SUMMARY AS OF:
1/19/1999--Introduced.
TABLE OF CONTENTS:
Title I: Expansion of the State Children's Health Insurance
Program
Title II: Expanded Health Services for Disabled Individuals
Title III: Health Care Insurance Coverage
Subtitle A: General Provisions
Subtitle B: Tax Provisions
Title IV: Primary and Preventive Care Services
Title V: Patient's Right to Decline Medical Treatment
Title VI: Primary and Preventive Care Providers
Title VII: Cost Containment
Title VIII: Tax Incentives for Purchase of Qualified
Long-Term Care Insurance
Title IX: National Fund for Health Research
Health Care Assurance Act of 1999 - Title I: Expansion of the State
Children's Health Insurance Program - Amends title XX (Block Grants to
States for Social Services) of the Social Security Act (SSA) with respect to the
definition of a low-income child for the State children's health insurance
program, to raise the family income eligibility threshold from a maximum 200
percent to a maximum 235 percent of the poverty line for a family of the size
involved.
Title II: Expanded Health Services for Disabled Individuals - Amends
SSA title II (Old Age, Survivors and Disability Insurance (OASDI)) to extend to
24 months the period of Medicare coverage after returning to work for recipients
of OASDI disability benefits. Provides for such recipients to "buy-into"
Medicare at a reduced rate, subject to annual review.
(Sec. 202) Amends SSA title XIX (Medicaid) to require a State to permit an
individual entitled to Medicaid for nursing facility services or intermediate
care facility services for the mentally retarded to choose to receive medical
assistance for qualified community-based attendant services (rather than
institutional services), in the most integrated setting appropriate to the
individual's needs, so long as the aggregate amount of Federal expenditures for
such individuals in a fiscal year does not exceed the total that would have been
expended for them to receive institutional services, plus a specified decreasing
transitional allotment each fiscal year between FY 2000 and 2005. Allows for
reimbursement for such services without regard to the recipient's age or the
nature of the disability.
Requires a State to develop a long-term care services transition plan to
increase the proportion of such services provided in home and community-based,
rather than institutional, settings.
Requires the Secretary of Health and Human Services to: (1) report to
Congress on how excessive utilization of medical services can be reduced by
using qualified community-based attendant services; (2) develop an instrument to
assess the functional needs of an individual for qualified community-based
attendant services; and (3) establish a task force to examine appropriate
methods of financing long-term care services.
(Sec. 203) Amends SSA title XIX (Medicaid) to authorize a State to: (1) waive
the income limitation on Medicaid eligibility for any individual for whom it
finds the potential for employment opportunities would be enhanced through the
provision of certain medical services; and (2) impose on such an individual a
premium based on an income-related sliding scale.
Title III: Health Care Insurance Coverage - Subtitle A: General
Provisions - Amends the Employee Retirement Income Security Act of 1974
(ERISA) and the Public Health Service Act (PHSA) to mandate: (1) a set of rules
for determining the actuarial value of the coverage offered by a plan or group
health insurance coverage; and (2) a target actuarial value. Includes coverage
for medical and surgical services, medical equipment, preventive services, and
emergency transportation in frontier areas (standard coverage).
(Secs. 301 and 302) Mandates model regulations specifying standards for
making qualified group health plans available to small employers. Allows a State
to implement more stringent standards, so long as the State standards do not
prevent the offering of at least one plan that provides standard coverage.
Requires each group plan offered, and issuer offering group coverage, to a
small employer to establish a standard premium in each community rating area.
Requires each State to divide the State into one or more community rating areas.
Prescribes requirements for premiums. Provides for the treatment of rates
negotiated with a small employer purchasing group in a rating area.
Mandates full disclosure of rating practices.
Provides for State certification of small employer purchasing groups.
Prescribes requirements for such groups. Provides for payroll deductions for
premiums.
Requires each such group to offer eligible employees, eligible individuals,
and certain uninsured individuals the opportunity to enroll in any qualified
group health plan that has an agreement with the group. Prescribes requirements
for premiums.
Requires each such group to market plans to members through the entire
community rating area served by the group.
Mandates grants to States and small employer purchasing groups to assist in
planning, developing, and operating such groups. Authorizes appropriations.
Authorizes a State to establish a system in all or part of the State under
which the groups are the sole mechanism through which coverage for employees of
small employers may be purchased or provided.
Requires each small employer (except new and very small employers) to make
available to each eligible employee a group health plan providing at least
standard coverage, with a specified maximum waiting period allowed. Declares
that employer cost contributions are not required. Allows the requirement to be
met through a multiemployer plan.
Applies the requirements of this title to a multiemployer plan that is
maintained by an organization such as a trade, industry, or professional
association, a chamber of commerce, a religious organization, or a public entity
association. Requires that a plan be certified by the Secretary. Sets forth
special rules for church plans, plans maintained by a health plan sponsor, or
plans maintained by a rural electric or rural telephone cooperative.
(Sec. 303) Amends the PHSA to apply the provisions of this title to coverage
offered in the individual market.
Subtitle B: Tax Provisions - Amends the Internal Revenue Code to
impose taxes on the failure to comply with this title's requirements by a health
insurance issuer, any small employer, or a qualified association, church plan,
multiemployer plan, or plan maintained by a rural electric or telephone
cooperative.
(Sec. 314) Allows self-employed individuals to deduct 100 percent of their
health insurance costs in 2001 and thereafter.
(Sec. 315) Amends the Internal Revenue Code, ERISA, and PHSA to: (1) provide
for group health plan continuation (COBRA) coverage; (2) modify the requirements
regarding the period of continuation coverage; and (3) make a special rule for
dependent children, extending COBRA coverage until 36 months after a child
ceases to be dependent.
Title IV: Primary and Preventive Care Services - Amends SSA title
XVIII (Medicare) to cover: (1) annual pap smears, pelvic exams, and mammography
screening for women, with no copayment or Part B deductible; and (2) insulin
pumps for the computerized delivery of insulin to certain Type I diabetics in
lieu of multiple daily manual insulin injections.
(Sec. 402) Authorizes appropriations to carry out the healthy start program
under PHSA relating to research and investigations generally, requiring
reservation of specified amounts for model projects.
(Sec. 403) Amends PHSA to authorize appropriations for: (1) preventive health
service immunization programs; (2) the prevention and control of sexually
transmitted diseases; (3) family planning projects; (4) breast and cervical
cancer programs; and (5) preventive health and health services block grants.
Amends title V (Maternal and Child Health Services Block Grants) of the
Social Security Act to authorize appropriations.
(Sec. 404) Mandates grants to States to enable them to: (1) make grants to
establish, operate, and improve local programs of comprehensive health education
and prevention, early health intervention, and health education in elementary
and secondary schools; and (2) develop related training, technical assistance,
and coordination.
Establishes in the Office of the Secretary of Education the Office of
Comprehensive School Health Education. Authorizes appropriations.
(Sec. 405) Mandates a program of grants to agencies conducting Head Start
training for training and technical assistance to Head Start teachers and other
child care providers. Authorizes appropriations.
(Sec. 406) Amends PHSA to make abstinence information a necessary service of
adolescent family life demonstration projects. Requires demonstration project
grants, as much as practicable, to ensure adequate urban and rural area
representation. Mandates a simplified and expedited application process for
applicants seeking less than a specified amount of funds. Authorizes
appropriations to carry out adolescent family life demonstration projects.
Title V: Patient's Right to Decline Medical Treatment - Prohibits
State restrictions, except to protect a third party, on the right: (1) of a
competent adult to consent to or decline medical treatment; or (2) of an
incapacitated person to consent to or decline medical treatment through a power
of attorney or similar document. Mandates development of national advance
directive and durable power of attorney forms and requires all health care
providers to honor such forms. Shields providers who act in good faith from
criminal or civil liability or professional discipline. Denies Medicare and
Medicaid payment for services contrary to the adult's wishes.
Title VI: Primary and Preventive Care Providers - Amends SSA title
XVIII (Medicare) to increase from 85 percent to 90 percent of the physicians'
services fee schedule a specified portion of the formula for the Medicare
reimbursement for physician assistants, nurse practitioners, and clinical nurse
specialists.
(Sec. 602) Amends title XIX (Medicaid) of the Social Security Act to include
physician assistants, nurse practitioners, clinical nurse specialists, and
certified registered nurse anesthetists in the definition of "medical
assistance" for which payment will be made.
(Sec. 603) Amends PHSA to establish grant programs to: (1) provide medical
(including osteopathic) students for programs to interest high school or college
students in careers in general medical practice; and (2) develop strategies for
recruiting and placing medical students interested in practicing general
medicine. Authorizes appropriations.
Title VII: Cost Containment - Authorizes a program of clinical trials
regarding promising new drugs and disease treatments. Authorizes appropriations.
(Sec. 702) Authorizes appropriations for the Agency for Health Care Policy
Research.
Amends the Internal Revenue Code to impose a tax on health insurance
premiums, payable by any person who makes, signs, issues, or sells any of the
documents and instruments subject to the tax or for whose use or benefit the
same are made, signed, issued, or sold. Establishes, and deposits the resulting
tax receipts in, the Trust Fund for Medical Treatment Outcomes Research.
Mandates annual Trust Fund distributions for outcomes research.
(Sec. 703) Mandates grants to States that establish health care cost
containment and quality information systems. Authorizes appropriations.
Title VIII: Tax Incentives for Purchase of Qualified Long-Term Care
Insurance - Allows a credit for a percentage of premiums for a long-term
care insurance contract.
(Sec. 802) Makes the currently excluded long-term care insurance a "qualified
benefit" for cafeteria plans. Excludes from an employee's gross income (the
currently included) employer-provided coverage for long-term care.
(Sec. 803) Excludes from gross income amounts from the whole or partial
surrender, cancellation, or exchange of any life insurance contract if the
amount is used to pay for any qualified long-term care insurance contract and
other requirements are met. Declares that no gain or loss shall be recognized on
the exchange of a life insurance or annuity contract for a long-term care
contract if certain requirements are met.
(Sec. 804) Makes a home equity conversion sale-leaseback transaction eligible
for the one-time exclusion from gain from the sale of a principal residence if a
portion of the proceeds is used to purchase a qualified long-term care contract
and other requirements are met.
Title IX: National Fund for Health Research - Amends PHSA to establish
the National Fund for Health Research, consisting of certain amounts set aside
from health plan premiums and interest on those amounts. Requires distribution
of all amounts available in the Fund in a fiscal year to the institutes and
centers of the National Institutes of Health in certain proportions. Excludes
the Fund from any budget enforcement procedure under the Congressional Budget
Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985
(Gramm-Rudman-Hollings Act).