HR 16 IH
106th CONGRESS
1st Session
H. R. 16
To provide a program of national health insurance, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. DINGELL introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide a program of national health insurance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
That this Act, with the following table of contents, may be cited as the
`National Health Insurance Act'.
TABLE OF CONTENTS
Secs. 2-5. Declaration of purpose.
TITLE I--BENEFITS AND ELIGIBILITY
Sec. 101. Classes of personal health services.
Sec. 102. Availability of benefits.
Sec. 103. How benefits obtained; free choice by patient.
Sec. 104. Eligibility for benefits.
Sec. 105. Provision of benefits for noninsured needy and other
individuals.
TITLE II--PARTICIPATION OF PHYSICIANS, DENTISTS, NURSES, HOSPITALS, AND
OTHERS
Sec. 201. Physicians and dentists; specialists.
Sec. 204. Auxiliary services.
Sec. 205. Agreements with individual practitioners, hospitals, and
others.
Sec. 206. Agreements with voluntary health insurance and other
organizations.
Sec. 207. Provisions common to all agreements.
Sec. 208. Methods of payments for services.
Sec. 209. Amount of payments for services.
Sec. 210. Professional rights and responsibilities.
TITLE III--LOCAL ADMINISTRATION
Sec. 301. Decentralization of administration.
Sec. 302. Local administrative committee or officer.
Sec. 303. Local area committees.
Sec. 304. Local professional committees.
Sec. 305. Methods of administration.
TITLE IV--STATE ADMINISTRATION
Sec. 401. Declaration of policy.
Sec. 402. State plan of operations.
TITLE V--NATIONAL HEALTH INSURANCE BOARD; NATIONAL ADVISORY MEDICAL POLICY
COUNCIL; GENERAL ADMINISTRATIVE PROVISIONS
Sec. 501. National Health Insurance Board.
Sec. 502. Advisory Council.
Sec. 503. Studies, recommendations, and reports.
Sec. 504. Nondisclosure of information.
Sec. 505. Prohibition against discrimination.
TITLE VI--ELIGIBILITY DETERMINATIONS, COMPLAINTS, HEARINGS, AND JUDICIAL
REVIEW
Sec. 601. Determinations as to eligibility for benefits.
Sec. 602. Complaints of eligible individuals and of persons furnishing
benefits.
TITLE VII--APPLICATION OF ACT TO INDIVIDUALS COVERED UNDER MEDICARE
PROGRAM
Sec. 701. Eligibility; benefits available.
Sec. 702. Study and report.
TITLE VIII--FISCAL PROVISIONS
Sec. 801. Personal health services account.
Sec. 802. Allotment of funds.
Sec. 803. Grants-in-aid for training and education.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 902. Effective date.
TITLE X--VALUE ADDED TAX AND NATIONAL HEALTH CARE TRUST FUND
Sec. 1001. Imposition of value added tax.
Sec. 1002. Revenue from value added tax to fund National Health Care
Trust Fund.
TITLE XI--STUDY AND DEVELOPMENT OF COST CONTROL MECHANISMS
Sec. 1101. Development of cost control mechanisms.
findings and declaration of purpose
SEC. 2. (a) The Congress finds that--
(1) the health of the Nation's people is the foundation of our Nation's
strength, productivity, and wealth;
(2) the assurance of adequate medical care to all of our people is
essential to the general welfare and to the Nation's security;
(3) since the tremendous advances in medical science in recent years
have necessarily meant great advances in the cost of health services, our
archaic system of paying for medical care--based on public and private
charity for the poor, on unpredictable and often unbearable costs to the
otherwise self-supporting, and on disproportionate charges for the
well-to-do--has resulted in the following conditions:
(A) the inability of the vast majority of our people to meet the
shattering cost of serious or chronic illness;
(B) the inability of most of our people to benefit from modern
preventive medicine; and
(C) wholly inadequate provision for the health needs of our farm
families and agricultural workers;
(4) the conditions described in the preceding paragraph cannot
effectively be remedied under the present system of payment for medical
care, or under any voluntary insurance system; and
(5) a medical dole as an answer to this problem is repugnant to the
American people and would certainly result in a system of state medicine,
paid for from tax funds and rendered by regimented doctors.
(b) The Congress declares the purposes of this Act to be to provide a
sound economic foundation for our free system of medicine and to correct the
maldistribution of health personnel and facilities by establishing a system of
prepaid personal health insurance on the principle of social insurance.
SEC. 3. In establishing a system of national health insurance, it is the
policy of this Act that those persons and their dependents who are insured
under the provisions
of the Act shall be assured full freedom to choose their physicians and to
change their choice as they may desire; that physicians and other professions
furnishing services in accordance with the provisions of this Act shall be
assured full freedom in the practice of their professions, including the right
to accept or reject patients except as this right may be restricted by their own
professional ethics or by the laws of the several States; and that the
administration of this Act shall be based upon the American principle of
decentralization.
SEC. 4. In carrying out these policies, it is the intention of Congress
that the major administrative responsibilities be placed in the hands of local
bodies representing both those who pay for and receive services and those who
render services, and operating within the framework of plans made by the
several States, and approved by the Federal agency; that the National Health
Care Trust Fund created by this Act shall be allotted equitably among the
several States and by the States to their local areas; that voluntary as well
as governmental organizations shall be recognized and utilized; and that all
eligible individuals and their dependents as specified in this Act shall be
entitled to its benefits without discrimination because of race, color, or
creed.
TITLE I--BENEFITS AND ELIGIBILITY
CLASSES OF PERSONAL HEALTH SERVICES
SEC. 101. (a) The personal health services to be made available as
benefits to eligible individuals as provided in this title are medical
services, dental services, podiatric services, home-nursing services, hospital
services, and auxiliary services. Each class of services shall be provided by
persons (including individuals, partnerships, corporations, associations,
consumer cooperatives, and other organizations) who are authorized by
applicable State law, and who are qualified under title II of this Act, to do
so.
(b) Medical services consist of (1) general medical services such as can
be rendered by a physician engaged in the general or family practice of
medicine, including preventive, diagnostic, and therapeutic care and periodic
medical examinations; and (2) specialist services rendered by a physician who
is a specialist in the class of services rendered, as defined in section 201
of this Act. Such services may be rendered at the office, home, hospital, or
elsewhere, as necessary.
(c) Dental services consist of (1) general dental services rendered by a
dentist engaged in the general practice of dentistry, including preventive,
diagnostic, and therapeutic care, and periodic dental examinations; and (2)
specialist services rendered by a dentist who is a specialist in the class of
services rendered, as defined in section 201 of this Act. Such services may be
rendered at the office, home, hospital, or elsewhere, as necessary.
(d) Podiatric services consist of those professional services of a
podiatrist who is legally authorized to perform such services in the State in
which he practices.
(e) Home-nursing services consist of nursing care of the sick rendered in
the home by a registered professional nurse or a qualified practical nurse.
(f) Hospital services consist of hospitalization, including necessary
nursing services, and such physician, laboratory, ambulance, and other
services in connection with hospitalization as the National Health Insurance
Board (hereinafter in this Act referred to as the `Board'), after consultation
with the National Advisory Medical Policy Council (hereinafter in this Act
referred to as the `Advisory Council'), by regulation designates as essential
to good hospital care, for a maximum of sixty days in any benefit year; but
hospital services shall not include hospitalization in a mental disease
hospital or institution, or hospitalization for any day more than thirty days
following the diagnosis of a psychosis. Whenever the Board, after consultation
with the Advisory Council, finds that moneys in the account (established by
section 701) are adequate and that facilities are available, it may by
regulation increase the maximum days of hospitalization in any benefit
year.
(g) Auxiliary services consist of such chemical, bacteriological,
pathological, diagnostic X-ray and related laboratory services; X-ray, radium,
and related therapy; physiotherapy; services of optometrists; and prescribed
drugs which are unusually expensive, special appliances, and eyeglasses; as
the Board, after consultation with the Advisory Council, by regulation
designates as auxiliary services on the basis of its finding that their
provision under this Act is practicable and is essential to good health
care.
availability of benefits
SEC. 102. (a) Medical services, hospital services, and, except as
otherwise provided in subsection (b) of this section, all other personal
health services specified in section 101 shall be made available (subject to
section 701) as benefits to eligible individuals in all health-service areas
within the United States as rapidly and as completely as possible having
regard for the availability of the professional and technical personnel and
the hospital and other facilities needed to provide such services. To this end
the resources and needs of each State shall be surveyed and a program
developed in each State to assure the maximum participation and use of health
personnel and facilities in the provision of benefits, and to encourage
improvement
in the number and distribution of such personnel and facilities throughout
the State. Additional surveys shall be undertaken as required, and the program
in the State from time to time modified on the basis thereof.
(b) If the Board, after consultation with the Advisory Council, finds that
the personnel or facilities or funds that are or can be made available are
inadequate to insure the provision of all services included as dental,
home-nursing, or auxiliary services under section 101 of this Act, it may by
regulation limit for a specified period the services which may be provided as
benefits, or modify the extent to which, or the circumstances under which,
they will be provided to eligible individuals. Any such restriction or
limitation shall be reduced or withdrawn as rapidly as may be practicable;
and, in the case of dental services, priority in the reduction or withdrawal
of any such restriction or limitation shall be given to children.
(c) The Board shall have the duty of studying and making recommendations
as to needed services and facilities for the care of the chronic sick
afflicted with physical ailments, and for the care of individuals afflicted
with mental or nervous diseases, and as to needed provisions for the
prevention of chronic physical diseases and of mental or nervous diseases; and
of making reports from time to time, with recommendations as to legislation,
but the first such report shall be made not later than two years after
benefits under this Act first become available.
HOW BENEFITS OBTAINED: FREE CHOICE BY PATIENT
SEC. 103. Every individual eligible for personal health services available
under this Act may freely select the physician, dentist, podiatrist, nurse,
medical group, hospital, or other person of his choice to render such
services, and may change such selection if the practitioner, medical group,
hospital, or other person has agreed under title II of this Act to furnish the
class of services required and consents to furnish such services to the
individual. General medical, dental, and podiatric services may be obtained by
request made by the individual directly to the practitioner of the
individual's choice. Specialist, home-nursing, hospital, and auxiliary
services shall be obtained from the specialist, nurse, hospital, or other
person of the individual's choice, whenever the practitioner from whom he is
receiving medical or dental services as benefits under this Act refers him for
specialist, home-nursing, hospital, or auxiliary services upon determining
that such services are required in the proper care of his particular case; or
whenever, upon request of the individual, an administrative medical officer,
upon a like determination, refers him for such services. The Board, by
regulation, shall dispense with the necessity of referral in cases of
emergency, and may dispense with the necessity of referral under specified
circumstances or as respects specified classes of services, or both, if it
finds, after consultation with the Advisory Council, that such action will be
conducive to the provision of a more adequate amount and quality of health
care and will not unreasonably increase the expenditures from the account for
such services.
eligibility for benefits
SEC. 104. (a) Subject to section 701, every individual shall be eligible
for benefits under this Act throughout any benefit year if--
(1) he has received (or, in the case of income from self-employment, has
accrued)--
(A) not less than $2,000 in wages during the first four of the last
six calendar quarters preceding the beginning of the benefit year;
or
(B) not less than $1,500 in wages in each of six calendar quarters
during the first twelve of the last fourteen calendar quarters preceding
the beginning of the benefit year (not counting as one of such fourteen
calendar quarters any quarter in any part of which the individual was
under a total disability which continued for six months or more);
(2) he is entitled, for the first month in the benefit year, to a
benefit under title II of the Social Security Act or to an annuity under
subchapter III (relating to civil service retirement) of chapter 83 of title
5, United States Code; or
(3) he is on the first day of the benefit year a dependent of an
individual who is eligible under paragraph (1) or paragraph (2).
(b) Subject to section 701, every individual, not eligible therefor under
subsection (a), shall be eligible for benefits under this Act during the
remainder of a benefit year, beginning with--
(1) the first day of any calendar quarter in such benefit year, if he
has received (or, in the case of income from self-employment, has accrued)
not less than $150 in wages during the first four of the last six calendar
quarters preceding the beginning of such calendar quarter;
(2) the first day of the first month in such benefit year for which he
is entitled to a benefit or annuity referred to in subsection (a)(2);
or
(3) the first day in such benefit year on which he is or becomes a
dependent of an individual who is eligible for benefits under subsection (a)
(1) or (2) under paragraph (1) or (2) of this subsection.
(c) No individual shall be deemed eligible for any personal health
services as a benefit under this Act which
are required by reason of any injury, disease, or disability on account of
which any medical, dental, home-nursing, hospital, or auxiliary service is being
received, or upon application therefor would be received, under a workmen's
compensation law of the United States or of any State, unless equitable
reimbursements to the fund for the provision of such services as benefits have
been made or assured under section 105 of this Act. In any case in which an
individual receives any personal health service as a benefit under this Act with
respect to any such injury, disease, or disability, for which no reimbursement
to the fund has been made or assured, the United States shall to the extent
permitted by State law be subrogated to all rights of such individual, or of the
person who furnished such service, to be paid or reimbursed, pursuant to such
workmen's compensation law, for the cost of furnishing such service.
provision of benefits for noninsured needy and other individuals
SEC. 105. (a) Subject to section 701, any or all benefits provided under
this Act to individuals eligible for such benefits may be furnished to
individuals (including the needy) not otherwise eligible therefor, for any
period for which equitable reimbursements to the account on behalf of such
needy or other individuals have been made, or for which reasonable assurance
of such reimbursements have been given, by public agencies of the United
States, the several States, or any of them or of their political subdivisions,
such reimbursements to be in accordance with agreements and working
arrangements negotiated with such public agencies. Services furnished to such
needy or other individuals as benefits shall be of the same quality, be
furnished by the same methods, and be paid for through the same arrangements,
as services furnished to individuals eligible for benefits under this Act.
(b) Federal grants to States under title XIX, and part A of title IV, of
the Social Security Act, and Federal grants to States for aid or assistance
under other provisions of such Act, shall be available to the States for
provision of personal-health services for noninsured needy individuals in
accordance with the provisions of subsection (a) of this section.
TITLE II--PARTICIPATION OF PHYSICIANS, DENTISTS, NURSES, HOSPITALS, AND
OTHERS
PHYSICIANS AND DENTISTS; SPECIALISTS
SEC. 201. Any individual who is a physician, dentist, or podiatrist
legally authorized in a State to render any services included as general
medical, dental, or podiatric services shall be deemed qualified to render
such services in that State as benefits under this Act. Any such individual
who is found to possess skill and experience of a degree and kind sufficient
to meet standards established for a class of specialist services shall be
deemed qualified to receive compensation for specialist services of such class
as benefits under this Act. The Board, after consultation with the Advisory
Council, shall establish standards as to the special skills and experience
required to qualify an individual to render each such class of specialist
services as benefits under this Act, and to receive compensation for such
specialist services. In establishing such standards and in determining whether
individuals qualify thereunder, standards and certifications developed by
professional agencies shall be utilized as far as is consistent with the
purposes of this Act, and regard shall be had for the varying needs and the
available resources in professional personnel of the States and of local
health-service areas.
nurses
SEC. 202. Any individual shall be deemed qualified to render home-nursing
services in a State as benefits under this title if such individual is (a) a
professional nurse registered in such State, or (b) a practical nurse (1) who
is qualified as such under State standards or requirements, or, in the absence
of State standards or requirements, is found to be qualified under standards
established by the Board after consultation with the Advisory Council and with
nursing agencies, and (2) who furnishes nursing care under the direction or
supervision of the State health agency, the health agency of a political
subdivision of the State, or an organization supplying and supervising the
services of registered professional nurses in the State.
hospitals
SEC. 203. Any hospital or other institution shall be deemed qualified to
furnish all or particular classes of hospital services as benefits under this
Act if it is qualified to furnish such services under State standards or
requirements for the maintenance and operation of hospitals which apply to the
class or classes of services to be furnished, or if, in the absence of such
State standards or requirements, it is found to afford professional services,
personnel, and equipment adequate to promote the health and safety of
individuals requiring the class or classes of hospital services to be
furnished, according to standards which the Board shall establish after
consultation with the Advisory Council.
auxiliary services
SEC. 204. Any person (as defined in section 901(1)) who is qualified under
State standards or requirements to furnish a class of services included as
auxiliary services, or, in the absence of State standards or requirements,
is
found to be qualified to furnish a class of such services under standards
established for such class by the Board after consultation with the Advisory
Council, shall be deemed qualified to furnish such class of auxiliary services
in that State as benefits under this Act.
agreements with individual practitioners, hospitals, and others
SEC. 205. Any individual (or, in the case of hospital or auxiliary
services, any person) qualified under this title to furnish any class or
classes of personal health services as benefits may enter into an agreement
with the State agency which in accordance with title IV has assumed
responsibility for the administration in the State of benefits under this Act
(hereinafter in this Act referred to as the `State agency'), to furnish such
class or classes of services as benefits to individuals eligible therefor
under this Act.
AGREEMENTS WITH VOLUNTARY HEALTH INSURANCE AND OTHER ORGANIZATIONS
SEC. 206. (a) In the provision of personal health services, it shall be
the policy to utilize individuals or organizations qualified under this title
to render such services, including (1) any organized group of individuals, (2)
any partnership, association, or consumer cooperative, (3) any hospital or any
hospital and its staff, or (4) any organization operating a voluntary
health-service insurance plan or other voluntary health-service plan.
(b) The State agency is authorized to enter into an agreement with any
organization referred to in subsection (a) for the provision of personal
health services under this Act. Any such organization, whether or not it
enters into an agreement with the State agency on its own behalf, shall be
permitted to act as agent for individuals or other persons in negotiating or
in carrying out agreements with the State agency for rendering personal health
services under this Act.
(c) Any agreement under this section shall provide that each class of
personal health services will be furnished only by individuals (or, in the
case of hospital or auxiliary benefits, by persons, as defined in section
901(1)) who are qualified under this title to render such class of services
and each of whom has agreed or has authorized an agreement to be made on his
behalf with the State agency that he will furnish such services in accordance
with this Act and with regulations prescribed thereunder. Each such individual
or person shall be responsible, both to the State agency and (in accordance
with applicable State law) to individuals eligible for personal health
services as benefits, for carrying out such agreement made by him or on his
behalf.
provisions common to all agreements
SEC. 207. (a) Each agreement made under this title shall specify the class
or classes of services to be furnished or provided pursuant to its terms,
shall contain an undertaking to comply with this Act and with regulations
prescribed thereunder, shall be made upon terms and conditions consistent with
the efficient and economical administration of this Act, and shall continue in
force for such period and be terminable upon such notice as may be agreed
upon.
(b) No agreement under section 206, and no designation of an agent, shall
for more than one year preclude any individual or person qualified to furnish
personal health services from exercising such rights as he would otherwise
have under this title (1) to negotiate and enter into an agreement directly
with the State agency, or (2) to designate another agent for such negotiation,
or (3) to participate in another agreement under section 206.
(c) No agreement made under this title shall confer upon any individual or
other person, or any group or other organization, the right of furnishing or
providing personal health services as benefits, to the exclusion in whole or
in part of other individuals, persons, groups, or organizations qualified to
furnish or provide such services.
(d) If the State agency after investigation finds that an individual or
other person under agreement to furnish or provide personal health services as
benefits is no longer qualified to furnish or provide such services, or has
committed a substantial breach of the agreement, it shall notify such person
of its findings, together with the reasons therefor, and in the absence of a
request for a hearing by such person under title VI, or in the event of a
final decision sustaining its findings after any hearing and further review
provided under title VI, may terminate the agreement and withdraw the person's
name from the list published pursuant to title III. After an agreement has
been so terminated, no new agreement shall be entered into with such person
under this Act unless and until such person gives reasonable assurances to the
State agency of his or its ability and willingness to discharge all
obligations and responsibilities under a new agreement satisfactorily in
accordance with its provisions.
methods of payments for services
SEC. 208. (a) Agreements for the furnishing of medical, dental, or
podiatric services (other than specialist services) as benefits under this Act
shall provide for payment--
(1) on the basis of fees for services rendered as benefits, according to
a fee schedule;
(2) on a per capita basis, the amount being according to the number of
individuals eligible for benefits who are on the practitioner's list;
(3) on a salary basis, whole time or part time; or
(4) on such combinations or modifications of these bases, including
separate provision for travel and related expenses, as may be approved by
the State agency;
according in each health-service area as the majority of the medical
practitioners or of the dental practitioners, respectively, under agreement to
furnish such services shall elect. Provision shall be made for another method
or methods of payment (from among the methods listed in this subsection) to
those medical practitioners or to those dental practitioners who do not elect
the method of such majority, when it is found that such alternative method of
making payments contributes to carrying out the provisions of section 305 of
this Act or otherwise promotes the efficient and economical provision of
medical or dental services in the area.
(b) Agreements for the furnishing of specialist services as benefits under
this Act may provide for payments on the basis of fee for service, per case,
per session, per capita, on salary (whole time or part time), or other basis,
or combination thereof.
(c) Any of the methods of making payments from among the methods listed in
subsection (a) or subsection (b) may be used in making payments to groups or
practitioners or organizations or other agencies which undertake to provide
specialist services as well as general medical or general dental services.
(d) Agreements for the furnishing of hospital services as benefits under
this Act shall provide for payment on the basis of the reasonable costs of
hospitalization furnished as benefits. The Board, after consultation with the
Advisory Council and with representatives of interested hospital
organizations, may by regulation prescribe maximum rates for hospitalization
furnished as benefits under this Act, and such maximum rates may be varied
according to classes of localities or types of service. Payments to hospitals
shall be based on the least expensive multiple-bed accommodations available in
the hospital unless the patient's condition makes the use of private
accommodations essential for his proper medical care. An agreement made for
furnishing such services shall not affect the right of the hospital or other
person with whom the agreement is made to require payments from patients with
respect to the additional cost of more expensive facilities occupied at the
request of the patient, or with respect to services not included as benefits
under this Act.
(e) Agreements for the furnishing of home-nursing services or auxiliary
services as benefits under this Act shall provide for payment in accordance
with such methods as the State agency may approve from among those set forth
in regulations prescribed pursuant to this Act.
(f) In any health-service area where agreements for the furnishing of
general medical or general dental services provide for payment only on a per
capita basis, the per capita payments with respect to those individuals
residing in the area who have failed to select a practitioner or other person
to furnish such services to them shall be made on a pro rata basis among the
practitioners and other persons under agreement to furnish such services in
the area.
AMOUNT OF PAYMENTS FOR SERVICES
SEC. 209. (a) Rates or amounts of payment for particular services or
classes of services furnished as benefits under this Act shall be adapted to
take account of relevant regional, State, or local conditions and practices.
In arriving at the payments to be made for services of general medical and
dental practitioners, specialists, professional and practical nurses, or other
practitioners, regard shall be had for the annual income or its equivalent
which the payments will provide, and consideration shall be given to degree of
specialization, and to the skill, experience, and responsibility involved in
rendering the services. Such payments, together with the other terms and
conditions of the agreements made under this title, shall be adequate to
provide professional and financial incentives to practitioners to advance in
their professions and to practice in localities where their services are most
needed, to encourage high standards in the quality of services furnished, to
give assistance in their use of opportunities for postgraduate study, and to
allow for adequate vacation.
(b) The rates and amounts of payments fixed under the different methods of
payments specified in subsections (a), (b), (c), and (e) of section 208, and
the methods of making payments, shall assure reasonably equivalent awards for
practitioners selecting different methods of payment, in consideration of the
value of the services they render.
(c) Maximum limits upon the number of eligible individuals with respect to
whom any person may undertake to render services in any local health-service
area may be fixed by the local administrative committee or local
administrative officer of that health-service area only on the basis of a
recommendation of the professional committee in that area that such limitation
is necessary to maintain high standards in the quality of medical, dental, or
other
services furnished as benefits. Any such limits shall take account of
professional needs and practices and shall provide suitable exceptions for
emergency and temporary situations.
(d) The making of an agreement under section 206 with a group or other
organization shall not operate to increase the payments to be made pursuant to
any such agreement over the amounts which, in the absence of such group or
organization would be payable for the same services pursuant to agreements
made under section 205 directly with the person or persons who furnish the
services.
professional rights and responsibilities
SEC. 210. (a) Any person who enters into an agreement under this title may
terminate such agreement after reasonable notice and after suitable
arrangements are made to fulfill professional obligations to eligible
individuals.
(b) Every physician, dentist, or nurse agreeing to render services as
benefits under this Act shall be free to practice his profession in the
locality of his own choosing, consistent with the requirements of the laws of
the States.
(c) Every physician, dentist, nurse, hospital, or other person entering
into an agreement under this title shall be free to the extent consistent with
applicable State law and customary professional ethics to accept or reject as
a patient any individual requesting his services.
(d) No supervision or control over the details of administration or
operation, or over the selection, tenure, or compensation of personnel, shall
be exercised under the authority of this Act over any hospital which has
agreed to furnish personal health services as benefits.
TITLE III--LOCAL ADMINISTRATION
decentralization of administration
SEC. 301. In order that personal health-service benefits may be made
available promptly and in a manner best adapted to local practices,
conditions, and needs, responsibility for administration of the benefits
provided under this Act in the several local health-service areas shall be
decentralized as fully as practicable to local administrative committees or
local administrative officers, acting with the advice and assistance, as
provided in this title, of local professional committees and, in the case of
local administrative officers, the advice and assistance of local area
committees. The health-service areas of a State shall be those so designated
in the State plan of operations.
local administrative committee or officer
SEC. 302. The local administrative agency for each local health-service
area may, as determined by the State, be either--
(1) a local administrative committee established in accordance with
section 303, which shall act through a local executive officer; or
(2) a local administrative officer, who shall act with the advice and
assistance of a local advisory committee established in accordance with
section 303.
The local administrative committee or officer, with the advice and
assistance of such local professional committees as may from time to time be
established, shall arrange for the furnishing of personal health-service
benefits to eligible individuals in the area and to that end shall--
(a) publish, and make readily available to eligible individuals in the
area, lists of the names of all persons who have agreed to furnish personal
health services in the area, together with the class or classes of services
which each has undertaken to furnish;
(b) disseminate pertinent information concerning the rights and
privileges under this Act of eligible individuals and of persons qualified
to furnish personal health services as benefits;
(c) maintain effective relationships with physicians, dentists, nurses,
hospitals, and other persons who have entered into agreements to furnish
personal health services in the area, in order to facilitate the furnishing
of such services in accordance with such agreements, to assure full and
prompt payment to such persons for services so furnished, and to enlist
their full cooperation in the administration of benefits under this Act in
the area;
(d) receive and, to the extent possible in the local area, adjust any
complaints which may be made concerning the administration of benefits under
this Act in the area;
(e) perform such other duties (including the making of payments to
persons furnishing personal health services in the area) as may be assigned
by the State agency; and
(f) take or initiate such other administrative action as he finds will
best carry out, within the area, the provisions of this Act, and best
effectuate its purposes.
local area committees
SEC. 303. (a) A local area committee shall be established in each
health-service area. If designated by the State as a local administrative
committee, the local area committee shall perform the functions specified in
section 302 and shall formulate policies for the administration of benefits
under this Act in the area. If designated as an advisory committee, it shall
advise and assist in the performance of such functions and the formulation of
such policies. The committee, whether administrative or advisory, shall
participate in the solution of problems affecting the administration of such
benefits, shall promote impartiality and freedom from political influence in
such administration, and shall perform related functions to the end that
administration in the area may be responsive to the wishes and needs of
persons furnishing and receiving benefits in the area, be adapted to local
practices and resources, and provide adequate and high quality personal health
services to all eligible individuals.
(b) Each local area committee shall consist of not less than eight nor
more than sixteen members. The members shall be so selected that a majority of
the committee shall be representative of the interests of individuals in the
area who are eligible for benefits, and the remaining members shall be chosen
from the several professions, hospitals, and other organizations in the area
by whom such benefits will be provided.
(c) The local area committee shall meet as often as may be necessary, and
whenever one-third or more of the members request a meeting; in the case of a
local administrative committee, not less frequently than once each month, and
in the case of a local advisory committee, not less frequently than once in
each quarter of the year. At
least one meeting of the committee each year shall be open to the public,
notice of which shall be published and at which any person in the area may
participate. At least once each year there shall be a statewide meeting of local
administrative officers and representatives of local administrative committees.
At least once in each year there shall be a statewide meeting of representatives
of all local advisory committees in the State, and any reports or
recommendations made at such meeting shall on the request of such meeting be
transmitted through the State agency to the Board.
local professional committees
SEC. 304. Local committees representative of the persons furnishing
personal health services in the area shall be established in each
health-service area to assist the local administrative committee and its
executive officer, or the local administrative officer and the local advisory
committee, as the case may be, in the preservation of the customary freedom
and responsibility (under applicable State law) of practitioners in the
exercise of professional judgment as to the care of patients, and in the
solution of technical problems concerning the participation of professional
personnel, hospitals, and other qualified persons in the provision of personal
health services as benefits, and to advise the local administrative or
executive officer and the local area committee regarding matters of
professional practice or conduct arising in connection with the performance of
agreements for the provision of such services. Such local committees shall
meet on call of the local administrative committee or officer, as the case may
be, or upon their own motion. The members of any such local professional
committee may be professional members of the local area committee or other
professional persons or both.
methods of administration
SEC. 305. (a) In each health-service area the methods of administration
shall be such as to--
(1) insure the prompt and efficient care of individuals entitled to
personal health services as benefits;
(2) promote personal relationships between physician and patients;
(3) promote coordination among and between general practitioners,
specialists, those who furnish auxiliary services, nurses, and hospitals, in
the furnishing of services under this Act, between them and public-health
centers and agencies, and educational service, research, and other related
agencies or institutions, and between preventive, diagnostic, and curative
services, public and private;
(4) aid in the prevention of disease, disability, and premature
death;
(5) encourage improvement in the number and distribution of professional
personnel and facilities; and
(6) insure the provision of adequate service with the greatest economy
consistent with high standards of quality.
(b) Local administrative officers shall be appointed by the State agency
or the head thereof, in accordance with the merit system provided for in the
State plan of operations; local administrative committees shall be appointed
by such agency or the head thereof, from individuals residing in the
respective health-service areas, and the executive officers of such committees
shall be appointed by the committees in accordance with the merit system; the
local health-service areas shall be those so designated in such plan; and
members of
local advisory committees and of local professional committees shall be
selected in accordance with methods set forth in such plan.
(c) In exercising their functions and discharging their responsibilities
under this Act, local administrative officers and communities, local advisory
committees, and local professional committees shall observe the provisions of
this Act, and of regulations prescribed thereunder, and of any regulations,
standards, and procedures prescribed by the State agency.
TITLE IV--STATE ADMINISTRATION
declaration of policy
SEC. 401. It is the intent of Congress that the benefits provided under
this Act be administered wherever possible by the several States, in
accordance with plans of operations submitted and approved as provided in this
title, and in each State insofar as feasible by the same State agency which
administers, or supervises the administration of, the State's general public
health and maternal and child health programs.
state plan of operations
SEC. 402. (a) Any State desiring to assume responsibility for the
administration in the State of the personal health-service benefits provided
under this Act to all individuals in the State who are eligible for such
benefits, may do so for the period beginning October 1, 2000 (when benefits
first become available under this Act), or for the period beginning October 1
of any succeeding year, if it has undertaken, through its legislature, to
administer such benefits in accordance with the provisions of this Act and
with the provisions of regulations and standards prescribed thereunder, and,
at least twelve months in advance, has submitted and had approved a State plan
of operations which--
(1) designates as the sole agency for the statewide administration of
benefits under this Act a single State agency duly authorized under the law
of the State to administer such benefits within the State in accordance with
the provisions of this Act, the provisions of regulations and standards
prescribed thereunder, and the provisions of the State plan;
(2) provides for the designation of a State advisory committee which
shall include members who are familiar with the needs for personal health
services in urban and rural areas, and who are representative of the
interests of individuals in the State who are eligible for benefits, such
members to constitute a majority, and members chosen from the several
professions, hospitals, and other organizations in the State by whom such
benefits will be provided, to advise the State agency in carrying out the
administration of such benefits in the State;
(3) provides for the decentralized administration of this Act in the
State in accordance with title III for the designation of local
health-service areas, and for such methods of selecting the members of local
advisory committees and of local professional committees as are calculated
to insure representation of the nature set forth in sections 303 and 304,
respectively;
(4) provides such methods of administration, including methods relating
to the establishment and maintenance of personnel standards on a merit basis
(except that the Board shall exercise no authority with respect to the
selection, tenure of office, or compensation of any individual employed in
accordance with such methods), as are found by the Board to be necessary for
the proper and efficient administration of such benefits in the State;
(5) provides for the making of surveys of the resources and needs of the
State, in accordance with section 102(a), and sets forth a program for the
administration of such benefits in the State which gives reasonable
assurance (A) that maximum use will be made of all available health
personnel and facilities desiring to participate in the provision of
benefits to eligible individuals, (B) that funds allotted to the State for
the several classes of benefits will be allocated in such manner as to give
reasonable assurance of the availability of services in all health-service
areas in the State, and (C) that any maldistribution or other inadequacies
in the health personnel or facilities available for such purpose, or in the
quality of the services rendered, will be progressively improved as rapidly
as may be practicable;
(6) provides that the State agency will make such reports in such form
and containing such information as the Board may from time to time
reasonably require, and give the Board, upon demand, access to the records
upon which such information is based;
(7) provides that all Federal funds paid to the State agency for
purposes of carrying out this Act in the State shall be properly safeguarded
and expended solely for the purposes for which paid, and provides for the
repayment by the State to the United States of any such funds lost by the
State agency or diverted from the purposes for which paid; and
(8) provides for cooperation, including where necessary entering into
working agreements (with any appropriate transfer of funds), with other
public agencies of the State or of its political subdivisions concerned with
programs related to the purposes of this Act, and with appropriate agencies
of other States or of the United States administering this Act, or benefits
under this Act, in other States.
(b) The Board shall approve any State plan and any modification thereof
submitted by the State which it finds complies with the provisions of
subsection (a). No change in a State plan shall be required within one year
after initial approval thereof, or within one year after any change thereafter
required therein, by reason of any change in the regulations or standards
prescribed pursuant to this Act, except with the consent of the State or in
accordance with further action by Congress.
(c) In the event of its disapproval of any plan or any modification
therein submitted by a State pursuant to this title, the Board shall notify
the State of such disapproval and shall, upon request of the State, afford it
reasonable notice and opportunity for a hearing on such disapproval.
(d) If a State has not prior to October 1, 2000, submitted and had
approved a plan of operations, the Board shall notify the Governor of the
State that the Board will be required to administer this Act in the State,
commencing October 1, 2000. The Board shall provide for the publication of
such notice in at least two newspapers of general circulation in the State. If
within sixty days after such notification to the Governor the State has not
submitted an approvable plan, the Board shall continue such administration
until one year after the submission and approval of a plan of operations in
accordance with this section. The Board may waive the requirement that a State
plan must be submitted and approved one year prior to commencement of State
administration if it is satisfied in a particular case that the substitution
of a shorter preparatory period will not prejudice the interests of eligible
individuals in the State.
(e) Whenever the Board, after reasonable notice and opportunity for
hearing to the State, finds that the State, having submitted and had approved
a plan of operations under this title--
(1) is not complying substantially with the provisions of such plan, or
with the provisions of this Act or any regulations or standards prescribed
thereunder, or
(2) has withdrawn its plan or failed to change it when and as required
by a change in this Act or in regulations prescribed thereunder,
the Board shall notify the Governor of the State of such findings,
together with its reasons therefor and a statement concerning the effect of
such findings under this Act, and shall provide for the publication of such
notice in at least two newspapers of general circulation in the State. If
within sixty days following such a notice the State has not taken appropriate
action to bring its plan or its administration thereof into conformity with
this Act and regulations and standards thereunder, the Board shall immediately
assume responsibility for the administration of this Act in the State and
shall administer the same in such State for so long thereafter as the State
fails to give reasonable assurances of substantial compliance or fails to
submit an approvable plan, as the case may be.
(f) In any State in which the Board has assumed responsibility for the
administration of benefits under this Act as provided in subsections (d) and
(e) of this section, the Board shall have and discharge all authority and
duties, in accordance with the provisions of this Act, which it finds
necessary for that purpose, and the term `State agency' wherever used in title
II or title III of this Act shall be deemed to refer to the Board.
(g) Nothing in this Act shall preclude any State or any political
subdivision thereof, whether or not the State has assumed responsibility for
the administration of benefits under this Act, from furnishing, with funds
available from sources other than the account, any additional health services
to individuals who are eligible for benefits under this Act or any or all
health services to individuals who are not so eligible.
TITLE V--NATIONAL HEALTH INSURANCE BOARD; NATIONAL ADVISORY MEDICAL POLICY
COUNCIL; GENERAL ADMINISTRATIVE PROVISIONS
national health insurance board
SEC. 501. (a) There is hereby established in the Department of Health and
Human Services a National Health Insurance Board, to be composed of five
members, three of whom shall be appointed by the President by and with the
advice and consent of the Senate, and the other two of whom shall be the
Surgeon General of the Public Health Service and the Commissioner of Social
Security. During his term of membership on the Board, no appointed member
shall engage in any other business, vocation, or employment. At least one of
the appointed members shall be a doctor of medicine licensed to practice
medicine or surgery in one of the States. Each appointed member shall receive
a salary at an annual rate of basic pay, established by the President, which
is not less than the annual rate of basic pay for positions at level V of the
Executive Schedule and which is not greater than the annual rate of basic pay
for positions at level IV of the Executive Schedule, and shall hold office for
a term of six years, except that (1) any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term; and (2) the terms
of office of the members first taking office after the date of the enactment
of this Act shall expire, as designated by the President at the time of
appointment, one at the end of two years, one at the end of four years, and
one at the end of six years, after the date of the enactment of this Act. The
President shall designate one of the appointed members as the Chairman of the
Board.
(b) All functions of the Board shall be administered by the Board under
the direction and supervision of the Secretary of Health and Human Services.
The board shall perform such functions as it finds necessary to carry out the
provisions of this Act, and shall make all regulations and standards
specifically authorized to be made in this Act and such other regulations not
inconsistent with this Act as may be necessary. The Board may delegate to any
of its members, officers, or employees, or with the approval of the Secretary
to any other officer or employee of the Department of Health and Human
Services, such of its powers or duties, except that of making regulations, as
it may consider necessary and proper to carry out the provisions of this Act.
The Board may also enter into agreements for the furnishing or provision of
personal health services under this Act without regard to the provisions of
title 5, United States Code, pertaining to the appointment, status, or
compensation of Federal employees, or pertaining to contracts for personal
services, and without regard to section 3709 of the Revised Statutes (41
U.S.C. 5), and any person rendering services pursuant to an agreement so made
shall not by reason thereof be deemed to be an employee of the United
States.
(c) In administering the provisions of this Act, the Board is authorized
to utilize the services and facilities of any executive department or other
agency of the United States in accordance with an agreement with the head
thereof. Payment for such services and facilities shall be made in advance or
by way of reimbursement, as may be agreed upon with the head of the executive
department or other agency furnishing them.
(d) Personnel of the Board shall be appointed by the Secretary upon
recommendation of the Board. The Secretary is authorized to detail to the
Board, upon its request, any officer or employee of the Department of Health
and Human Services, and in his discretion to reimburse, from funds available
for the administration of this Act, the appropriation from which the salary
or, in the case of commissioned officers of the Public Health Service, the pay
and allowances of such officer or employee are paid.
(e) Upon the request of any State agency administering a State plan of
operations pursuant to title IV of this Act, or upon the request of any State
desiring to prepare and submit a plan of operations, any officer or employee
of the Board (including any officer or employee detailed to the Board pursuant
to subsection (d)) may be detailed by the Board to assist in the
administration, or in the preparation, of such State plan of operations. The
funds available for the Federal administration of this Act may, in the
discretion of the Secretary, be reimbursed from funds allotted to the State
pursuant to section 802 and available for State administration, for the salary
(or for the pay and allowances) of any officer or employee so detailed.
ADVISORY COUNCIL
SEC. 502. (a) There is hereby established a National Advisory Medical
Policy Council to consist of the Chairman of the Board, who shall serve as
Chairman of the Advisory Council ex officio, and sixteen members appointed by
the Secretary of Health and Human Services. At least eight of the sixteen
appointed members shall be individuals who are familiar with the need for
personal health services in urban or rural areas and who are representative of
the interests of individuals eligible for benefits under this Act, and at
least six of the members shall be individuals who are outstanding in the
medical or other
professions concerned with the provision of services provided as benefits
under this Act and who are representative of the individuals, organizations, and
other persons by whom personal health services will be provided. Each appointed
member shall hold office for a term of four years, except that any member
appointed to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for the remainder of that
term, and the terms of the members first taking office shall expire, as
designated by the Secretary at the time of appointment, four at the end of the
first year, four at the end of the second year, four at the end of the third
year, and four at the end of the fourth year after the date of appointment. The
Advisory Council is authorized to appoint such special advisory technical or
professional committees as may be useful in carrying out its functions, and the
members of such committees may be members of the Advisory Council, or other
persons, or both. Appointed Advisory Council members and members of technical or
professional committees, while serving on business of the Council (inclusive of
traveltime), shall receive compensation at rates fixed by the Secretary, but not
exceeding $200 per day, and shall be entitled to receive actual and necessary
traveling expenses and per diem in lieu of subsistence while so serving away
from their places of residence. The Advisory Council, its appointed members, and
its committees, shall be provided with such secretarial, clerical, or other
assistance as may be provided by the Congress for carrying out their respective
functions. The Advisory Council shall meet as frequently as the Board deems
necessary, but not less than twice each year. Upon request by six or more
members, it shall be the duty of the Chairman to call a meeting of the Council.
(b) The Advisory Council shall advise the Board with reference to matters
of general policy and administration arising in connection with the making of
regulations, the establishment of professional standards, and the performance
of its other duties under this Act.
(c) Section 14 of the Federal Advisory Committee Act shall not apply to
the Advisory Council.
studies, recommendations, and reports
SEC. 503. The Board shall have the duty of studying and making
recommendations as to the most effective methods of providing health services,
and as to legislation and matters of administrative policy concerning health
and related subjects. At the beginning of each regular session of Congress, it
shall make a full report to Congress of the administration of this Act,
including a report with regard to the adequacy of its financial provisions
contained in this Act and of appropriations made pursuant thereto, the methods
of allotment of funds among the States, and related matters. Such report shall
include a record of consultations with the Advisory Council, recommendations
of the Advisory Council, and comments thereon.
nondisclosure of information
SEC. 504. Information concerning an individual, obtained from him or from
any physician, dentist, nurse, or hospital, or from any other person pursuant
to or as a result of the administration of this Act, shall be held
confidential (except for statistical purposes) and shall not be disclosed or
be open to public inspection in any manner revealing the identity of the
individual or other person from whom the information was obtained or to whom
the information pertains, except as may be necessary for the proper
administration of this Act or of other laws, State or Federal. Any person who
shall violate any provision of this section shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not
exceeding $50,000 or by imprisonment not exceeding one year, or both.
prohibition against discrimination
SEC. 505. In carrying out the provisions of this Act there shall be no
discrimination on account of race, creed, or color. Personal health services
shall be made available as benefits to all eligible individuals, and all
persons qualified under title II to enter into agreements to furnish or
provide such services shall be permitted to do so.
TITLE VI--ELIGIBILITY DETERMINATIONS, COMPLAINTS, HEARINGS, AND JUDICIAL
REVIEW
determinations as to eligibility for benefits
SEC. 601. (a) The Secretary of Health and Human Services through such
units of the Department of Health and Human Services as he may determine,
shall upon his own initiative or upon application of any individual make
determinations as to the eligibility of individuals for benefits under this
Act. Whenever requested by any individual determined by the Secretary not to
be eligible for benefits for any period, or by a dependent of any such
individual, the Secretary shall give such individual or such dependent
reasonable notice and opportunity for a hearing with respect to such
determination and on the basis of the evidence adduced at the hearing shall
affirm, modify, or reverse his determination.
(b) In carrying out his responsibility under this section, the Secretary
shall have all the powers and duties conferred upon him under sections 205 and
206 of the Social Security Act. Such powers and duties shall be subject to the
same limitations and rights of judicial review
as are contained in section 205 of such Act. Eligibility for benefits under
this title based on entitlement to an annuity under subchapter III (relating to
civil service retirement) of chapter 83 of title 5, United States Code, shall be
determined on the basis of certification by the Office of Personnel Management.
(c) Nothing in title IV of this Act shall be deemed to require or
authorize any assumption by the State agency, designated in accordance with an
approved State plan of operations approved under such title, of any of the
Secretary's responsibilities under this section, but the Secretary may utilize
existing facilities and services of any such agency on the basis of mutual
agreements with such agency.
complaints of eligible individuals and of persons furnishing benefits
SEC. 602. (a) Any eligible individual aggrieved by reason of his failure
to receive any personal health-service benefits to which he believes himself
entitled, or dissatisfied with any service rendered him as a personal
health-service benefit, and any person who has entered into an agreement to
furnish services as personal health-service benefits and who is aggrieved by
the failure or alleged failure of a local or other administrative officer or a
local administrative committee to carry out the agreement in accordance with
its terms, may make a complaint to the local administrative officer or local
executive officer in the area in which the action or inaction complained of
occurred, or to such other officer as may be provided in regulations. If the
officer to whom such complaint is made finds, after investigation, that the
complaint is well founded, he shall promptly take such steps as may be
necessary and appropriate to correct the action or inaction complained of; and
he shall notify the individual or other person making the complaint of his
disposition thereof. Any such individual or other person dissatisfied with the
action taken may in writing request a hearing thereon and shall be afforded
opportunity for the same pursuant to subsection (b) of this section.
(b) Provision shall be made for the establishment of necessary and
sufficient impartial tribunals to afford hearings to individuals and other
persons entitled thereto under subsection (a) of this section, or section
207(d) of this Act, and for further review of the findings, conclusions, and
recommendations of such tribunals, in accordance with regulations made by the
Board, after consultation with the Advisory Council. With respect to any
complaint involving matters or questions of professional practice or conduct,
the hearing body shall contain competent and disinterested professional
representation; and with respect to any complaint involving only matters or
questions of professional practice or conduct the hearing body shall consist
exclusively of such professional persons.
(c) In administering this section in any State which has not assumed
responsibility for the administration of benefits under this Act as provided
in title IV, the Board (subject to the provisions of section 501(b)) shall,
insofar as they are applicable to its functions under this Act, have all the
powers and duties conferred upon the Secretary by sections 205 and 206 of the
Social Security Act. Such powers and duties shall be subject to the
limitations and rights of judicial review contained in section 205 of such
Act.
(d) In any State which has assumed responsibility for the administration
of benefits under this Act as provided in title IV the powers and duties of
the State agency shall be subject to such rights of judicial review in the
courts of the State as the law of the State may provide; subject, however, to
review by the Supreme Court of the United States in such cases and in such
manner as is provided in section 1257 of title 28 of the United States
Code.
TITLE VII--APPLICATION OF ACT TO INDIVIDUALS COVERED UNDER MEDICARE
PROGRAM
ELIGIBILITY; BENEFITS AVAILABLE
SEC. 701. (a) In the case of any individual who is entitled to hospital
insurance benefits under part A of title XVIII of the Social Security Act, or
to supplementary medical insurance benefits under the insurance program
established by part B of such title, during any benefit year or part thereof
in which he is otherwise eligible for benefits under this Act in accordance
with section 104 or would otherwise be furnished such benefits in accordance
with section 105, the personal health services (specified in section 101)
which may be made available to him as benefits under this Act shall be limited
to those services (otherwise available to him in accordance with section 102)
for which he is ineligible under part A or B of such title XVIII. For purposes
of the preceding sentence, an individual shall be considered ineligible under
part A or B of such title XVIII if no payment is or can be made to him or on
his behalf thereunder with respect to the item or service involved, whether
because he is not entitled to benefits under whichever such part is
applicable, because no payment is provided under either such part for the item
or service involved, or because he has exhausted his entitlement to
have payment made thereunder for items or services of the type involved; and
shall also be considered ineligible under part A or B of such title XVIII with
respect to any item or service (for which he is otherwise entitled to have
payment made thereunder) to the extent that payment is not made with respect to
such item or service because of the application of the deductible and
coinsurance provisions of sections 1813 and 1833 of the Social Security Act.
(b) The Board, after consultation with the Advisory Council, shall
prescribe such regulations as may be necessary or appropriate to insure, in
the case of individuals whose benefits under this Act are limited under
subsection (a), that the combination of benefits under this Act and title
XVIII of the Social Security Act will effectively carry out (without
duplication of benefits) the purpose of this Act.
(c) The limitation under subsection (a) of an individual's benefits under
this Act shall not be construed as affecting the eligibility of his dependents
for such benefits in accordance with subsection (a)(3) or (b)(3) of section
104.
study and report
SEC. 702. As soon as practicable after the enactment of this Act the
Secretary of Health and Human Services shall undertake and carry out a full
and complete study of the interrelationship of the program of national health
insurance under this Act and the program of health insurance for the aged
under title XVIII of the Social Security Act, in order to determine the way in
which the latter program may be most effectively and equitably transferred to
and incorporated in the program under this Act. In conducting such study, the
Secretary shall give particular attention to the transitional problems which
would result from such a transfer, and shall consider in detail (with respect
to each such program) the benefits provided, the standards of eligibility
therefor, the standards and qualifications for participation by providers of
services of various types, the methods of administration, the costs and
methods of financing, and any other matters which might assist in making such
determination and in insuring that all desirable features of the program under
title XVIII of the Social Security Act will to the maximum extent feasible be
preserved with respect to the individuals covered by that program (and, in
appropriate cases, included in the program under this Act for all individuals
who are eligible thereunder, without regard to any transfer). The Secretary
shall submit to the President and the Congress, no later than one year after
the date of the enactment of this Act, a complete report of the study
conducted under this section together with his findings as to the most
effective and equitable way in which the transfer under consideration could be
effected and his detailed recommendations for legislative, administrative, and
other actions to accomplish it.
TITLE VIII--FISCAL PROVISIONS
USE OF TRUST FUND
SEC. 801. (a) Funds in the National Health Care Trust Fund shall be
available for all expenditures necessary or appropriate to carry out this Act;
except that (subject to the provisions of section 802(g)) only so much of such
funds shall be available for salaries or other administrative expenses of any
department or agency of the United States as may be authorized in annual or
other appropriation Acts.
(b) Sums received as reimbursements to the account pursuant to section
104(c) or section 105, or by virtue of subrogation pursuant to section 104(c),
shall be deposited in the account and shall be available in accordance with
the provisions of subsection (a) of this section.
allotment of funds
SEC. 802. (a) The Board, after consultation with the Advisory Council,
shall determine, as far in advance of the beginning of each fiscal year as is
possible, the sums which shall be available from the Trust Fund for provision
during the fiscal year of all classes, and of each of the five classes, of
personal health-service benefits specified in section 101(a). Such sums shall
be determined, after taking into consideration the estimated amount which will
be in the Trust Fund at the beginning of the fiscal year and the anticipated
income of the account thereafter, with a view (1) to maintaining as nearly as
practicable a uniform rate of expenditure for personal health-service benefits
in successive fiscal years, except for appropriated allowance on account of
anticipated increase in the personnel and facilities available to furnish
personal health-service benefits and on account of reduction or withdrawal of
restrictions or limitations pursuant to section 102(b), and (2) to
establishing and maintaining a reserve in the Trust Fund adequate to meet
emergency demands in accordance with subsection (d) of this section and
adequate to maintain the rate of expenditure or to permit its gradual
reduction if the income of the Trust Fund should fall below the income which
had been anticipated.
(b) In accordance with regulations prescribed after consultation with the
State agencies, the Board, prior to the beginning of each fiscal year shall
allot to the several States, for the fiscal years 2000, 2001, and 2002, 90
percent, and for each fiscal year thereafter 95 percent of each
sum determined pursuant to subsection (a). Such regulations shall provide for
allotments on the basis of--
(1) the population in the several States eligible for benefits under
this Act;
(2) professional and other personnel, hospitals, and other facilities,
and supplies and commodities, to be available in the several States in the
provision of such benefits; and
(3) the cost of reasonable and equitable compensation to such personnel
and facilities and for such supplies and commodities.
Such allotments shall operate, to the maximum extent possible, both to
assure provision to eligible individuals of adequate personal health-service
benefits in all States and all local health-service areas, and also to
increase the adequacy of services where personnel and facilities are below the
national average.
(c) From time to time during each fiscal year, the Board shall allot to
the several States the remaining 10 percent or the remaining 5 percent, as the
case may be, of each sum determined pursuant to subsection (a). In making
allotments under this subsection, the Board shall take into consideration the
factors specified in subsection (b), but shall, in addition, give special
consideration to the extent of which allotments under subsection (b) have
proved to be insufficient to permit provision of reasonably adequate benefits
under this Act.
(d) In addition to the sums determined pursuant to subsection (a) to be
available for the provision of personal health-service benefits, the Board,
after consultation with the Advisory Council, is authorized to make emergency
allotments from the account if it finds that a disaster, epidemic, or other
cause has substantially increased the volume of personal health-service
benefits required in any part of the United States over the volume anticipated
when the determinations pursuant to subsection (a) were made. Allotments
pursuant to this subsection shall be made to such State or States, for such
class or classes of personal health-service benefits, and in such amounts, as
the Board may find necessary to meet the emergency.
(e) The Board shall from time to time determine the amounts to be paid to
each State from its allotments under this section, and shall certify to the
Secretary of the Treasury the amounts so determined. The Secretary shall
thereupon, and prior to audit or settlement by the General Accounting Office,
pay to the State the amounts so certified.
(f) Funds paid to a State for any class of personal health-service
benefits shall be used exclusively for the provision of benefits of that
class, except that the administrative costs of the State in administering
personal health-service benefits under this Act may be met from the allotments
to the State. Such administrative costs, which in any fiscal year shall not
exceed 5 percent of the aggregate allotments to the State for such fiscal
year, shall be apportioned as between the several allotments in accordance
with the costs of administering the respective classes of benefits; and such
apportionment may be made in such manner, and by such sampling, statistical,
or other methods, as may be agreed upon between the Board and the State
agency.
(g) In any case in which the Board has assumed responsibility for the
administration in a State of benefits under this Act in accordance with
section 402 (d) or (e), all allotments or balances of allotments to such State
shall be available for expenditure by the Board for the provision of personal
health-service benefits in that State, and (until the Congress shall make
funds available therefor pursuant to section 801(a)) for the costs of
administration of such benefits in such State. Expenditures authorized
pursuant to section 801(a) for such costs of administration shall be charged
against allotments to such State.
grants-in-aid for training and education
SEC. 803. (a) For the purpose of increasing the availability of training
and education for professional and technical personnel engaged or undertaking
to engage in the provision or administration of personal health services as
benefits under this Act, and to carry out the policies of section 209(a), the
Board is authorized to make grants--
(1) to public or nonprofit institutions or agencies engaging in
undergraduate or postgraduate professional, technical, or administration
education or training, for the cost (in whole or in part) of courses or
projects which the Board finds, after consultation with the Advisory Council
and appropriate Federal departments and agencies, (A) cannot be carried out
without financial assistance under this section, and (B) show promise of
making valuable contributions to the education, training, or retraining of
professional or technical personnel engaged or undertaking to engage in the
provision or administration of benefits, or
(2) to individuals who are professional or technical persons engaged or
who undertake to engage in the provision of personal health-service
benefits, or who are engaged or undertake to engage in the administration of
such benefits, for maintenance (in whole or in part) while in attendance at
courses or projects assisted under paragraph (1) or approved
by the Board for similar training or education, and for costs of necessary
travel.
(b) Such grants, in such amounts and for payment at such times as are
approved by the Board, shall be certified for payment to the Secretary of the
Treasury, who shall pay them from the account to the designated individuals,
institutions, or agencies.
(c) For the purposes of this section there shall be available for the
fiscal year 2000 the sum of $5,000,000, for the fiscal year 2001 the sum of
$5,000,000, and for each fiscal year thereafter an amount not to exceed
one-half of 1 percent of the amount expended for benefits under this Act in
the last preceding calendar year.
TITLE IX--MISCELLANEOUS PROVISIONS
definition
SEC. 901. As used in this Act:
(1) The term `wages' means the sum of the following items, excluding any
amount in excess of the applicable contribution and benefit base (as
determined under section 230 of the Social Security Act with respect to the
hospital insurance tax) which is received (or, in the case of income from
self-employment, accrued) by any individual during any calendar year--
(A) all remuneration for employment, including the cash value of all
remuneration paid in any medium other than cash; except that such term does
not include--
(i) the amount of any payment made to, or on behalf of, an employee
under a plan or system established by an employer which makes provision
for his employees generally or for a class or classes of his employees
(including any amount paid by an employer for insurance or annuities, or
into a fund to provide for any such payment), on account of retirement, or
sickness or accident disability, or medical and hospitalization expenses
in connection with sickness or accident disability, or death; provided, in
the case of a death benefit, that the employee (I) has not the option to
receive, instead of provision for such death benefit, any part of such
payment or, if such death benefit is insured, any part of the premiums (or
contributions to premiums) paid by his employer, and (II) has not the
right, under the provisions of the plan or system or policy of insurance
providing for such death benefit, to assign such benefit, or to receive a
cash consideration in lieu of such benefit either upon his withdrawal from
the plan or system providing for such benefit or upon termination of such
plan or system or policy of insurance or of his employment with such
employer;
(ii) the payment by an employer (without deductions from the
remuneration of the employee) of any social-insurance taxes or
contributions imposed upon an employee; or
(iii) the value of services exchanged for other services for which
there is no payment other than the exchange; and
(B) all net income from farm, business, professional, or other
self-employment.
(2) The term `employment' means any service of whatever nature performed
by an employee for the person employing him, irrespective of the citizenship
or residence of either, within United States, or on or in connection with an
American vessel or an American civil aircraft under a contract of service
which is entered into within the United States or during the performance of
which the vessel or aircraft touches at a port or airport in the United
States, if the employee is employed on and in connection with such vessel or
aircraft when outside the United States, except--
(A) service on active duty in the Armed Forces of the United
States;
(B) service performed in the employ of a State or any political
subdivision thereof, or any instrumentality of any one or more of the
foregoing which is wholly owned by one or more States or political
subdivisions;
(C) casual labor not in the course of the employer's trade or
business;
(D) service performed by an employee on or in connection with a vessel
not an American vessel, or an aircraft not an American aircraft, if the
employee is employed on and in connection with such vessel or aircraft when
outside the United States;
(E) service performed by a duly ordained or duly commissioned or
licensed minister of any church in the regular exercise of his ministry and
service performed by a regular member of a religious order in the exercise
of duties required by such order;
(F) service performed by an individual as an employee or employee
representative as defined in section 1 of the Railroad Retirement Act of
1937 or section 1 of the Railroad Retirement Act of 1974;
(G) service performance in any calendar quarter in the employ of any
organization exempt from income tax under section 501 of the Internal
Revenue Code of 1986 if--
(i) the renumeration for such services does not exceed $150;
or
(ii) such service is in connection with the collection of dues or
premiums for a fraternal beneficiary society, order, or association, and
is performed away from the home office or is ritualistic service in
connection with any such society, order, or association; or
(iii) such service is performed by a student who is enrolled and is
regularly attending classes at a school, college, or university;
(H) service performed in the employ of a foreign government (including
service as a consular or other officer or employee or a nondiplomatic
representative);
(I) service performed in the employ of an instrumentality wholly owned
by a foreign government, if--
(i) the service is of a character similar to that performed in foreign
countries by employees of the United States Government or of an
instrumentality thereof; and
(ii) the Secretary of State shall certify to the Secretary of Health
and Human Services that the foreign government, with respect to whose
instrumentality and employees thereof exemption is claimed, grants an
equivalent exemption with respect to similar service performed in the
foreign country by employees of the United States Government and of
instrumentalities thereof; and
(J) service performed in the employ of an international organization
entitled to enjoy privileges, exemptions, and immunities as an international
organization under the International Organizations Immunities Act.
(3) In any case in which an individual has received wages equal to the
applicable contribution and benefit base (as determined under section 230 of
the Social Security Act), in a calendar year, not less than $500 of such wages
shall be deemed, for the purpose of section 104(a), to have been received by
him in the quarter during which the first of such wages were in fact received
by him and in each quarter of such calendar year thereafter.
(4) The term `benefit year' means a period commencing on July 1 of any
year and ending on June 30 of the succeeding year.
(5) The term `quarter' and the term `calendar quarter' mean a period of
three calendar months ending on March 31, June 30, September 30, or December
31.
(6) The term `employee' includes (in addition to any individual who is a
servant under the law of master and servant) any individual who performs
service, of whatever nature, for a person, unless the service is performed by
the individual in pursuit of his own independently established business. The
term `employee' also includes an officer of a corporation.
(7) The term `American vessel' means any vessel documented or numbered
under the laws of the United States; and includes any vessel which is neither
documented nor numbered under the laws of any foreign country, if its crew is
employed solely by one or more citizens or residents of the United States or
corporations organized under the laws of the United States or of any State.
(8) The term `American aircraft' means an aircraft registered under the
laws of the United States.
(9) The term `State' includes the District of Columbia.
(10) The term `United States', when used in a geographic sense, means the
several States, as defined in paragraph (9).
(11) The term `dependent' means an unmarried child (including a stepchild,
adopted, or foster child) of an individual, who is under the age of eighteen,
or who is under a total disability which has continued for a period of not
less than six consecutive calendar months and is living with such individual
or receiving regular support from him; a wife of an individual living with
such individual or receiving regular support from him; a husband who is under
a total disability which has continued for a period of not less than six
consecutive calendar months, and is living with or receiving regular and
substantial support from such individual; and a parent who is living with or
receiving regular and substantial support from such individual.
(12) The term `person' means an individual, a trust or estate, a
partnership, a corporation, an association, a consumer cooperative, or other
organization.
effective date
SEC. 902. The effective date of this Act shall be the date of its
enactment, but personal health services shall first become available as
benefits in accordance with this Act on October 1, 2000.
TITLE X--VALUE ADDED TAX AND NATIONAL HEALTH CARE TRUST FUND
IMPOSITION OF VALUE ADDED TAX
SEC. 1001. (a) IN GENERAL- Subtitle D of the Internal Revenue Code of 1986
(relating to miscellaneous excise taxes) is amended by inserting before
chapter 31 the following new chapter:
`CHAPTER 30--VALUE ADDED TAX
`SUBCHAPTER A. Imposition of tax.
`SUBCHAPTER B. Taxable transaction.
`SUBCHAPTER C. Taxable amount; rate of tax for certain transactions; credit
against tax.
`SUBCHAPTER D. Administration.
`SUBCHAPTER E. Definitions and special rules; treatment of certain
transactions.
`Subchapter A--Imposition of Tax
`Sec. 3901. Imposition of tax.
`SEC. 3901. IMPOSITION OF TAX.
`(a) GENERAL RULE- A tax is hereby imposed on each taxable transaction.
`(b) AMOUNT OF TAX- Except as otherwise provided in this chapter, the
amount of the tax shall be 5 percent of the taxable amount.
`Subchapter B--Taxable Transaction
`Sec. 3903. Taxable transaction.
`Sec. 3904. Commercial-type transaction.
`Sec. 3905. Taxable person.
`Sec. 3906. Transactions in the United States.
`Sec. 3907. Rules relating to other terms used in section 3903.
`SEC. 3903. TAXABLE TRANSACTION.
`For purposes of this chapter, the term `taxable transaction' means--
`(1) the sale of property in the United States,
`(2) the performance of services in the United States, and
`(3) the importing of property into the United States,
by a taxable person in a commercial-type transaction.
`SEC. 3904. COMMERCIAL-TYPE TRANSACTION.
`(a) GENERAL RULE- For purposes of this chapter, the term `commercial-type
transaction' means a transaction engaged in by--
`(2) any person (other than a corporation) in connection with a
business.
`(b) SALES AND LEASES OF REAL PROPERTY; IMPORTS- For purposes of this
chapter--
`(1) IN GENERAL- The term `commercial-type transaction' includes--
`(A) any sale or leasing of real property, and
`(B) any importing of property,
whether or not such transaction is described in subsection (a).
`(2) CERTAIN IMPORTED ARTICLES- Notwithstanding paragraph (1)(B), the
importing of an article which is free of duty under part 2 of schedule 8 of
the Tariff Schedules of the United States shall not be treated as a
commercial-type transaction unless such transaction is described in
subsection (a).
`SEC. 3905. TAXABLE PERSON.
`(a) GENERAL RULE- Except as otherwise provided in this chapter, for
purposes of this chapter, the term `taxable person' means a person who engages
in a business or in a commercial-type transaction.
`(b) TREATMENT OF EMPLOYEES, ETC- For purposes of this chapter, an
employee shall not be treated as a taxable person with respect to activities
engaged in as an employee.
`SEC. 3906. TRANSACTIONS IN THE UNITED STATES.
`(a) SALES OF PROPERTY- For purposes of this chapter--
`(1) IN GENERAL- Except as provided in paragraph (2), the sale of
property shall be treated as occurring where delivery takes place.
`(2) REAL PROPERTY- The sale of real property shall be treated as
occurring where the real property is located.
`(b) PERFORMANCE OF SERVICE- For purposes of this chapter--
`(1) IN GENERAL- Except as otherwise provided in this subsection, a
service shall be treated as occurring where it is performed.
`(2) SERVICES PERFORMED INSIDE AND OUTSIDE THE UNITED STATES- If a
service is performed both inside and outside the United States, such service
shall be treated as performed--
`(A) inside the United States, if 50 percent or more of such service
is performed inside the United States, and
`(B) outside the United States, if less than 50 percent of such
service is performed inside the United States.
`SEC. 3907. RULES RELATING TO OTHER TERMS USED IN SECTION 3903.
`(a) EXCHANGES TREATED AS SALES- For purposes of this chapter--
`(1) an exchange of property for property or services shall be treated
as a sale of property, and
`(2) an exchange of services for property or services shall be treated
as the performance of services.
`(b) CERTAIN TRANSFERS TO EMPLOYEES TREATED AS SALES- For purposes of this
chapter, the transfer of property to an employee as compensation (other than a
transfer of a type for which no amount is includible in the gross income of
employees for purposes of chapter 1) shall be treated as the sale of
property.
`(c) PERFORMANCE OF SERVICES- For purposes of this chapter--
`(1) CERTAIN ACTIVITIES TREATED AS PERFORMANCE OF SERVICES- Activities
treated as included in the performance of services shall include (but shall
not be limited to)--
`(A) permitting the use of property,
`(B) the granting of a right to the performance of services or to
reimbursement (including the granting of warranties, insurance, and
similar items), and
`(C) the making of a covenant not to compete (or similar agreement to
refrain from doing something).
`(2) Employers and employees-
`(A) SERVICES FOR EMPLOYER- An employee's services for his employer
shall not be treated as the performance of services.
`(B) SERVICES FOR EMPLOYEE- An employer's services for his employee
shall not be treated as the performance of services unless such services
are of a type which constitute gross income to the employee for purposes
of chapter 1.
`(3) PERFORMANCE OF SERVICES TREATED AS SALE OF SERVICES- The
performance of services shall be treated as the sale of services.
`Subchapter C--Taxable Amount; Rate of Tax for Certain Transactions;
Credit Against Tax
`Sec. 3911. Taxable amount.
`Sec. 3912. Zero rating for food, housing, and medical care.
`Sec. 3913. Zero rating for exports and interest.
`Sec. 3914. Governmental entities.
`Sec. 3915. Exempt organizations.
`Sec. 3916. Credit against tax.
`SEC. 3911. TAXABLE AMOUNT.
`(a) AMOUNT CHARGED CUSTOMER- For purposes of this chapter, the taxable
amount for any transaction for which money is the only consideration shall be
the price charged the purchaser of the property or services by the seller
thereof--
`(1) including all invoiced charges for transportation, and other items
payable to the seller with respect to this transaction, but
`(2) excluding the tax imposed by section 3901 with respect to this
transaction and excluding any
State and local sales and use taxes with respect to this transaction.
`(b) EXCHANGES- For purposes of this chapter, the taxable amount in any
exchange of property or services shall be the fair market value of the
property or services transferred by the person liable for the tax (determined
as if such person had sold the property or services to the other party to the
exchange).
`(c) IMPORTS- For purposes of this chapter, the taxable amount in the case
of any import shall be--
`(1) the customs value plus customs duties and any other duties which
may be imposed, or
`(2) if there is no such customs value, the fair market value
(determined as if the importer had sold the property).
`(d) SPECIAL RULE IN THE CASE OF SALES OF CERTAIN USED CONSUMER GOODS- For
purposes of this chapter, if--
`(1) a taxable person acquires any tangible personal property in a
transaction which was not a taxable transaction, and
`(2) such property had been used by an ultimate consumer before such
acquisition,
the taxable amount in the case of any sale of such property by such
taxable person (determined without regard to this subsection) shall be reduced
by the amount paid for such property by such taxable person.
`SEC. 3912. ZERO RATING FOR FOOD, HOUSING, AND MEDICAL CARE.
`(a) ZERO RATING FOR FOOD, HOUSING, AND MEDICAL CARE- The rate of the tax
imposed by section 3901 shall be zero with respect to the following:
`(1) FOOD- The retail sale of food and nonalcoholic beverages for human
consumption (other than consumption on the premises).
`(2) HOUSING- The sale and renting of residential real property for use
by the purchaser or tenant as a principal residence.
`(3) MEDICAL CARE- Medical care.
`(b) DEFINITIONS- For purposes of subsection (a)--
`(1) NONALCOHOLIC BEVERAGES- The term `nonalcoholic beverages' does not
include any article which is taxable under chapter 51.
`(2) MEDICAL CARE- The term `medical care' means the performance of any
service, and the retail sale of any property, payment for which by the
purchaser would constitute medical care within the meaning of section
213.
`(3) MOBILE HOMES, ETC., TREATED AS REAL PROPERTY- A mobile or floating
home shall be treated as real property.
`(c) ADVANCE ZERO RATING- The Secretary shall prescribe regulations under
which any item which becomes clearly identifiable as an item to which
subsection (a) will apply when it reaches the retail stage shall be zero rated
for all transactions after it becomes so clearly identifiable.
`SEC. 3913. ZERO RATING FOR EXPORTS AND INTEREST.
`The rate of the tax imposed by section 3901 shall be zero with respect to
the following:
`(1) EXPORTS- Exports of property.
`SEC. 3914. GOVERNMENTAL ENTITIES.
`(a) ZERO RATING FOR SALES TO GOVERNMENTAL ENTITIES AND EDUCATIONAL
ACTIVITIES OF GOVERNMENTAL ENTITIES- The rate of the tax imposed by section
3901 shall be zero with respect to the following:
`(1) SALES TO GOVERNMENTAL ENTITIES- Any sale of property or services to
a governmental entity.
`(2) EDUCATIONAL ACTIVITIES- The providing by a governmental entity of
property and services in connection with the education of students.
`(b) SALES, ETC., BY GOVERNMENTAL ENTITIES TAXABLE ONLY WHERE SEPARATE
CHARGE IS MADE- For purposes of this chapter, the sale of property and the
performance of services by a governmental entity shall be a taxable
transaction if (and only if) a separate charge of fee is made therefor.
`(c) GOVERNMENTAL ENTITY DEFINED- For purposes of this chapter, the term
`governmental entity' means the United States, any State or political
subdivision thereof, the District of Columbia, a Commonwealth or possession of
the United States, or any agency or instrumentality of any of the
foregoing.
`SEC. 3915. EXEMPT ORGANIZATIONS.
`(a) ZERO RATING FOR SECTION 501(c)(3) ORGANIZATIONS; CREDIT ALLOWED FOR
ALL PURCHASES-
`(1) ZERO RATING- The rate of the tax imposed by section 3901 shall be
zero with respect to any taxable transaction engaged in by a section
501(c)(3) organization other than as part of an unrelated business.
`(2) CREDIT ALLOWED FOR ALL PURCHASES- For purposes of this chapter, a
section 501(c)(3) organization shall be treated as engaged in a business
with respect to all of its activities.
`(b) TAXABLE TRANSACTIONS IN CASE OF OTHER EXEMPT ORGANIZATIONS- For
purposes of this chapter, the sale of property and the performance of services
by any exempt organization other than a section 501(c)(3) organization shall
be a taxable transaction if (and only if) a charge or fee is made for such
services.
`(c) DEFINITIONS- For purposes of this chapter--
`(1) SECTION 501(c)(3) ORGANIZATIONS- The term `section 501(c)(3)
organization' means an organization described in section 501(c)(3) which is
exempt from tax under section 501(a).
`(2) OTHER EXEMPT ORGANIZATION- The term `other exempt organization'
means any organization (other than a section 501(c)(3) organization) which
is exempt from tax under chapter 1.
`SEC. 3916. CREDIT AGAINST TAX.
`(a) GENERAL RULE- There shall be allowed as a credit against the tax
imposed by section 3901 the aggregate amount of tax imposed by section 3901
which has been paid by sellers to the taxpayer of property and services which
the taxpayer uses in the business to which the transaction relates.
`(b) EXEMPT TRANSACTIONS, ETC- If--
`(1) property or services are used partly in the business and partly for
other purposes, or
`(2) property or services are used partly for taxable transactions and
partly for other transactions,
the credit shall be allowable only with respect to the property and
services used for taxable transactions in the business. No credit shall be
allowable for any transaction occurring when the taxpayer was a nontaxable
person.
`(c) EXCESS CREDIT TREATED AS OVERPAYMENT-
`(1) IN GENERAL- If for any taxable period the aggregate amount of the
credits allowable by subsection (a) exceeds the aggregate amount of the tax
imposed by section 3901 for such period, such excess shall be treated as an
overpayment of the tax imposed by section 3901.
`(2) TIME WHEN OVERPAYMENT ARISES- Any overpayment under paragraph (1)
for any taxable period shall be treated as arising on the later of--
`(A) the due date for the return for such period, or
`(B) the date on which the return is filed.
`Subchapter D--Administration
`Sec. 3921. Seller liable for tax.
`Sec. 3922. Tax invoices.
`Sec. 3923. De minimis exemption.
`Sec. 3924. Time for filing return and claiming credit; deposits of tax.
`Sec. 3925. Treatment of related businesses, etc.
`Sec. 3926. Secretary to be notified of certain events.
`Sec. 3927. Regulations.
`SEC. 3921. SELLER LIABLE FOR TAX.
`The person selling the property or services shall be liable for the tax
imposed by section 3901.
`SEC. 3922. TAX INVOICES.
`(a) SELLER MUST GIVE PURCHASER TAX INVOICE- Any taxable person engaging
in a taxable transaction shall give the purchaser a tax invoice with respect
to such transaction if the seller has reason to believe that the purchaser is
a taxable person.
`(b) CONTENT OF INVOICE- The tax invoice required by subsection (a) with
respect to any transaction shall set forth--
`(1) the name and identification number of the seller,
`(2) the name of the purchaser,
`(3) the amount of the tax imposed by section 3901, and
`(4) such other information as may be prescribed by regulations.
`(c) NO CREDIT WITHOUT INVOICE-
`(1) IN GENERAL- Except as provided in paragraphs (2) and (3), a
purchaser may claim a credit with respect to a transaction only if the
purchaser--
`(A) has received from the seller and has in his possession a tax
invoice which meets the requirements of subsection (b), and
`(B) is named as the purchaser in such invoice.
`(2) EMPLOYEES OR OTHER AGENTS NAMED IN INVOICES- To the extent provided
in regulations, the naming of an employee or other agent of the purchaser
shall be treated as the naming of the purchaser.
`(3) WAIVER OF INVOICE REQUIREMENT IN CERTAIN CASES- To the extent
provided in regulations, paragraph (1) shall not apply--
`(A) where the purchaser without fault on his part fails to receive or
fails to have in his possession a tax invoice,
`(B) to a taxable transaction (or category of transactions)
where--
`(i) the amount involved is de minimis, or
`(ii) the information required by subsection (b) can be reliably
established by sampling or by another method and can be adequately
documented.
`(d) TIME FOR FURNISHING INVOICE- Any invoice required to be furnished by
subsection (a) with respect to any transaction shall be furnished not later
than 15 business days after the tax point for such transaction.
`SEC. 3923. DE MINIMIS EXEMPTION.
`(a) IN GENERAL- Under regulations, a person--
`(1) whose aggregate taxable transactions for the calendar year do not
exceed $20,000, and
`(2) whose aggregate taxable transactions for the next calendar year can
reasonably be expected not to exceed $20,000,
may elect to be treated as a person who is not a taxable person for the
next calendar year.
`(b) EXCEPTIONS- Subsection (a) shall not apply--
`(1) to any sale or leasing of real property, and
`(2) to any importing of property.
`(c) TERMINATION OF ELECTION- Any election under subsection (a) for a
calendar year shall terminate if the aggregate taxable transactions--
`(1) for the first calendar quarter in such year exceed $7,000,
`(2) for the first 2 calendar quarters in such year exceed $12,000,
or
`(3) for the first 3 calendar quarters in such year exceed
$17,000.
Such termination shall take effect on the first day of the second month
following the close of the first period in which the requirements of paragraph
(1), (2), or (3) are met.
`(d) TAXABLE AMOUNT TREATED AS ZERO FOR ZERO-RATED TRANSACTIONS- For
purposes of this section, the taxable amount of any zero-rated transaction
shall be treated as zero.
`(e) CONDITION OF ELECTION- In the case of a person who is a taxable
person for any period, an election under subsection (a) may be made for
succeeding periods only with the consent of the Secretary. Such consent shall
be conditioned on placing such person, for all succeeding periods, in the same
position with respect to the tax imposed by section 3901 (and the credit
allowed by section 3916) he would have been in if all property and services he
holds at the time he becomes a nontaxable person had been acquired as a
nontaxable person.
`(f) CASUAL SALES AND LEASES OF REAL PROPERTY EXCLUDED- For purposes of
this section, the term `taxable transaction' does not include a transaction
which is treated as a commercial-type transaction solely by reason of section
3904(b)(1)(A).
`SEC. 3924. TIME FOR FILING RETURN AND CLAIMING CREDIT; DEPOSITS OF
TAX.
`(a) FILING RETURN- Before the first day of the second calendar month
beginning after the close of each taxable period, each taxable person shall
file a return of the tax imposed by section 3901 on taxable transactions
having a tax point within such taxable period.
`(b) CREDIT ALLOWED FOR TAXABLE PERIOD IN WHICH PURCHASER RECEIVES
INVOICE-
`(1) IN GENERAL- Except as provided in paragraph (2), a credit allowable
by section 3916 with respect to a transaction may be allowed only for the
first taxable period by the close of which the taxpayer--
`(A) has paid or accrued amounts properly allocable to the tax imposed
by section 3901 with respect to such transaction, and
`(B) has a tax invoice (or equivalent) with respect to such
transaction.
`(2) USE FOR LATER PERIOD- Under regulations, a credit allowable by
section 3916 may be allowed for a period after the period set forth in
paragraph (1).
`(c) TAXABLE PERIOD- For purposes of this chapter--
`(1) IN GENERAL- The term `taxable period' means a calendar
quarter.
`(A) ELECTION OF 1-MONTH PERIOD- If the taxpayer so elects, the term
`taxable period' means a calendar month.
`(B) OTHER PERIODS- To the extent provided in regulations, the term
`taxable period' includes a period, other than a calendar quarter or
month, selected by the taxpayer.
`(d) TAX POINT- For purposes of this chapter--
`(1) CHAPTER 1 RULES WITH RESPECT TO SELLER GOVERN- Except as provided
in paragraph (2), the tax point for any sale of property or services is the
earlier of--
`(A) the time (or times) when any income from the sale should be
treated by the seller as received or accrued (or any loss should be taken
into account by the seller) for purposes of chapter 1, or
`(B) the time (or times) when the seller receives payment for the
sale.
`(2) IMPORTS- In the case of the importing of property, the tax point is
when the property is entered, or withdrawn from warehouse, for consumption
in the United States.
`(e) MONTHLY DEPOSITS REQUIRED- To the extent provided in regulations,
monthly deposits may be required
of the estimated liability for any taxable period for the tax imposed by
section 3901.
`SEC. 3925. TREATMENT OF RELATED BUSINESSES, ETC.
`(a) GENERAL RULE- For purposes of this chapter (other than section 3923),
to the extent provided in regulations, the taxpayer may elect--
`(1) to treat as 1 taxable person 2 or more businesses which may be
treated under section 52(b) as 1 employer, and
`(2) to treat as separate taxable persons separate divisions of the same
business.
`(b) DE MINIMIS EXEMPTION- For purposes of section 3923, all businesses
which are under common control (within the meaning of section 52(b)) shall be
treated as 1 business.
`SEC. 3926. SECRETARY TO BE NOTIFIED OF CERTAIN EVENTS.
`To the extent provided in regulations, each person engaged in a business
shall notify the Secretary (at such time or times as may be prescribed by such
regulations) of any change in the form in which a business is conducted or any
other change which might affect the liability for the tax imposed by section
3901 or the amount of such tax or any credit against such tax, or otherwise
affect the administration of such tax in the case of such person.
`SEC. 3927. REGULATIONS.
`The Secretary shall prescribe such regulations as may be necessary to
carry out the purposes of this chapter.
`Subchapter E--Definitions and Special Rules; Treatment of Certain
Transactions
`Sec. 3931. Definitions.
`Sec. 3932. Special rules.
`Sec. 3933. Personal use by owner of business property or services.
`Sec. 3934. Gift of business property or services.
`Sec. 3935. Special rules for dispositions of nonbusiness real property.
`Sec. 3936. Special rule for insurance contracts.
`SEC. 3931. DEFINITIONS.
`(a) PROPERTY- For purposes of this chapter, the term `property' means any
tangible property.
`(b) BUSINESS- For purposes of this chapter, the term `business'
includes--
`(2) an activity regularly carried on for profit.
`(c) EMPLOYEE- For purposes of this chapter, the term `employee' has the
meaning such term has for purposes of chapter 24 (relating to withholding).
`(d) PERSON- For purposes of this chapter, the term `person' includes any
governmental entity.
`(e) BUSINESS DAY- For purposes of this chapter, the term `business day'
means any day other than Saturday and Sunday and other than a legal holiday
(within the meaning of section 7503).
`(f) UNITED STATES- For purposes of this chapter, the term `United
States', when used in a geographical sense, includes a Commonwealth and any
possession of the United States.
`SEC. 3932. SPECIAL RULES.
`(a) COORDINATION WITH SUBTITLE A- For purposes of subtitle A--
`(1) TREATMENT OF CREDIT- Any credit allowable to a taxpayer under
section 3916 which is attributable to any property or services shall be
treated as a reduction in the amount paid or incurred by the taxpayer for
such property or services.
`(2) AMOUNT OF DEDUCTION FOR TAX- The amount allowable as a deduction
for the tax imposed by section 3901 shall be determined without regard to
any credit allowable under section 3916.
`(3) COMPUTATION OF PERCENTAGE DEPLETION- For purposes of sections 613
and 613A--
`(A) gross income shall be reduced by the amount of the tax imposed by
section 3901, and
`(B) taxable income shall be determined without regard to any
deduction allowed for such tax.
`(b) SPECIAL RULE SALE OF PROPERTY INCLUDES INCIDENTAL PERFORMANCE OF
SERVICES- For purposes of this chapter, if in connection with the sale of any
property there is an incidental performance of services, such performance of
services shall be treated as part of the sale of such property.
`(c) SPECIAL RULE WHERE PERFORMANCE OF SERVICES INCLUDES INCIDENTAL
TRANSFER OF PROPERTY- For purposes of this chapter, if in connection with the
performance of any services there is an incidental transfer of property, such
transfer shall be treated as part of the performance of such services.
`(d) AUTHORITY TO ZERO RATE DE MINIMIS TRANSACTIONS, ETC- The Secretary
may prescribe regulations providing that the rate of tax shall be zero for a
taxable transaction (or category of such transactions) where--
`(1) the amount involved is de minimis, or
`(2) the revenue raised by taxing the transaction is not sufficient to
justify the administrative and other costs involved in the payment and
collection of the tax.
`(e) IMPORTING TREATED AS SALE AND PURCHASE- For purposes of this chapter,
the importing of any property into the United States shall be treated as both
a sale and purchase of such property by the person importing such property.
`(f) SUBCHAPTER S CORPORATION TREATED AS NOT A CORPORATION- For purposes
of this chapter, an S corporation (as defined in section 1361(a)) shall be
treated as a person which is not a corporation.
`(g) USE INCLUDES HELD FOR USE- For purposes of this chapter, property and
services held for use by any person shall be treated as used by the person.
`SEC. 3933. PERSONAL USE BY OWNER OF BUSINESS PROPERTY OR SERVICES.
`(a) GENERAL RULE- If any business property or services are used by an
owner of the taxpayer for personal purposes, for purposes of this chapter such
use shall be treated as a taxable transaction.
`(b) TAXABLE AMOUNT- In the case of a use described in subsection (a), for
purposes of this chapter, the taxable amount shall be--
`(1) except as provided in paragraph (2), the fair market value of the
property or the services, or
`(2) if such use is only the temporary use of property, the fair rental
value of such use.
`(c) DEFINITIONS- For purposes of this section--
`(1) BUSINESS PROPERTY OR SERVICES- The term `business property or
services' means any property or services if a sale of such property, or the
performance of such services, by the taxpayer would be a taxable
transaction.
`(2) OWNER- The term `owner' means--
`(A) in the case of a sole proprietorship, the proprietor,
`(B) in the case of any other business enterprise, any holder of a
beneficial interest in the corporation, partnership, or other entity,
and
`(C) any member of the family (within the meaning of section
267(c)(4)) of an individual described in subparagraph (A) or (B).
`SEC. 3934. GIFT OF BUSINESS PROPERTY OR SERVICES.
`(a) GENERAL RULE- In the case of any gift of business property or
services, for purposes of this chapter--
`(1) such gift shall be treated as a taxable transaction, and
`(2) the taxable amount shall be the amount determined under section
3933(b).
`(b) GIFTS RELATED TO BUSINESS PROMOTION ACTIVITIES- For purposes of
subsection (a), the term `gift' includes any gift of property or services
transferred in connection with business promotion activities.
`SEC. 3935. SPECIAL RULES FOR DISPOSITIONS OF NONBUSINESS REAL
PROPERTY.
`(a) IN GENERAL- In the case of any sale of real property which is treated
as a commercial-type transaction solely by reason of section 3904(b)(1)(A),
for purposes of this chapter, the taxable amount shall be the excess (if any)
of--
`(1) the amount realized on such sale, over
`(2) the adjusted cost to the taxpayer of such real property.
`(b) ADJUSTED COST- For purposes of subsection (a)--
`(1) IN GENERAL- Except as provided in paragraph (2), the term `adjusted
cost' means, with respect to any property, the basis of such property
increased by expenditures properly chargeable to capital account (other than
taxes or other carrying charges described in section 266) for periods during
the holding period for such property.
`(2) TRANSITIONAL RULE- The adjusted cost of any property shall include
only amounts incurred during periods after December 31, 1997.
`(c) VALUE ADDED TAX NOT TAKEN INTO ACCOUNT- For purposes of this section,
the amount realized on any sale of real property shall not include any amount
attributable to the tax imposed by this chapter.
`SEC. 3936. SPECIAL RULE FOR INSURANCE CONTRACTS.
`In the case of any contract of insurance, for purposes of this chapter,
the taxable amount is the excess of--
`(1) the portion of the premium attributable to insurance coverage,
over
`(2) the actuarial cost to the insurer of providing such insurance
coverage.'
(b) CLERICAL AMENDMENT- The table of chapters for subtitle D of the
Internal Revenue Code of 1986 is amended by inserting before the item relating
to chapter 31 the following:
`CHAPTER 30. Value added tax.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
transactions occurring after December 31, 1999.
SEC. 1002. REVENUE FROM VALUE ADDED TAX TO FUND NATIONAL HEALTH CARE TRUST
FUND.
(a) IN GENERAL- Subchapter A of chapter 98 of the Internal Revenue Code of
1986 (relating to trust fund code) is amended by adding at the end the
following new section:
`SEC. 9511. NATIONAL HEALTH CARE TRUST FUND.
`(a) CREATION OF TRUST FUND- There is established in the Treasury of the
United States a trust fund to be known as the `National Health Care Trust
Fund', consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
`(b) TRANSFERS TO TRUST FUND- There are hereby appropriated to the
National Health Care Trust Fund amounts equivalent to amounts received in the
Treasury from the tax imposed under section 3901 of the Internal Revenue Code
of 1986 (relating to the value added tax).
`(c) EXPENDITURES FROM TRUST FUND- Amounts in the National Health Care
Trust Fund shall be available only for purposes of making expenditures to
carry out the program of health benefits under the National Health Insurance
Act.'
(b) CLERICAL AMENDMENT- The table of sections for such subchapter A is
amended by adding at the end the following new item:
`Sec. 9511. National Health Care Trust Fund.'
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
on January 1, 1999.
TITLE XI--STUDY AND DEVELOPMENT OF COST CONTROL MECHANISMS
DEVELOPMENT OF COST CONTROL MECHANISMS
SEC. 1101. (a) STUDY- The Secretary of Health and Human Services shall
conduct a study analyzing various methods to control the costs of providing
personal health benefits under this Act, and shall include in such study an
analysis of the effects on such costs of medical malpractice claims and the
purchase of medical malpractice liability insurance by providers of the
benefits.
(b) REPORTS TO CONGRESS- Not later than October 1, 2001, the Secretary
shall submit a report to Congress describing the study conducted under
subsection (a), and shall include in the report recommendations on methods to
control costs under this Act, including recommendations on the development of
a system under which medical malpractice claims brought against providers of
benefits under this Act may be resolved in an equitable and cost-effective
manner. Not later than April 1, 2002, the Secretary shall promulgate
regulations to implement the recommendations made in the report.
END