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Weekly Legislative & Regulatory Round-up

Week of May 9 - 15

GAO reports

No relevant reports

OIG reports

Exclusions and Reinstatements Occurring in the Month of April 2009

Bills introduced
Number/
Title
Date Introduced Sponsor Description

S. 998

5/7/09

SHERROD BROWN (D-OH)

A bill to amend title II of the Social Security Act to eliminate the five-month waiting period in the disability insurance program, and for other purposes; referred to the Committee on Finance.

S. 999

5/7/09

JEFF BINGAMAN (D-NM)

A bill to increase the number of well-trained mental health service professionals (including those based in schools) providing clinical mental health care to children and adolescents, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1001

5/7/09

RICHARD LUGAR (R-IN)

A bill to provide for increased research, coordination and expansion of health promotion programs through the Department of Health and Human Services; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1003

5/7/09

JACK REED (D-RI)

A bill to increase immunization rates; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1004

5/7/09

BLANCHE LINCOLN (D-AR)

A bill to amend title XVIII of the Social Security Act to provide Medicare beneficiaries with access to geriatric assessments and chronic care management and coordination services, and for other purposes; referred to the Committee on Finance.

S. 1009

5/7/09

ROBERT BENNET (R-UT)

A bill to amend title XVIII of the Social Security Act to establish a Care Transitions Program in order to improve quality and cost-effectiveness of care for Medicare beneficiaries; referred to the Committee on Finance.

H.R. 2298

5/7/09

JOHN YARMUTH (D-KY)

A bill to amend the Internal Revenue Code of 1986 to increase the exclusion for employer-provided dependent care assistance; referred to the Committee on Ways and Means.

H.R. 2301

5/7/09

JOHN YARMUTH (D-KY)

A bill to amend title XVIII of the Social Security Act with respect to treatment of didactic and scholarly activities and training in outpatient settings for purposes of payment for graduate medical education under the Medicare Program; referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 2307

5/7/09

GENE GREEN (D-TX)

A bill to amend title XVIII of the Social Security Act to provide Medicare beneficiaries with access to geriatric assessments and chronic care management and coordination services, and for other purposes; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 2323

5/7/09

LOIS CAPPS (D-CA)

A bill to direct the Secretary of Health and Human Services to develop a national strategic action plan to assist health professionals in preparing for and responding to the public health effects of climate change, and for other purposes; referred to the Committee on Energy and Commerce.

H.R. 2332

5/7/09

MIKE McMAHON (D-NY)

A bill to amend the Peace Corps Act and the National and Community Service Trust Act to increase the affordability of medical education; referred to the Committee on Education and Labor, and in addition to the Committee on Foreign Affairs.

S. 1016

5/11/09

RICHARD BURR (R-NC)

A bill to amend title 38, United States Code, to enhance disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury, and for other purposes; referred to the Committee on Veterans' Affairs.

S. 1017

5/11/09

MARY LANDRIEU (D-LA)

A bill to amend title 38, United States Code, to modify the commencement of the period of payment of original awards of compensation for veterans who are retired or separated from the Uniformed services for disability; referred to the Committee on Veterans' Affairs.

S. 1020

5/12/09

SHELDON WHITEHOUSE (D-RI)

A bill to optimize the delivery of critical care medicine and expand the critical care workforce; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1022

5/12/09

EVAN BAYH (D-IN)

A bill to amend the Public Health Service Act to establish a graduate degree loan repayment program for nurses who become nursing school faculty members; referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 2345

5/12/09

JOHN ADLER D-NJ)

A bill to amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for health care practices with 20 or fewer employees; referred to the Committee on Financial Services.

H.R. 2350

5/12/09

ALLISON SCHWARTZ (D-PA)

A bill to amend the Public Health Service Act and the Social Security Act to increase the number of primary care physicians and primary care providers and to improve patient access to primary care services, and for other purposes; referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor.

H.R. 2354

5/12/09

JANICE SCHAKOWSKY (D-IL)

A bill to provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services; referred to the Committee on Energy and Commerce.

H.R. 2358

5/12/09

SUSAN DAVIS (D-CA)

A bill to amend title XIX of the Social Security Act to require coverage under the Medicaid Program for freestanding birth center services; referred to the Committee on Energy and Commerce.

H.R. 2360

5/12/09

RON KIND (D-WI)

A bill to amend the Public Health Service Act to establish a nationwide health insurance purchasing pool for small businesses and the self-employed that would offer a choice of private health plans and make health coverage more affordable, predictable, and accessible; referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, and Rules.

H.R. 2366

5/12/09

BRIAN HIGGINS (D-NY)

A bill to amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral cancer drugs on terms no less favorable than the coverage provided for intravenously administered anticancer medications; referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Ways and Means.

H.R. 2369

5/12/09

PATRICK KENNEDY (D-RI)

A bill to improve mental and substance use health care; referred to the Committee on Energy and Commerce

H.R. 2373

5/12/09

PRICE (R-GA)

A bill to amend part B of title XVIII of the Social Security Act to restore payments for home oxygen therapy through the beneficiary's period of medical need; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

S. 1028

5/13/09

JEFF BINGAMAN (D-NM)

A bill to amend the Public Health Service Act to improve the Nation's surveillance and reporting for diseases and conditions, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1031

5/13/09

BARBARA BOXER (D-CA)

A bill to amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1034

5/13/09

DEBBIE STABENOW (D-MI)

A bill to amend titles XIX and XXI of the Social Security Act to ensure payment under Medicaid and the State Children's Health Insurance Program for covered items and services furnished by school-based health clinics; referred to the Committee on Finance.

H.R. 2381

5/13/09

JOHN CONYERS (D-MI)

A bill to direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, direct-care registered nurses, and all other health care workers by establishing a safe patient handling and injury prevention standard, and for other purposes; referred to the Committee on Education and Labor, and in addition to the Committees on Energy and Commerce, and Ways and Means.

H.R. 2388

5/13/09

JANICE SCHAKOWSKY (D-IL)

A bill to assure that the services of a nonemergency department physician are available to hospital patients 24 hours a day, seven days a week in all non-Federal hospitals with at least 100 licensed beds; referred to the Committee on Energy and Commerce.

H.R. 2390

5/13/09

LUCILLE ROYBAL-ALLARD (D-CA)

A bill to provide for a Medicare prescription drug outreach demonstration program for individuals who are eligible for benefits under the Medicare Program and for medical assistance under Medicaid and who have mental disabilities; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 2399

5/13/09

JAMES LANGEVIN (D-RI)

A bill to amend the Social Security Act and the Internal Revenue Code of 1986 to assure comprehensive, affordable health insurance coverage for all Americans through an American Health Benefits Program; referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 2400

5/13/09

JIM MATHESON (D-UT)

A bill to amend the Public Health Service Act to enhance efforts to address antimicrobial resistance; referred to the Committee on Energy and Commerce.

H.R. 2402

5/13/09

RICHARD NEAL (D-MA)

A bill to amend the Public Health Service Act to ensure fairness in the coverage of women in the individual health insurance market; referred to the Committee on Energy and Commerce.

S. 1040

5/14/09

KAY BAILEY HUTCHISON (R-TX)

A bill to establish a demonstration program requiring the utilization of Value-Based Insurance Design in order to demonstrate that reducing the copayments or coinsurance charged Medicare beneficiaries for selected medications can increase adherence to prescribed medication, and for other purposes; referred to the Committee on Finance.

S. 1050

5/14/09

HARRY REID (D-NV)

A bill to amend title XXVII of the Public Health Service Act to establish Federal standards for health insurance forms, quality, fair marketing, and honesty in out-of-network coverage in the group and individual health insurance markets, to improve transparency and accountability in those markets, and to establish a Federal Office of Health Insurance Oversight to monitor performance in those markets, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions.

S. 1056

5/14/09

GEORGE VOINOVICH (R-OH)

A bill to establish a commission to develop legislation designed to reform tax policy and entitlement benefit programs and ensure a sound fiscal future for the United States, and for other purposes; referred to the Committee on the Budget.

S. 1057

5/14/09

JON TESTER (D-MT)

A bill to amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment Program, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions.

 H.R. 2405

5/14/09

TOM LATHAM (R-IA)

A bill to amend title 38, United States Code, to provide veterans enrolled in the health system of the Department of Veterans Affairs the option of receiving covered health services through facilities other than those of the Department; referred to the Committee on Veterans' Affairs.

H.R. 2417

5/14/09

MICHAEL ARCURI (D-NY)

A bill to amend title II of the Social Security Act to preclude use of the social security account number on Government-issued identification cards issued in connection with benefits under Medicare, Medicaid, and CHIP, and for other purposes; referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 2425

5/14/09

DIANA DEGETTE (D-CO)

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certain certified diabetes educators as certified providers for purposes of outpatient diabetes self-management training services under part B of the Medicare Program; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 2427

5/14/09

ROSA DELAURO (D-CT)

A bill to amend title XXVII of the Public Health Service Act to establish Federal standards for health insurance forms, quality, fair marketing, and honesty in out-of-network coverage in the group and individual health insurance markets, to improve transparency and accountability in those markets, and to establish a Federal Office of Health Insurance Oversight to monitor performance in those markets, and for other purposes; referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, and Oversight and Government Reform.

H.R. 2443

5/14/09

RICHARD NEAL (D-MA)

A bill to amend title XVIII of the Social Security Act to preserve access to ambulance services under the Medicare Program; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

 

Federal Register notices

May 11, 2009

 

Office of the Secretary

 

Unified Agenda of Federal Regulatory and Deregulatory Actions

ACTION: Semiannual regulations agenda.

SUMMARY:  The Department's semiannual Agenda of Regulatory and

Deregulatory Actions forecasts the rulemaking activities that we expect

to undertake over the foreseeable future. We focus primarily on those

areas of work anticipated to result in publication of Notices of

Proposed Rulemaking or of Final Rules within the next 12 months.

 

May 12, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

 

Medicare Program; Prospective Payment System and Consolidated

Billing for Skilled Nursing Facilities for FY 2010; Minimum Data Set,

Version 3.0 for Skilled Nursing Facilities and Medicaid Nursing

Facilities

ACTION: Proposed rule.

SUMMARY: This proposed rule would update the payment rates used under

the prospective payment system for skilled nursing facilities, for

fiscal year 2010. In addition, it would recalibrate the case-mix

indexes so that they more accurately reflect parity in expenditures

related to the implementation of case-mix refinements in January 2006.

It also discusses the results of our ongoing analysis of nursing home

staff time measurement data collected in the Staff Time and Resource

Intensity Verification project, and proposes a new RUG-IV case-mix

classification model that will use the updated Minimum Data Set (MDS)

3.0 resident assessment for case-mix classification. In addition, this

proposed rule includes a request for public comment on a possible

requirement for the quarterly reporting of nursing home staffing data,

and would revise the regulations to incorporate certain technical

corrections. Finally, this proposed rule includes a request for public

comments on applying the quality monitoring mechanism in place for all

other SNF PPS facilities to rural swing-bed hospitals.

 

 

Office of the Secretary

 

Public Meeting of the Federal Coordinating Council on Comparative

Effectiveness Research

ACTION: Notice of public meeting.

SUMMARY: Authorized by the American Recovery and Reinvestment Act of

2009 (ARRA), the Federal Coordinating Council for Comparative

Effectiveness Research will help coordinate research and guide

investments in comparative effectiveness research funded by the

Recovery Act. The Coordinating Council is holding this meeting to hear

from the public about their views on the Council's activities.

DATES: The meeting, which is the second of three public meetings that

the Coordinating Council expects to convene, will be held on Wednesday,

May 13, 2009, from 2:30 p.m.-5:30 p.m. CDT.

ADDRESSES: The meeting will be held at the University of Illinois at

Chicago Forum, 725 W. Roosevelt Rd., (MC 126) Chicago, IL 60608. In

addition, the meeting will be Web cast and individuals may also

participate by audioconference.

 

 

May 13, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality

 

Agency Information Collection Activities: Proposed Collection;

Comment Request

ACTION: Notice.

SUMMARY: This notice announces the intention of the Agency for

Healthcare Research and Quality (AHRQ) to request that the Office of

Management and Budget (OMB) approve the proposed information collection

project: ``Coordinating Care across Primary Care and Specialty Care

Practices.''

 

Agency for Healthcare Research and Quality

 

Agency Information Collection Activities: Proposed Collection;

Comment Request

ACTION: Notice.

SUMMARY: This notice announces the intention of the Agency for

Healthcare Research and Quality (AHRQ) to request that the Office of

Management and Budget (OMB) approve the proposed information collection

project: ``Health Literacy Item Set Supplemental to CAHPS Hospital

Survey--Pretest of Proposed Questions and Methodology.''

 

Health Resources and Services Administration

 

Agency Information Collection Activities: Proposed Collection:

Comment Request

    In compliance with the requirement for opportunity for public

comment on proposed data collection projects (section 3506(c)(2)(A) of

Title 44, United States Code, as amended by the Paperwork Reduction Act

of 1995, Pub. L. 104-13), the Health Resources and Services

Administration (HRSA) publishes periodic summaries of proposed projects

being developed for submission to the Office of Management and Budget

(OMB) under the Paperwork Reduction Act of 1995. 

Proposed Project Title: Interim Evaluation of the Bright Futures

for Women's Health and Wellness (BFWHW) Initiative, Emotional Wellness

Consumer Tools--NEW.

 

Food and Drug Administration

 

Compliance Guidance for Small Business Entities on Labeling Over-

the-Counter Human Drug Products; Availability

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing the

availability of a compliance guidance for small business entities

entitled ``Labeling OTC Human Drug Products; Small Entity Compliance

Guide.'' FDA has prepared this guidance in accordance with the Small

Business Regulatory Enforcement Fairness Act. It is intended to help

small businesses better understand and comply with the agency's over-

the-counter (OTC) labeling requirements and to prepare new labeling.

This compliance guidance finalizes the draft compliance guidance

published on December 9, 2004.

 

May 14, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

 

Proposed Collection; Comment Request; The Impact of Continuing

Medical Education on Physician Practice

SUMMARY: In compliance with the requirement of section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995, for opportunity for public comment

on proposed data collection projects, the Clinical Center, the National

Institutes of Health will publish periodic summaries of proposed

projects to be submitted to the Office of Management and Budget for

review and approval.

Proposed Collection: Title: The impact of Continuing Medical

Education on physician practice: Type of Information Collection

Request: NEW. Need and Use of Information Collection: This study will

assess the value of the Continuing Medical Education conferences held

at the NIH. The primary objective of the survey is to determine if

conferences have had an impact on whether the physician has changed

their practice as a result of the information presented in the

conference. Frequency of response: On occasion. Affected Public:

Physicians, dentists, nurses, and other health care providers.

 

National Institutes of Health

 

Notice of Meeting: Secretary's Advisory Committee on Genetics,

Health, and Society

The meeting will be held from 8:30 a.m. to approximately 5 p.m. on Thursday, June 11, 2009, and from 8:30 a.m. to approximately 3 p.m. on Friday, June 12, 2009, at the Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. The meeting will be open to the public with attendance limited to space available. The meeting also will be Web cast.

The draft meeting agenda and other information about SACGHS,

including information about access to the Web cast, will be available

at the following Web site: http://oba.od.nih.gov/SACGHS/sacghs_

about.html

 

 

May 15, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

 

Agency Information Collection Activities: Proposed Collection;

Comment Request

In compliance with the requirement of section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid

Services (CMS) is publishing the following summary of proposed

collections for public comment.

1. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Prepaid Health

Plan Cost Report

2. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Application for

Hospital Insurance Benefits for Individuals with End Stage Renal

Disease

3. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Request for

Termination of Premium Hospital and/or Supplementary Medical Insurance

4. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Medicare

Disproportionate Share Adjustment Procedures and Criteria and

Supporting Regulations in 42 CFR 412.106

5. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Medicare

Integrity Program Organizational Conflict of Interest Disclosure

Certificate and Supporting Regulations at 42 CFR 421.300-421.316

6. Type of Information Collection Request: Revision of a currently

approved Collection; Title of Information Collection: Home Health

Advance Beneficiary Notice (HHABN)

 

Centers for Medicare & Medicaid Services

 

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

In compliance with the requirement of section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid

Services (CMS), Department of Health and Human Services, is publishing

the following summary of proposed collections for public comment.

1. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Medicare

Advantage Applications--Part C and regulations under 42 CFR 422 subpart

K

2. Type of Information Collection Request: Revision of a currently

approved collection; Title of Information Collection: Coordination of

Benefits between Part D Plans and Other Prescription Coverage

Providers

 

GOVERNMENT ACCOUNTABILITY OFFICE

 

Appointments to the Medicare Payment Advisory Commission

ACTION: Notice of appointments.

SUMMARY: The Balanced Budget Act of 1997 established the Medicare

Payment Advisory Commission (MedPAC) and gave the Comptroller General

responsibility for appointing its members. This notice announces the

appointment of two new members and the reappointments of five existing

members.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Assistant Secretary for Preparedness and Response

 

Hospital Preparedness Program (HPP)

ACTION: Notice.

SUMMARY: This notice sets forth the Secretary's decision to require

Hospital Preparedness Program [HPP] cooperative agreement recipients to

contribute non-Federal matching funds starting with the FY 2009 funding

cycle and each year thereafter. The amount of the cost sharing

requirement in FY 2009 will be five percent of the award amount and in

FY 2010 and each year thereafter the amount of match will be ten

percent of the award amount.

 

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