Summary: S.308 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.308. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/01/1995)

TABLE OF CONTENTS:

Title I: Health Insurance Reform

Title II: State Innovation

Subtitle A: State Waiver Authority

Subtitle B: State Laws

Title III: Public Health and Rural and Underserved Access

Improvement

Title IV: Medical and Health Research

Title V: Fraud and Abuse

Subtitle A: All-Payer Fraud and Abuse Control Program

Subtitle B: Revisions to Current Sanctions for Fraud

and Abuse

Subtitle C: Civil Monetary Penalties

Subtitle D: Payments for State Health Care Fraud

Control Units

Title VI: Revenue Provisions

Subtitle A: Financing Provisions

Subtitle B: Health Care Reform Trust Fund

Health Partnership Act of 1995 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas.

Requires the Secretary to develop such standards if the NAIC fails to do so.

(Sec. 1002) Revises provisions regarding Medicare supplemental policies.

Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring patients receive high-quality, appropriate health care; and (4) testing alternative reforms.

Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers.

Directs the Secretary to establish a State Health Reform Advisory Commission to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary and the Congress with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers.

Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause.

Authorizes grants to States for carrying out alternative State health programs. Directs the Secretary to: (1) grant priority to State projects that have the greatest opportunity to succeed in providing expanded health insurance coverage and access and in providing children, youth, and vulnerable populations with access to health care items and services; and (2) attempt to link allocations to States to the meeting of goals and performance measures relating to health care coverage, access, costs, and outcomes and vulnerable populations through the State project application process.

Permits local governments to submit such applications if a State fails to do so or if a local government can demonstrate unique demographic needs or a significant population size that warrants a substate waiver. Earmarks funds for such grants from the Health Care Reform Trust Fund.

Subtitle B: State Laws - Part A: Existing Waivers and Hawaii Prepaid Health Care Act - Continues certain existing waivers for States from requirements of titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and the Employee Retirement Income Security Act of 1974 (ERISA).

Part B: Erisa Review - Amends ERISA to make certain ERISA preemptions of State laws regarding retirement income security inapplicable, upon application of a State, to State programs that: (1) require participation in an uncompensated care pool; (2) provide for the imposition of a specified tax on health care providers; or (3) implement an exemption as provided by this Act.

(Sec. 2112) Directs the ERISA Review Commission to make recommendations to the Secretary of Labor with respect to: (1) uniform data collection concerning use, cost, and quality information and requiring common claims processing; (2) the authority of States to establish interim minimum benefits packages until implementation of a national uniform benefits plan; (3) the application of preemption rules only to self-insured employers which have more than a minimum number of employees; (4) the authority of States to regulate the quality of managed care plans which contract with self-insured plans; (5) State health care financing programs, including taxes on health services and employers to provide for coverage; (6) rate setting by hospital reimbursement systems; (7) the authority of States to require employers to pay for or offer health benefits; (8) the authority of the Federal Government to provide remedies and consumer protections to beneficiaries of self-insured plans; (9) the authority of States to require self-insured plans to participate in purchasing cooperatives and risk adjustment systems; (10) a national uniform benefits plan applicable to all health plans; and (11) unresolved issues.

Sets forth requirements with respect to the implementation of such recommendations.

(Sec. 2113) Establishes the Commission. Authorizes appropriations.

Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1995 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities.

(Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement.

Directs the Secretary to issue practice guidelines that are based on the results of such evaluations.

Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs.

Title IV: Medical and Health Research - Medical and Health Research Act of 1995 - Establishes a National Fund for Health Research in the Treasury.

(Sec. 4003) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research.

Title V: Fraud and Abuse - Health Fraud and Abuse Reduction Act of 1995 - Subtitle A: All-Payer Fraud and Abuse Control Program - Directs the Secretary and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) by regulation, standards to carry out the program. Authorizes appropriations as necessary to conduct investigations and audits of such fraud and abuse and to carry out such program. Establishes the Health Care Fraud and Abuse Control Account from which funds shall be available to carry out the program.

Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Revises sanctions under the Social Security Act with respect to health care fraud and abuse.

Subtitle C: Civil Monetary Penalties - Revises provisions of the Social Security Act regarding civil penalties for health care fraud violations.

Subtitle D: Payments for State Health Care Fraud Control Units - Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Sets forth: (1) requirements for such units; and (2) provisions providing for payments to the States for such units.

Title VI: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco.

(Sec. 6001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale.

Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine.

Provides a tax credit against floor stocks taxes.

Establishes conditions under which articles in foreign trade zones shall be subject to such taxes.

(Sec. 6003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States.

Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.