Home > 106th Congressional Bills > S. 3058 (pcs) To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. [Placed on Calendar Senate] %%Filename:...S. 3058 (pcs) To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. [Placed on Calendar Senate] %%Filename:...
made by sections 201(a), 301, 303, and 401 (and title I insofar
as it relates to such sections) shall apply with respect to
group health plans, and health insurance coverage offered in
connection with group health plans, for plan years beginning on
or after January 1, 2002 (in this section referred to as the
``general effective date'') and also shall apply to portions of
plan years occurring on and after such date.
(2) Treatment of collective bargaining agreements.--In the
case of a group health plan maintained pursuant to one or more
collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by
sections 201(a), 301, 303, and 401 (and title I insofar as it
relates to such sections) shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(B) the general effective date.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this Act shall not be treated as a termination of such
collective bargaining agreement.
(b) Individual Health Insurance Coverage.--The amendments made by
section 202 shall apply with respect to individual health insurance
coverage offered, sold, issued, renewed, in effect, or operated in the
individual market on or after the general effective date.
SEC. 502. COORDINATION IN IMPLEMENTATION.
The Secretary of Labor, the Secretary of Health and Human Services,
and the Secretary of the Treasury shall ensure, through the execution
of an interagency memorandum of understanding among such Secretaries,
that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which such
Secretaries have responsibility under the provisions of this
Act (and the amendments made thereby) are administered so as to
have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. HEALTH CARE PAPERWORK SIMPLIFICATION.
(a) Establishment of Panel.--
(1) Establishment.--There is established a panel to be
known as the Health Care Panel to Devise a Uniform Explanation
of Benefits (in this section referred to as the ``Panel'').
(2) Duties of panel.--
(A) In general.--The Panel shall devise a single
form for use by third-party health care payers for the
remittance of claims to providers.
(B) Definition.--For purposes of this section, the
term ``third-party health care payer'' means any entity
that contractually pays health care bills for an
individual.
(3) Membership.--
(A) Size and composition.--The Secretary of Health
and Human Services shall determine the number of
members and the composition of the Panel. Such Panel
shall include equal numbers of representatives of
private insurance organizations, consumer groups, State
insurance commissioners, State medical societies, State
hospital associations, and State medical specialty
societies.
(B) Terms of appointment.--The members of the Panel
shall serve for the life of the Panel.
(C) Vacancies.--A vacancy in the Panel shall not
affect the power of the remaining members to execute
the duties of the Panel, but any such vacancy shall be
filled in the same manner in which the original
appointment was made.
(4) Procedures.--
(A) Meetings.--The Panel shall meet at the call of
a majority of its members.
(B) First meeting.--The Panel shall convene not
later than 60 days after the date of the enactment of
the Bipartisan Consensus Managed Care Improvement Act
of 1999.
(C) Quorum.--A quorum shall consist of a majority
of the members of the Panel.
(D) Hearings.--For the purpose of carrying out its
duties, the Panel may hold such hearings and undertake
such other activities as the Panel determines to be
necessary to carry out its duties.
(5) Administration.--
(A) Compensation.--Except as provided in
subparagraph (B), members of the Panel shall receive no
additional pay, allowances, or benefits by reason of
their service on the Panel.
(B) Travel expenses and per diem.--Each member of
the Panel who is not an officer or employee of the
Federal Government shall receive travel expenses and
per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
(C) Contract authority.--The Panel may contract
with and compensate Government and private agencies or
persons for items and services, without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
(D) Use of mails.--The Panel may use the United
States mails in the same manner and under the same
conditions as Federal agencies and shall, for purposes
of the frank, be considered a commission of Congress as
described in section 3215 of title 39, United States
Code.
(E) Administrative support services.--Upon the
request of the Panel, the Secretary of Health and Human
Services shall provide to the Panel on a reimbursable
basis such administrative support services as the Panel
may request.
(6) Submission of form.--Not later than 2 years after the
first meeting, the Panel shall submit a form to the Secretary
of Health and Human Services for use by third-party health care
payers.
(7) Termination.--The Panel shall terminate on the day
after submitting the form under paragraph (6).
(b) Requirement for Use of Form by Third-Party Care Payers.--A
third-party health care payer shall be required to use the form devised
under subsection (a) for plan years beginning on or after 5 years
following the date of the enactment of this Act.
SEC. 602. NO IMPACT ON SOCIAL SECURITY TRUST FUND.
(a) In General.--Nothing in this Act (or an amendment made by this
Act) shall be construed to alter or amend the Social Security Act (or
any regulation promulgated under that Act).
(b) Transfers.--
(1) Estimate of secretary.--The Secretary of the Treasury
shall annually estimate the impact that the enactment of this
Act has on the income and balances of the trust funds
established under section 201 of the Social Security Act (42
U.S.C. 401).
(2) Transfer of funds.--If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the
trust funds established under section 201 of the Social
Security Act (42 U.S.C. 401), the Secretary shall transfer, not
less frequently than quarterly, from the general revenues of
the Federal Government an amount sufficient so as to ensure
that the income and balances of such trust funds are not
reduced as a result of the enactment of such Act.
SEC. 603. FMAP REDUCTION FOR OTHER THAN SUBSTANTIAL NONCOMPLIANCE WITH
MEDICAID STATE PLAN REQUIREMENTS.
(a) In General.--Section 1904 of the Social Security Act (42 U.S.C.
1396c) is amended--
(1) by striking all (including the heading) that precedes
``If the Secretary'' and inserting the following:
``sanctions for non-compliance of state plans
Sec. 1904. (a) Sanctions for Substantial Non-Compliance.--''; and
(2) by adding at the end the following new subsection:
``(b) Other Sanctions.--
``(1) In general.--If the Secertary, after affording the
State agency reasonable notice and opportunity for hearing,
finds a failure of the State plan to comply with section 1902,
or a failure of plan administration to comply with the plan,
other than a failure of the severity described in subsection
(a), the Secretary may reduce payments under section 1903(a)(1)
to that State by up to 0.5 percent for each instance of such
non-compliance.
``(2) Continuation of reductions.--Reductions under
paragraph (1) are authorized to continue until the Secretary is
satisfied that the instance of non-compliance has ceased and
will not recur.''.
(b) Conforming Amendments.--
(1) Section 1903(a)(1) of such Act (42 U.S.C. 1396b(a)(1))
is amended by striking ``and subsection 1923(f)'' and inserting
``sections 1904 and 1923(f)''.
(2) Section 1905(b) of such Act (42 U.S.C. 1396d(b)) is
amended by striking ``section 1933(d)'' and inserting
``sections 1904 and 1933(d)''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2000.
SEC. 604. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking
``2003'' and inserting ``2010''.
Calendar No. 808
106th CONGRESS
2d Session
S. 3057
_______________________________________________________________________
A BILL
To amend the Public Health Service Act, the Employee Retirement Income
Security Act of 1974, and the Internal Revenue Code of 1986 to protect
consumers in managed care plans and other health coverage.
_______________________________________________________________________
September 18, 2000
Read the second time and placed on the calendar
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