Proposed Law This provision would amend PHSA section 224 to revise the list of individuals associated with a CHC who are deemed to be PHS employees for purposes of carrying out such section, to include "volunteer practitioners". Such individuals are defined to include licensed physicians, clinical psychologists, or other licensed or certified health care professionals who provide uncompensated services at CHC sites. The provision would establish an effective date for including CHC volunteer practitioners among those entitled to the medical malpractice protection provided under PHSA section 224: the first fiscal year for which a congressional appropriations act provides that funds are available to cover such individuals. Sec. 2584. Report to Congress on the current state of parasitic diseases that have been overlooked among the poorest Americans Current Law No comparable provisions. Proposed Law This provision would require the Secretary to conduct a study on the epidemiology of, impact of, and appropriate funding required to address neglected diseases of poverty, including Chagas Disease, cysticercosis, toxocariasis, toxoplasmosis, trichomoniasis, and the soil-transmitted helminthes, and others. Sec. 2585. Study of impact of optometrists on access to health care and on availability of support under Federal health programs for optometry Current Law No comparable provisions. Proposed Law This provision would require the Secretary to conduct a study on optometrists and optometry, including the role of optometrists in the health workforce. ADDITIONAL COMMITTEE ACTION RELATING TO H.R. 3200 At the conclusion of the Committee's markup of H.R. 3200 on July 31, 2009, a number of majority and minority amendments had been filed with the Committee clerk but not yet considered by the Committee. At that time, the Chairman and Ranking Member reached an agreement to have a supplemental Committee meeting to consider certain amendments. After H.R. 3200 was ordered reported, amended, on July 31, 2009, pursuant to this agreement, the Committee met on September 23, 2009, to consider a motion to instruct the Chairman to transmit to the Committee on Rules additional recommended amendments to H.R. 3200 for consideration. The Committee approved this motion by a roll call vote of 28-22. Following is a description of the amendments included in this motion: An amendment by Rep. Baldwin of Wisconsin-To provide for technical assistance to states to improve coordination between Medicare and Medicaid for those dually-eligible, and new quality measures for reporting relating to care for dual eligibles. An amendment by Reps. Barton of Texas, Green of Texas, and Burgess of Texas-To require insurers to provide requested out-ofpocket cost information to enrollees prior to receiving services. In addition, requires states, as a condition of receiving federal Medicaid funding, to enact laws requiring hospitals to publically disclose: (1) charges for the most common services, (2) the Medicaid and Medicare reimbursement amounts for these services; and (3) the charity care policy for the hospital, including any formula used to calculate financial aid for low-income individuals. An amendment by Rep. Butterfield of North Carolina-To require a report by the Secretary of Health and Human Services on the need and cost of providing oral health care as part of the essential benefits package. An amendment by Rep. Buyer of Indiana-To ensure that the veterans healthcare program can seek reimbursement from the public health insurance plans for non-duty related injuries like they can from private plans. An amendment by Rep. Castor of Florida-To provide grants for employer wellness programs. An amendment by Rep. Christensen of the Virgin Islands-To require that the Health Benefits Advisory Committee include "an expert in child and adolescent health". An amendment by Reps. DeGette of Colorado, Sarbanes of Maryland, and McNerney of California-To require that the Health Benefits Advisory Committee include "experts in oral health care”. An amendment by Rep. Green of Texas-To provide for a special enrollment period for chronic-care special needs plans targeted at end-stage renal disease. An amendment by Rep. Green of Texas-To authorize the Secretary of Health and Human Services to award grants to certain communities to help develop integrated health care delivery systems. An amendment by Rep. Hill of Indiana-To make minor and technical changes to the Physician Payments Sunshine provisions reported by the Committee. An amendment by Rep. Markey of Massachusetts-To authorize the Commissioner to use data on enrollee demographics, inpatient and outpatient diagnoses, and other such information as the Secretary of Health and Human Services may determine is necessary, in creating risk adjustment mechanisms for the Exchange. An amendment by Rep. Murphy of Connecticut-To require the Secretary of Health and Human Services to attempt to attract 10 percent of all eligible providers to act as bundling test sites under acute care bundling pilot program. An amendment by Rep. Murphy of Connecticut-To establish an Office on Women's Health within the Office of the Secretary of Health and Human Services and within the director's office of each of the following agencies: Agency for Health Research and Quality (AHRQ), Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), Health Resources and Services Administration (HRSA), and Substance Abuse and Mental Health Services Administration (SAMHSA). An amendment by Rep. Pallone of New Jersey-To authorize the Secretary of Health and Human Services to establish pilot programs to reduce infant mortality. (001) An amendment by Rep. Pallone of New Jersey-To modify the standards for qualified health benefit plans, including the public option, to provide for rules regarding Indian enrollees and Indian health care providers. An amendment by Rep. Ross of Arkansas-To preserve State insurance laws prohibiting discrimination among providers by insurance companies. An amendment by Rep. Rush of Illinois-To authorize the Secretary of Health and Human Services and the Secretary of Education to award grants to public secondary schools to establish health science training programs to prepare students for careers in health sciences. An amendment by Rep. Rush of Illinois-To authorize the Secretary of Health and Human Services to award grants to community-based collaborative care networks that assist low-income patient populations in accessing health care services and in participating in case management. An amendment by Reps. Sarbanes of Maryland and Dingell_of Michigan-To designate school-based health clinics funded under the new grant program in section 2511 of the Committee-reported bill as federally-qualified health centers for purposes of Medicaid. An amendment by Rep. Sarbanes of Maryland-To provide that Medicare Advantage plans serving continuing care retirement communities with a contract in effect on January 1, 2009, may continue operations with a waiver of geographic integrity rules. An amendment by Rep. Stupak-To clarify that manufacturers need not pay rebates to Medicaid on the drugs purchased by Medicaid managed care organizations (MCOs) if the MCOs have received discounts on the drugs through the 340B program. An amendment by Rep. Sutton of Ohio-To clarify the means by which individuals can submit information to the Qualified Health Benefits Plan Ombudsman, including mail, telephone, electronically, and in person. An amendment by Rep. Waxman of California-To provide program integrity in the 340B program through procedures for improving compliance by covered entities and manufacturers with program requirements. An amendment by Rep. Welch of Vermont-To clarify the scope of preemption of state law by the provisions of the Physician Payment Sunshine Act (Section 1451) relating to the disclosure of payments to physicians. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED The bill was referred to this committee for consideration of such provisions of the bill as fall within the jurisdiction of this committee pursuant to clause 2 of rule XII of the Rules of the House of Representatives. In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter 749 is printed in italic, existing law in which no change is proposed is shown in roman): (g)(1)(A) For purposes of this section and subject to the approval by the Secretary of an application under subparagraph (D), an entity described in paragraph (4), and any officer, governing board member, [or employee] employee, or (subject to subsection (k)(4)) volunteer practitioner of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor (subject to paragraph (5) and subsection (k)(4)) of such an entity who is deemed to be an employee of the Public Health Service pursuant to this paragraph shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a). (B) The deeming of any entity or officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided(i) *** * * (C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals— (i) *** (iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity. (D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h). (E) The Secretary shall make a determination of whether an entity or an officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). (F) Once the Secretary makes a determination that an entity or an officer, governing board member, [employee, or contractor] employee, volunteer practitioner, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i), the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. (H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: (i) *** (ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, [employee, and contractor] employee, volunteer practitioner, and contractor of the entity. (iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application (and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, [employee, and contractor] employee, volunteer practitioner, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section. * * * * * |