[Page S6622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TEXT OF AMENDMENTS

SA 807. Mr. HUTCHINSON (for himself, Mr. Bond, Ms. Collins, Mr.
Allen, Mr. Nickles, Mr. Burns, and Mr. Smith of New Hampshire) proposed
an amendment to the bill S. 1052, to amend the Public Health Service
Act and the Employee Retirement Income Security Act of 1974 to protect
consumers in managed care plans and other health coverage; as follows:

At the end, add the following:

SEC. . DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS
OF SELF-EMPLOYED INDIVIDUALS.

(a) In General.--Paragraph (1) of section 162(l) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer and the taxpayer's spouse and dependents.''.
(b) Clarification of Limitations on Other Coverage.--The
first sentence of section 162(l)(2)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
``Paragraph (1) shall not apply to any taxpayer for any
calendar month for which the taxpayer participates in any
subsidized health plan maintained by any employer (other than
an employer described in section 401(c)(4)) of the taxpayer
or the spouse of the taxpayer.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2001.
____

SA 808. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 1052, to amend the Public Health Service Act and
the Employee Retirement Income Security Act of 1974 to protect
consumers in managed care plans and other health coverage; which was
ordered to lie on the table; as follows:

On page 97, between lines 13 and 14, add the following:

SEC. . PROMOTING GOOD MEDICAL PRACTICE.

(a) Prohibiting Arbitrary Limitations or Conditions for the
Provision of Services.--
(1) In general.--A group health plan, or a health insurance
issuer that is providing health insurance coverage, may not
arbitrarily interfere with or alter the decision of the
treating physician regarding the manner or setting in which
particular services are delivered if the services are
medically necessary or appropriate for treatment or diagnosis
to the extent that such treatment or diagnosis is otherwise a
covered benefit.
(2) Construction.--Paragraph (1) shall not be construed as
prohibiting a plan or issuer from limiting the delivery of
services to one or more health care providers within a
network of such providers.
(3) Manner or setting defined.--In paragraph (1), the term
``manner or setting'' means the location of treatment, such
as whether treatment is provided on an inpatient or
outpatient basis, and the duration of treatment, such as the
number of days in a hospital. Such term does not include the
coverage of a particular service or treatment.
(b) No Change in Coverage.--Subsection (a) shall not be
construed as requiring coverage of particular services the
coverage of which is otherwise not covered under the terms of
the plan or coverage or from conducting utilization review
activities consistent with this subsection.
(c) Medical Necessity or Appropriateness Defined.--In
subsection (a), the term ``medically necessary or
appropriate'' means, with respect to a service or benefit, a
service or benefit which is consistent with generally
accepted principles of professional medical practice.
(d) Application of Section.--This section shall supersede
any other provision of this title that conflicts with a
provision of this section.
(e) Review.--Failure to meet the requirements of this
section shall constitute an appealable decision under
subtitle A and a cause of action relating to such shall be
deemed to arise by reason of a medically reviewable decision
for purposes of section 514(d) of the Employee Retirement
Income Security Act of 1974 (as added by section 302(b)).
____

SA 809. Mr. McCAIN proposed an amendment to the bill S. 1052, to
amend the Public Health Service Act and the Employee Retirement Income
Security Act of 1974 to protect consumers in managed care plans and
other health coverage; as follows:

At the appropriate place, insert the following:

SEC. . SENSE OF SENATE WITH RESPECT TO PARTICIPATION IN
CLINICAL TRIALS AND ACCESS TO SPECIALTY CARE.

(a) Findings.--The Senate finds the following:
(1) Breast cancer is the most common form of cancer among
women, excluding skin cancers.
(2) During 2001, 182,800 new cases of female invasive
breast cancer will be diagnosed, and 40,800 women will die
from the disease.
(3) In addition, 1,400 male breast cancer cases are
projected to be diagnosed, and 400 men will die from the
disease.
(4) Breast cancer is the second leading cause of cancer
death among all women and the leading cause of cancer death
among women between ages 40 and 55.
(5) This year 8,600 children are expected to be diagnosed
with cancer.
(6) 1,500 children are expected to die from cancer this
year.
(7) There are approximately 333,000 people diagnosed with
multiple sclerosis in the United States and 200 more cases
are diagnosed each week.
(8) Parkinson's disease is a progressive disorder of the
central nervous system affecting 1,000,000 in the United
States.
(9) An estimated 198,100 men will be diagnosed with
prostate cancer this year.
(10) 31,500 men will die from prostate cancer this year. It
is the second leading cause of cancer in men.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) men and women battling life-threatening, deadly
diseases, including advanced breast or ovarian cancer, should
have the opportunity to participate in a Federally approved
or funded clinical trial recommended by their physician;
(2) an individual should have the opportunity to
participate in a Federally approved or funded clinical trial
recommended by their physician if--
(A) that individual--
(i) has a life-threatening or serious illness for which no
standard treatment is effective;
(ii) is eligible to participate in a Federally approved or
funded clinical trial according to the trial protocol with
respect to treatment of the illness;
(B) that individual's participation in the trial offers
meaningful potential for significant clinical benefit for the
individual; and
(C) either--
(i) the referring physician is a participating health care
professional and has concluded that the individual's
participation in the trial would be appropriate, based upon
the individual meeting the conditions described in
subparagraph (A); or
(ii) the participant, beneficiary, or enrollee provides
medical and scientific information establishing that the
individual's participation in the trial would be appropriate,
based upon the individual meeting the conditions described in
subparagraph (A);
(3) a child with a life-threatening illness, including
cancer, should be allowed to participate in a Federally
approved or funded clinical trial if that participation meets
the requirement of paragraph 2;
(4) a child with a rare cancer should be allowed to go to a
cancer center capable of providing high quality care for that
disease; and
(5) a health maintenance organization's decision that an
in-network physician without the necessary expertise can
provide care for a seriously ill patient, including a woman
battling cancer, should be appealable to an independent,
impartial body, and that this same right should be available
to all Americans in need of access to high quality specialty
care.

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