Text: H.R.384 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 384 IH
102d CONGRESS
1st Session
 H. R. 384
To amend chapter 89 of title 5, United States Code, to provide authority
for the direct payment or reimbursement of certain additional types of
health care professionals; to clarify certain provisions of such chapter
with respect to coordination with State and local law; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Ms. OAKAR introduced the following bill; which was referred to the Committee
on Post Office and Civil Service
A BILL
To amend chapter 89 of title 5, United States Code, to provide authority
for the direct payment or reimbursement of certain additional types of
health care professionals; to clarify certain provisions of such chapter
with respect to coordination with State and local law; and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Federal Employees Health Care Freedom-of-Choice
  Act'.
SEC. 2. AUTHORITY TO PAY OR REIMBURSE CERTAIN ADDITIONAL HEALTH CARE
PROFESSIONALS.
  Section 8902(k) of title 5, United States Code, is amended--
  (1) in paragraph (1), by inserting `(except if, or to the extent that,
  any such supervision or referral is required under State or local law,
  or regulations issued thereunder, as described in subsection (m)(1)(B))'
  after `practitioner'; and
  (2) by striking out paragraph (2) and inserting in lieu thereof the
  following:
  `(2)(A) When a contract under this chapter requires payment or reimbursement
  for services which may be performed by a health practitioner referred to in
  subparagraph (B), an employee, annuitant, family member, former spouse or
  person having continued coverage under section 8905a of this title covered
  by the contract--
  `(i) shall be free to select, and shall have direct access to, such a health
  practitioner without supervision or referral by another health practitioner
  (whether of a type referred to in subparagraph (B) or otherwise), except
  if, or to the extent that, any such supervision or referral is required
  under State or local law, or regulations issued thereunder, as described
  in subsection (m)(1)(B); and
  `(ii) shall be entitled under the contract to have payment or reimbursement
  made to him or on his behalf for the services performed.
  `(B) This paragraph applies with respect to--
  `(i) a chiropractor;
  `(ii) a marriage and family therapist; and
  `(iii) a mental health counselor;
who is licensed or certified as such under Federal or State law, as applicable.
  `(3) When a contract under this chapter requires payment or reimbursement
  for services of a health practitioner covered by paragraph (2), the terms
  and conditions governing such payments or reimbursements shall be the same
  as the terms and conditions generally applicable under contracts under
  this chapter requiring payments or reimbursements for services of health
  practitioners covered by paragraph (1).
  `(4) The provisions of this subsection shall not apply to prepayment plans
  described in section 8903(4) of this title.'.
SEC. 3. COORDINATION WITH STATE AND LOCAL LAW.
  Section 8902(m) of title 5, United States Code, is amended--
  (1) by redesignating paragraph (1) as paragraph (1)(A);
  (2) by adding at the end of paragraph (1)(A) (as so redesignated by paragraph
  (1)) the following:
  `(B) Nothing in this chapter nor in the provisions of any contract under
  this chapter shall be considered to supersede or preempt any State or local
  law, or any regulation issued thereunder, which relates to licensing or
  certification to practice medicine, nursing, or another health profession.';
  and
  (3) by striking out the last sentence of paragraph (2)(A).
SEC. 4. EFFECTIVE DATE.
  The amendments made by this Act shall be effective with respect to contracts
  entered into or renewed for calendar years beginning after the date of
  the enactment of this Act.

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