal residence of the mortgagor and which are located in the jurisdiction of the issuing authority; (2) the mortgagor was not a homeowner within the three year period ending on the date the mortgage is executed (not applicable to rehabilitation loans, home improvement loans, and targeted area mortgages); (3) the purchase price of the residence does not exceed 80 percent of the average area purchase price applicable to such residence (110 percent for residences in targeted areas); (4) 75 percent of the bond issue proceeds is used to finance residences with a downpayment requirement of five percent and 95 percent financing; and (5) the income of the mortgagors as a whole must be 115 percent or less than the mean family income for the statistical area in which the residence is located (140 percent for targeted areas), and at least 50 percent of the bond issue proceeds are available for families whose income is 90 percent or less of such average income. Provides that a showing that the issuing authority has attempted in good faith to satisfy all the requirements of this Act, or that 95 percent of the mortgages issued pursuant to this Act are in compliance with its requirements, will cure a failure to meet any particular requirement, provided that such failure is corrected within a reasonable time after its discovery. Terminates the tax exclusion for interest on qualified mortgage bonds two years after the enactment of this Act. Limits the amount of qualified mortgage bonds which a State may issue to the greater of $50,000,000 or five percent of the average of all mortgages originated in such State in the preceding three years. Requires that at least 20 percent (but not more than 40 percent) of such mortgage bonds be made available for targeted areas. Defines "targeted areas" as areas in which 70 percent of the families have incomes of not more than 80 percent of the statewide median income or areas of chronic economic distress as defined by such States subject to the approval of the Secretaries of the Treasury and Housing and Urban Development. Limits the effective interest rate on mortgages under this Act to one percentage point above the yield to maturity to the purchasers of the mortgage bonds, calculated on the date of issuance. Requires the inclusion of fees, charges, and other amounts borne by the mortgagor in determining the effective rate of interest on the mortgage. Requires the application of excess arbitrage earnings to the reduction of the costs of owner-financing under this Act. Requires State agencies to publish an opinion prior to a bond issue that such issue meets the requirements imposed by this Act with respect to market limitations on the issuance of bonds and investment in targeted areas. Requires the registration of bonds issued pursuant to this Act. Requires the origination of bonds issued pursuant to this Act by at least two individuals, unless no more than one individual is willing to originate the mortgage or there is a sound public purpose in having only one originator. Requires that mortgages issued pursuant to this Act must be new mortgages, with limited exceptions. Requires individuals assuming mortgages financed pursuant to this Act to meet the requirements imposed upon the original mortgagors. Restricts the use of tax-exempt industrial development bonds for residential rental projects which have a 20 percent occupancy of low-or moderate-income individuals. States that the effective date of this Act shall be April 24, 1979. Permits the tax exemption of bonds not in conformity with the requirements of this Act if the issuing authority had taken, prior to April 25, 1979, official action which indicated an intent to issue such bonds. Permits State housing finance agencies to issue up to $150,000,000 of tax-exempt mortgage subsidy bonds without regard to whether such agencies took official action to issue such bonds prior to April 25, 1979. Permits the issuance of tax-exempt mortgage subsidy bonds not in conformity with the requirements of this Act in the case of local government programs which provide housing rehabilitation loans and with respect to projects which had reached specified stages of development prior to April 25, 1979. Permits the tax free rollover of bonds which were tax-exempt prior to April 24, 1979, where the maturity date of such bonds is not longer than two years after the life of the initial mortgages on the property. Permits the issuance of tax-exempt mortgage subsidy bonds not in conformity with the requirements of this Act in the case of local governments which were developing bond proposals before April 24, 1979, but which deferred such proposals due to State legislation which was pending on April 1, 1979, and subsequently enacted on April 26, 1979 (describes a situation peculiar to the State of Kansas). Requires large corporations (those with a taxable income of $1,000,000 or more for any of the preceding three taxable years) to pay at least 60 percent of their tax paid the preceding year as their estimated income tax installment in the current year. Environmental Revenue Act of 1980 - Imposes specified excise taxes on crude oil, imported petroleum products, specified petrochemical feedstocks, and specified inorganic substances. Terminates such taxes after September 30, 1985. Sets forth exceptions to such excise taxes. Establishes a Comprehensive Oil Pollution Liability Trust Fund and a Hazardous Substance Pollution Liability Trust Fund consisting of: (1) such excise taxes; (2) Oil Pollution Trust Fund; and (3) penalties imposed under the Comprehensive Oil Pollution Liability and Compensation Act or the Federal Water Pollution Act. Terminates such Funds after September 30, 1985. Makes such Funds available for paying claims for compensable damages which are recognizable under such Acts and for costs incurred by the United States. Permits loans between such Funds in specified circumstances. Limits the payment of claims by such Funds. Requires claims to be paid in the order they were finally determined. Limits the liability of the United States to the amounts in such Funds. Coordinates this Act with the Comprehensive Oil Pollution Liability and Compensation Act. Treats a surplus in the Trans-Alaska Pipeline Liability Fund as an advance payment of the excise tax imposed by this Act. Requires the Secretary of the Treasury, in consultation with other Federal officials, to study and report to Congress concerning different methods of imposing such taxes, tax exemptions, and the impact of such taxes on the U.S. balance of trade. Hazardous Waste Revenue Act of 1980 - Imposes specified excise taxes on crude oil, imported petroleum products, specified petrochemical feedstocks, and specified inorganic substances. Terminates such taxes after September 30, 1985. Sets forth exceptions to such taxes. Establishes the Hazardous Waste Response Trust Fund consisting of such excise taxes and amounts received pursuant to the Solid Waste Disposal Act. Makes such Funds available for emergency response, removal, containment, cleanup, and other action taken under such Act. Limits the amount which may be spent in any fiscal year. Terminates such Fund after September 30, 1985. Coordinates this Act with the Hazardous Waste Containment Act of 1980. Directs the Secretary of the Treasury, in consultation with other Federal officials, to study and report to Congress concerning different methods of taxes, tax exemptions, and the impact of such taxes on the U.S. balance of trade. Continues the telephone excise tax at two percent through 1981. Extends the tax until January 1, 1983 (from 1982). Foreign Investment in Real Estate Tax Act of 1980 - Amends the Internal Revenue Code to tax nonresident aliens and foreign corporations engaged in a trade or business in the United States on the same basis as U.S. citizens. Provides that gains or losses realized by such aliens or foreign corporations from the sale or exchange of U.S. real property interest shall be afforded the same tax treatment as similar gains and losses of U.S. citizens. Defines "U.S. real property interest" as either: (1) an interest in real property located in the United States; (2) stock in a U.S. real property holding organization (a business entity in which U.S. real property interests constitute more than 50 percent of the fair market value of the entity's total assets). Exempts publicly traded stocks from such definition (and the requirements of this Act) if the foreign owner held less than five percent of such publicly traded stock. Includes within the term "interest in real property" fee ownership and co-ownership of land or improvements thereon, leaseholds of land or improvements, and options to acquire such leaseholds of land or improvements. Requires that an informational return concerning holdings and transactions be filed with the Secretary of the Treasury by: (1) an organization whose U.S. real property interests constitute more than 40 percent of the fair market value of its assets and one or more of the owners are foreign persons; or (2) a foreign person owning or receiving installment payments from the disposition of U.S. real property interests valued in excess of $5,000. Prescribes civil penalties for organizations which or foreign persons who fail to file such returns. Overrides, for taxable years after December 31, 1984, tax treaties which would exempt foreign investors from the requirements established by this Act. Amends the Internal Revenue Code and the Social Security Act to include payments of the employees' social security and unemployment taxes within the employees' wages for purposes of benefit computation, except for domestic servants. Exempts such payments by governmental units until January 1, 1984.

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5 official files

• Public Law (PDF)

  Public Law · EN · 6 December 1980

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• Conference report filed in House

  summary · EN · 26 November 1980

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• Passed Senate amended

  summary · EN · 17 September 1980

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• Passed House amended

  summary · EN · 4 September 1980

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• Introduced in House

  summary · EN · 21 July 1980

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