H.R.5120 - Intergovernmental Health Care Fraud and Abuse Commission Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Weiss, Ted [D-NY-17] (Introduced 05/07/1992)|
|Committees:||House - Energy and Commerce; Judiciary; Ways and Means|
|Latest Action:||House - 07/08/1992 Referred to the Subcommittee on Crime and Criminal Justice. (All Actions)|
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Text: H.R.5120 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
HR 5120 IH 102d CONGRESS 2d Session H. R. 5120 To establish an Intergovernmental Commission on Health Care Fraud and Abuse. IN THE HOUSE OF REPRESENTATIVES May 7, 1992 Mr. WEISS introduced the following bill; which was referred jointly to the Committees on Energy and Commerce, the Judiciary, and Ways and Means A BILL To establish an Intergovernmental Commission on Health Care Fraud and Abuse. 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 `Intergovernmental Health Care Fraud and Abuse Commission Act of 1992'. SEC. 2. ESTABLISHMENT OF INTERGOVERNMENTAL HEALTH CARE FRAUD AND ABUSE COMMISSION. (a) IN GENERAL- There is established a commission to be known as the `Intergovernmental Commission on Health Care Fraud and Abuse' (in this Act referred to as the `Commission'). (b) COMPOSITION- The Commission shall be composed of 13 members as follows: (1) OFFICIALS- (A) The Secretary of Health and Human Services (or the Secretary's designee). (B) The Inspector General of the Department of Health and Human Services (or the Inspector General's designee). (C) The Attorney General (or the Attorney General's designee). (D) The Director of the Federal Bureau of Investigation (or the Director's designee). (E) The Administrator of the Health Care Financing Administration (or the Administrator's designee). (2) PUBLIC MEMBERS- Eight members, appointed by the President, of which-- (A) one shall be an Attorney General of a State; (B) one shall be a representative of State medicaid fraud control programs; (C) one shall be a representative of health care consumers; (D) one shall be a representative of medicare beneficiaries; (E) one shall be a representative of physicians; (F) one shall be a representative of health insurance companies; (G) one shall be a representative of employers who provide employee health insurance; and (H) one shall be a representative of labor unions. In making appointments under this paragraph of an individual who is a representative of persons or organizations, the President shall consider the recommendations of national organizations that represent such persons or organizations. The President shall report to Congress, within 90 days after the date of the enactment of this Act, the names of the members appointed under this paragraph. (c) TERMS- Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. SEC. 3. FUNCTIONS OF COMMISSION. (a) IN GENERAL- The Commission shall-- (1) investigate the nature, magnitude, and cost of health care fraud and abuse in the United States, and (2) identify and develop the most effective methods of preventing and eliminating such fraud and abuse, with particular emphasis on coordinating public and private prevention and enforcement efforts. (b) PARTICULARS- Among other items, the Commission shall examine at least the following: (1) Mechanisms to provide greater standardization of claims administration in order to accommodate fraud detection and prevention. (2) Mechanisms to allow more freedom of health benefit plans to exchange information for coordinating case development and prosecution efforts, without undermining patient and provider privacy protections or violating anti-trust laws. (3) The need for regulation of new types of health care providers. (4) Criteria for physician referrals to facilities in which they (or family members) have a financial interest. (5) The extension to private health insurers of administrative remedies currently available to public insurers. (6) Creating a model State statute for establishing State insurance fraud units and State laws to strengthen insurers' ability to pursue and recover from fraudulent providers. (7) The availability of resources to law enforcement authorities to combat health care fraud and abuse. (c) REPORT- After approval by a majority vote, a quorum being present, the Commission shall transmit to Congress a report on its activities to Congress. The report shall be transmitted not later than 18 months after the date that a majority of the public members of the Commission have been appointed. The report shall contain a detailed statement of the Commission's findings, together with such recommendations as the Commission considers appropriate. SEC. 4. COMPENSATION AND ORGANIZATION. (a) COMPENSATION OF MEMBERS- (1) RATES OF PAY- Each public member described in section 2(b)(2) who is not an officer or employee of the Federal Government is entitled to receive pay, subject to such amounts as are provided in advance in appropriation Acts, the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which the member is engaged in the actual performance of duties vested in the Commission. Each member of the Commission who is such an officer or employee shall serve without additional pay. (2) TRAVEL EXPENSES- While away from their homes or regular places of business in performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) ORGANIZATION- (1) QUORUM- Seven members of the Commission shall constitute a quorum but a lesser number may hold hearings. (2) CHAIRMAN- The chairman of the Commission shall be elected by the members. (3) MEETINGS- The Commission shall meet at the call of the chairman or a majority of its members. Meetings of the Commission are open to the public under section 10(a)(10) of the Federal Advisory Committee Act, except that the Commission may conduct meets in executive session but only if a majority of the members of the Commission (a quorum being present) approve going into executive session. (c) FUNDING- There are authorized to be appropriated to the Commission such funds as are necessary to carry out its functions. Such funds shall remain available until expended. SEC. 5. STAFF OF COMMISSION. (a) IN GENERAL; DETAIL OF FEDERAL EMPLOYEES- Subject to rules prescribed by the Commission, the chairman may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service. Upon request of the chairman, any Federal employee who is subject to such laws, rules, and regulations, may be detailed to the Commission to assist it in carrying out its functions under this Act, and such detail shall be without interruption or loss of civil service status or privilege. (b) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-18 of the General Schedule. SEC. 6. AUTHORITY OF COMMISSION. (a) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) OBTAINING OFFICIAL DATA- (1) IN GENERAL- The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) ACCESS TO INFORMATION- Information obtained by the Commission is available to the public in the same manner in which information may be made available under sections 552 and 552a of title 5, United States Code. (c) GIFTS, BEQUESTS, AND DEVISES- The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property for the purpose of aiding or facilitating the work of the Commission. (d) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) SUBPOENA POWER- (1) IN GENERAL- The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is authorized to investigate under this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) SERVICE OF SUBPOENAS- The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) SERVICE OF PROCESS- All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 7. TERMINATION. The Commission shall terminate 60 days after the date the report is submitted under section 3(c).