HR 2990 EAS

In the Senate of the United States,

October 14, 1999.

Resolved, That the bill from the House of Representatives (H.R. 2990) entitled `An Act to amend the Internal Revenue Code of 1986 to allow individuals greater access to health insurance through a health care tax deduction, a long-term care deduction, and other health-related tax incentives, to amend the Employee Retirement Income Security Act of 1974 to provide access to and choice in health care through association health plans, to amend the Public Health Service Act to create new pooling opportunities for small employers to obtain greater access to health coverage through HealthMarts; to amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage; and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--PATIENTS' BILL OF RIGHTS

Subtitle A--Right to Advice and Care

`SUBPART C--PATIENT RIGHT TO MEDICAL ADVICE AND CARE

`Sec. 721. Patient access to emergency medical care.

`Sec. 722. Offering of choice of coverage options.

`Sec. 723. Patient access to obstetric and gynecological care.

`Sec. 724. Patient access to pediatric care.

`Sec. 725. Timely access to specialists.

`Sec. 726. Continuity of care.

`Sec. 727. Protection of patient-provider communications.

`Sec. 728. Patient's right to prescription drugs.

`Sec. 729. Self-payment for behavioral health care services.

`Sec. 730. Coverage for individuals participating in approved cancer clinical trials.

`Sec. 730A. Prohibiting discrimination against providers.

`Sec. 730B. Generally applicable provision.'.

`SUBCHAPTER C--PATIENT RIGHT TO MEDICAL ADVICE AND CARE

`Sec. 9821. Patient access to emergency medical care.

`Sec. 9822. Offering of choice of coverage options.

`Sec. 9823. Patient access to obstetric and gynecological care.

`Sec. 9824. Patient access to pediatric care.

`Sec. 9825. Timely access to specialists.

`Sec. 9826. Continuity of care.

`Sec. 9827. Protection of patient-provider communications.

`Sec. 9828. Patient's right to prescription drugs.

`Sec. 9829. Self-payment for behavioral health care services.

`Sec. 9830. Coverage for individuals participating in approved cancer clinical trials.

`Sec. 9830A. Prohibiting discrimination against providers.

`Sec. 9830B. Generally applicable provision.'.

Subtitle B--Right to Information About Plans and Providers

Subtitle C--Right to Hold Health Plans Accountable

TITLE II--WOMEN'S HEALTH AND CANCER RIGHTS

TITLE III--GENETIC INFORMATION AND SERVICES

TITLE IV--HEALTHCARE RESEARCH AND QUALITY

`TITLE IX--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

`Part A--Establishment and General Duties

`Sec. 901. Mission and duties.

`Sec. 902. General authorities.

`Part B--Healthcare Improvement Research

`Sec. 911. Healthcare outcome improvement research.

`Sec. 912. Private-public partnerships to improve organization and delivery.

`Sec. 913. Information on quality and cost of care.

`Sec. 914. Information systems for healthcare improvement.

`Sec. 915. Research supporting primary care and access in underserved areas.

`Sec. 916. Clinical practice and technology innovation.

`Sec. 917. Coordination of Federal government quality improvement efforts.

`Part C--General Provisions

`Sec. 921. Advisory Council for Healthcare Research and Quality.

`Sec. 922. Peer review with respect to grants and contracts.

`Sec. 923. Certain provisions with respect to development, collection, and dissemination of data.

`Sec. 924. Dissemination of information.

`Sec. 925. Additional provisions with respect to grants and contracts.

`Sec. 926. Certain administrative authorities.

`Sec. 927. Funding.

`Sec. 928. Definitions.'.

TITLE V--ENHANCED ACCESS TO HEALTH INSURANCE COVERAGE

TITLE VI--PROVISIONS RELATING TO LONG-TERM CARE INSURANCE

TITLE VII--INDIVIDUAL RETIREMENT PLANS

TITLE VIII--REVENUE PROVISIONS

TITLE IX--MISCELLANEOUS PROVISIONS

TITLE I--PATIENTS' BILL OF RIGHTS

Subtitle A--Right to Advice and Care

SEC. 101. PATIENT RIGHT TO MEDICAL ADVICE AND CARE.

`Subpart C--Patient Right to Medical Advice and Care

`SEC. 721. PATIENT ACCESS TO EMERGENCY MEDICAL CARE.

`SEC. 722. OFFERING OF CHOICE OF COVERAGE OPTIONS.

`SEC. 723. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.

`SEC. 724. PATIENT ACCESS TO PEDIATRIC CARE.

`SEC. 725. TIMELY ACCESS TO SPECIALISTS.

`SEC. 726. CONTINUITY OF CARE.

`SEC. 727. PROTECTION OF PATIENT-PROVIDER COMMUNICATIONS.

`SEC. 728. PATIENT'S RIGHT TO PRESCRIPTION DRUGS.

`SEC. 729. SELF-PAYMENT FOR BEHAVIORAL HEALTH CARE SERVICES.

`SEC. 730. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CANCER CLINICAL TRIALS.

`SEC. 730A. PROHIBITING DISCRIMINATION AGAINST PROVIDERS.

`SEC. 730B. GENERALLY APPLICABLE PROVISION.

`SUBPART C--PATIENT RIGHT TO MEDICAL ADVICE AND CARE

SEC. 102. CONFORMING AMENDMENT TO THE INTERNAL REVENUE CODE OF 1986.

`Subchapter C--Patient Right to Medical Advice and Care

`SEC. 9821. PATIENT ACCESS TO EMERGENCY MEDICAL CARE.

`SEC. 9822. OFFERING OF CHOICE OF COVERAGE OPTIONS.

`SEC. 9823. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.

`SEC. 9824. PATIENT ACCESS TO PEDIATRIC CARE.

`SEC. 9825. TIMELY ACCESS TO SPECIALISTS.

`SEC. 9826. CONTINUITY OF CARE.

`SEC. 9827. PROTECTION OF PATIENT-PROVIDER COMMUNICATIONS.

`SEC. 9828. PATIENT'S RIGHT TO PRESCRIPTION DRUGS.

`SEC. 9829. SELF-PAYMENT FOR BEHAVIORAL HEALTH CARE SERVICES.

`SEC. 9830. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CANCER CLINICAL TRIALS.

`SEC. 9830A. PROHIBITING DISCRIMINATION AGAINST PROVIDERS.

`SEC. 9830B. GENERALLY APPLICABLE PROVISION.

SEC. 103. EFFECTIVE DATE AND RELATED RULES.

Subtitle B--Right to Information About Plans and Providers

SEC. 111. INFORMATION ABOUT PLANS.

`SEC. 714. HEALTH PLAN COMPARATIVE INFORMATION.

`Sec. 714. Health plan comparative information.'.

`SEC. 9813. HEALTH PLAN COMPARATIVE INFORMATION.

SEC. 112. INFORMATION ABOUT PROVIDERS.

Subtitle C--Right to Hold Health Plans Accountable

SEC. 121. AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

`SEC. 503. CLAIMS PROCEDURE, COVERAGE DETERMINATION, GRIEVANCES AND APPEALS.

TITLE II--WOMEN'S HEALTH AND CANCER RIGHTS

SEC. 201. WOMEN'S HEALTH AND CANCER RIGHTS.

`SEC. 715. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS.

`SEC. 2707. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS.

`SEC. 2753. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND SECONDARY CONSULTATIONS.

`SEC. 9814. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS.

TITLE III--GENETIC INFORMATION AND SERVICES

SEC. 301. SHORT TITLE.

SEC. 302. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

`SEC. 716. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE BASIS OF PREDICTIVE GENETIC INFORMATION.

SEC. 303. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

`SEC. 2708. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP MARKET.

`SEC. 2754. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF PREDICTIVE GENETIC INFORMATION.

SEC. 304. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

`SEC. 9815. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE BASIS OF PREDICTIVE GENETIC INFORMATION.

TITLE IV--HEALTHCARE RESEARCH AND QUALITY

SEC. 401. SHORT TITLE.

SEC. 402. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

`TITLE IX--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

`PART A--ESTABLISHMENT AND GENERAL DUTIES

`SEC. 901. MISSION AND DUTIES.

`SEC. 902. GENERAL AUTHORITIES.

`PART B--HEALTHCARE IMPROVEMENT RESEARCH

`SEC. 911. HEALTHCARE OUTCOME IMPROVEMENT RESEARCH.

`SEC. 912. PRIVATE-PUBLIC PARTNERSHIPS TO IMPROVE ORGANIZATION AND DELIVERY.

`SEC. 913. INFORMATION ON QUALITY AND COST OF CARE.

`SEC. 914. INFORMATION SYSTEMS FOR HEALTHCARE IMPROVEMENT.

`SEC. 915. RESEARCH SUPPORTING PRIMARY CARE AND ACCESS IN UNDERSERVED AREAS.

`SEC. 916. CLINICAL PRACTICE AND TECHNOLOGY INNOVATION.

`SEC. 917. COORDINATION OF FEDERAL GOVERNMENT QUALITY IMPROVEMENT EFFORTS.

`PART C--GENERAL PROVISIONS

`SEC. 921. ADVISORY COUNCIL FOR HEALTHCARE RESEARCH AND QUALITY.

`SEC. 922. PEER REVIEW WITH RESPECT TO GRANTS AND CONTRACTS.

`SEC. 923. CERTAIN PROVISIONS WITH RESPECT TO DEVELOPMENT, COLLECTION, AND DISSEMINATION OF DATA.

`SEC. 924. DISSEMINATION OF INFORMATION.

`SEC. 925. ADDITIONAL PROVISIONS WITH RESPECT TO GRANTS AND CONTRACTS.

`SEC. 926. CERTAIN ADMINISTRATIVE AUTHORITIES.

`SEC. 927. FUNDING.

`SEC. 928. DEFINITIONS.

SEC. 403. REFERENCES.

TITLE V--ENHANCED ACCESS TO HEALTH INSURANCE COVERAGE

SEC. 501. FULL DEDUCTION OF HEALTH INSURANCE COSTS FOR SELF-EMPLOYED INDIVIDUALS.

SEC. 502. FULL AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.

SEC. 503. PERMITTING CONTRIBUTION TOWARDS MEDICAL SAVINGS ACCOUNT THROUGH FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP).

SEC. 504. CARRYOVER OF UNUSED BENEFITS FROM CAFETERIA PLANS, FLEXIBLE SPENDING ARRANGEMENTS, AND HEALTH FLEXIBLE SPENDING ACCOUNTS.

TITLE VI--PROVISIONS RELATING TO LONG-TERM CARE INSURANCE

SEC. 601. INCLUSION OF QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS IN CAFETERIA PLANS, FLEXIBLE SPENDING ARRANGEMENTS, AND HEALTH FLEXIBLE SPENDING ACCOUNTS.

SEC. 602. DEDUCTION FOR PREMIUMS FOR LONG-TERM CARE INSURANCE.

`SEC. 222. PREMIUMS FOR LONG-TERM CARE INSURANCE.

SEC. 603. STUDY OF LONG-TERM CARE NEEDS IN THE 21ST CENTURY.

TITLE VII--INDIVIDUAL RETIREMENT PLANS

SEC. 701. MODIFICATION OF INCOME LIMITS ON CONTRIBUTIONS AND ROLLOVERS TO ROTH IRAS.

TITLE VIII--REVENUE PROVISIONS

SEC. 801. MODIFICATION TO FOREIGN TAX CREDIT CARRYBACK AND CARRYOVER PERIODS.

SEC. 802. LIMITATION ON USE OF NON-ACCRUAL EXPERIENCE METHOD OF ACCOUNTING.

SEC. 803. RETURNS RELATING TO CANCELLATIONS OF INDEBTEDNESS BY ORGANIZATIONS LENDING MONEY.

SEC. 804. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.

`SEC. 7527. INTERNAL REVENUE SERVICE USER FEES.

`Category

Average Fee

Employee plan ruling and opinion

$250

Exempt organization ruling

$350

Employee plan determination

$300

Exempt organization determination

$275

Chief counsel ruling

$200.

SEC. 805. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME MANNER AS ASSUMPTION OF LIABILITY.

SEC. 806. CHARITABLE SPLIT-DOLLAR LIFE INSURANCE, ANNUITY, AND ENDOWMENT CONTRACTS.

SEC. 807. TRANSFER OF EXCESS DEFINED BENEFIT PLAN ASSETS FOR RETIREE HEALTH BENEFITS.

SEC. 808. LIMITATIONS ON WELFARE BENEFIT FUNDS OF 10 OR MORE EMPLOYER PLANS.

SEC. 809. MODIFICATION OF INSTALLMENT METHOD AND REPEAL OF INSTALLMENT METHOD FOR ACCRUAL METHOD TAXPAYERS.

SEC. 810. INCLUSION OF CERTAIN VACCINES AGAINST STREPTOCOCCUS PNEUMONIAE TO LIST OF TAXABLE VACCINES.

TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. MEDICARE COMPETITIVE PRICING DEMONSTRATION PROJECT.

Attest:

Secretary.

106th CONGRESS

1st Session

H. R. 2990

AMENDMENT

END