Thursday, August 27, 2009

Gouvernement du Canada prend Khadr devant la Cour suprême...

Eh bien, le premier ministre et le ministère de la Justice a fait exactement ce que je l'espérais pas. They appealed the court order requesting the repatriation of Omar Khadr. Ils ont interjeté appel de l'ordonnance du tribunal demandant le rapatriement d'Omar Khadr. They have also applied for a stay of the order of the Federal Court of Canada so they would not have to ask for Khadr's return before the Supreme Court of Canada has decided to review and either accept or not accept the case. Ils ont également demandé une suspension de l'ordonnance de la Cour fédérale du Canada afin qu'ils n'auraient pas à demander le retour de Khadr devant la Cour suprême du Canada a décidé de contrôler et soit l'accepter ou non l'affaire. If the Supreme Court does not accept the governments appeal, then the Federal Court ruling stands. Si la Cour suprême n'a pas accepté l'appel des gouvernements, puis les stands arrêt de la Cour fédérale. This is slightly odd because most legal proceedings are put on hold by lower courts once they realize the Supreme Court might look at it and say something, but not always. Cela est un peu étrange parce que la plupart des procédures judiciaires sont mis en veilleuse par les juridictions inférieures, une fois qu'ils se rendent compte de la Cour suprême pourrait le regarder et dire quelque chose, mais pas toujours. One of the governments arguments may be that there are still ongoing legal procedures in the US against Khadr, however, this may be a misnomer as most of the procedures have been suspended pending further legal review. L'un des arguments les gouvernements mai être qu'il ya encore des procédures juridiques en cours aux Etats-Unis contre Khadr, toutefois, ce mai être mal choisi car la plupart des procédures ont été suspendues en attendant un nouvel examen juridique. At this point, that technically means the US government doesn't know how to prosecute him. À ce stade, cela signifie que, techniquement, le gouvernement américain ne sait pas comment le poursuivre.

With that said, the Canadian government could definitely ask for Khadr's repatriation given the US government isn't doing very much with him at the moment other than housing him. Cela dit, le gouvernement canadien pourrait certainement demander le rapatriement de Khadr donné au gouvernement des États-Unis ne se porte pas très bien avec lui à l'autre moment que le logement lui. Repatriation does not mean release. Rapatriement ne signifie pas liberté. It just means basically moving a citizen from whichever country they are in back to their own country. Cela signifie simplement le déplacement essentiellement un citoyen de quelque pays qu'ils soient dans le dos à leur propre pays. I can think of one major reason why the government doesn't want him back. Je peux penser à l'une des raisons majeures pour lesquelles le gouvernement ne veut pas le soutenir. As soon as he arrives in this country, he all the protection of the Charter of Rights and Freedoms which would mean most of the evidence against him would not survive admission in a Canadian court subsequently forcing the case to be dropped. Dès qu'il arrive dans ce pays, il a toute la protection de la Charte des droits et libertés, qui signifierait la plupart des preuves contre lui ne survivrait pas à l'admission dans un tribunal canadien forcé par la suite que l'affaire soit abandonnée. A second argument against getting him back would probably come from the Prime Ministers Office. Un deuxième argument contre la possibilité de le ramener viendrait probablement Cabinet du Premier Ministre. It is the opinion of the PMO that the most recent Federal Court decision encroaches on the power of the Prime Minister and interferes with Canadian foreign policy positions. Il est l'avis du CPM que la loi fédérale la plus récente décision de la Cour empiète sur le pouvoir du Premier Ministre et interfère avec les positions de politique étrangère du Canada. The Federal Court has already, in several other cases regarding the Foreign Affairs Department, forced you to rescue Canadians from countries abroad. La Cour fédérale a déjà, dans plusieurs autres affaires concernant le ministère des Affaires étrangères, vous a obligé de secourir les Canadiens en provenance de pays à l'étranger. At lease two of them during the summer. A louer deux d'entre eux pendant l'été. Although the Canadian government did not like the courts ruling, it grudgingly complied with it. Bien que le gouvernement canadien n'a pas aimé la décision des tribunaux, à contrecœur il observé. Technically, interference has already occurred as it was the position of Foreign Affairs not to get involved in rescuing two Canadians, one in Kenya and one in Sudan. Techniquement, l'intervention a déjà eu lieu car elle était la position des Affaires étrangères de ne pas s'impliquer dans le sauvetage de deux Canadiens, un au Kenya et un au Soudan. In the end, they were forced to do so. À la fin, ils ont été forcés de le faire. In the case of the Sudan rescue, it was a Federal Court decision that interfered. Dans le cas du sauvetage au Soudan, c'était une décision de la Cour fédérale qui intervint. In the Kenya rescue, the threat of a Federal Court of Canada case prompted the government into buying the citizen a ticket home, especially after a DNA test confirmed the persons identity. Dans le sauvetage du Kenya, la menace d'une Cour fédérale du cas du Canada a incité le gouvernement à acheter au citoyen un billet de retour, surtout après un test d'ADN ont confirmé l'identité des personnes. Therefore, the courts have already interfered with government policy. Par conséquent, les tribunaux ont déjà porté atteinte à la politique du gouvernement. In the case of Omar Khadr, court proceedings include the following names: Prime Ministers Office, the Attorney General of Canada as well as other connected departments. Dans le cas d'Omar Khadr, les procédures judiciaires comprennent les noms suivants: Prime Ministers Office, le procureur général du Canada ainsi que d'autres ministères liés. With the PMO specifically named, one could infer that it is rather obvious that any court ruling with the PMO listed as a party, might interfere with what the PMO wants to do. Avec le PMO, nommément désignés, on pourrait en déduire qu'il est assez évident que toute décision de justice avec le PMO répertoriés en tant que parti, pourrait interférer avec ce que le CPM veut faire. Thus, it is a little strange from the PMO to claim direct interference by a court of law as an argument in a legal case. Ainsi, il est un peu étrange de la part du PMO pour réclamer une intervention directe par un tribunal de droit comme un argument dans une affaire juridique. I hope the Supreme Court of Canada does not accept the case. J'espère que la Cour suprême du Canada n'accepte pas le cas. If it does, results could go 50/50 for Khadr. Si c'est le cas, les résultats pourraient aller de 50/50 pour Khadr.

Full disclosure: I am a blogger not a lawyer although I happen to study law as a hobby. Full Disclosure: je suis un blogueur pas un avocat bien que je arriver à étudier le droit comme un loisir. Any legal opinions expressed are a personal analysis of a legal situation. Les opinions exprimées sont juridique une analyse personnelle d'une situation juridique.

Tuesday, August 25, 2009

Government of Canada takes Khadr to Supreme Court

Well, the Prime Minister and the Department of Justice did exactly what I hoped they wouldn't. They appealed the court order requesting the repatriation of Omar Khadr. They have also applied for a stay of the order of the Federal Court of Canada so they would not have to ask for Khadr's return before the Supreme Court of Canada has decided to review and either accept or not accept the case. If the Supreme Court does not accept the governments appeal, then the Federal Court ruling stands. This is slightly odd because most legal proceedings are put on hold by lower courts once they realize the Supreme Court might look at it and say something, but not always. One of the governments arguments may be that there are still ongoing legal procedures in the U.S. against Khadr, however, this may be a misnomer as most of the procedures have been suspended pending further legal review. At this point, that technically means the U.S. government doesn't know how to prosecute him.

With that said, the Canadian government could definitely ask for Khadr's repatriation given the U.S. government isn't doing very much with him at the moment other than housing him. Repatriation does not mean release. It just means basically moving a citizen from whichever country they are in back to their own country. I can think of one major reason why the government doesn't want him back. As soon as he arrives in this country, he all the protection of the Charter of Rights and Freedoms which would mean most of the evidence against him would not survive admission in a Canadian court subsequently forcing the case to be dropped. A second argument against getting him back would probably come from the Prime Ministers Office. It is the opinion of the PMO that the most recent Federal Court decision encroaches on the power of the Prime Minister and interferes with Canadian foreign policy positions. The Federal Court has already, in several other cases regarding the Foreign Affairs Department, forced you to rescue Canadians from countries abroad. At lease two of them during the summer. Although the Canadian government did not like the courts ruling, it grudgingly complied with it. Technically, interference has already occurred as it was the position of Foreign Affairs not to get involved in rescuing two Canadians, one in Kenya and one in Sudan. In the end, they were forced to do so. In the case of the Sudan rescue, it was a Federal Court decision that interfered. In the Kenya rescue, the threat of a Federal Court of Canada case prompted the government into buying the citizen a ticket home, especially after a DNA test confirmed the persons identity. Therefore, the courts have already interfered with government policy. In the case of Omar Khadr, court proceedings include the following names: Prime Ministers Office, the Attorney General of Canada as well as other connected departments. With the PMO specifically named, one could infer that it is rather obvious that any court ruling with the PMO listed as a party, might interfere with what the PMO wants to do. Thus, it is a little strange from the PMO to claim direct interference by a court of law as an argument in a legal case. I hope the Supreme Court of Canada does not accept the case. If it does, results could go 50/50 for Khadr.

Full disclosure: I am a blogger not a lawyer although I happen to study law as a hobby. Any legal opinions expressed are a personal analysis of a legal situation.

Guantanamo Bay info.

Posted: August 25, 2009, 8:38 PM by Ron Nurwisah

In this occasional feature, the National Post tells you everything you need to know about a complicated issue. Today: Katherine Laidlaw on Guantanamo Bay.

Q: What’s happening with Guantanamo Bay right now?

A: Cases at Guantanamo Bay are on hold for the roughly 230 detainees left in the prison, as the U.S. government reviews each prisoner to decide if they are eligible for transfer or prosecution either by military commission process or federal court. Twelve detainees have been tranferred from the Cuba prison to foreign countries, including Saudi Arabia, France, Afghanistan, Chad and the United Kingdom, since the review began in January. More than 540 prisoners have been transferred from Guantanamo Bay since 2002. The cases will be paused until September 16, when a court-granted continuance runs out.

Monday, August 24, 2009

H.R.3200 America's Affordable Health Choices Act of 2009 (Introduced in House).

HR3200: America's Affordable Health Choices Act of 2009


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H.R.3200

America's Affordable Health Choices Act of 2009 (Introduced in House)

Beginning
July 14, 2009
    SECTION 1. SHORT TITLE; TABLE OF DIVISIONS, TITLES, AND SUBTITLES.
DIVISION A--AFFORDABLE HEALTH CARE CHOICES
    Sec. 100. Purpose; table of contents of division; general definitions.
TITLE I--PROTECTIONS AND STANDARDS FOR QUALIFIED HEALTH BENEFITS PLANS
Subtitle A--General Standards
    SEC. 101. REQUIREMENTS REFORMING HEALTH INSURANCE MARKETPLACE.
    SEC. 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.
Subtitle B--Standards Guaranteeing Access to Affordable Coverage
    SEC. 111. PROHIBITING PRE-EXISTING CONDITION EXCLUSIONS.
    SEC. 112. GUARANTEED ISSUE AND RENEWAL FOR INSURED PLANS.
    SEC. 113. INSURANCE RATING RULES.
    SEC. 114. NONDISCRIMINATION IN BENEFITS; PARITY IN MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER BENEFITS.
    SEC. 115. ENSURING ADEQUACY OF PROVIDER NETWORKS.
    SEC. 116. ENSURING VALUE AND LOWER PREMIUMS.
Subtitle C--Standards Guaranteeing Access to Essential Benefits
    SEC. 121. COVERAGE OF ESSENTIAL BENEFITS PACKAGE.
    SEC. 122. ESSENTIAL BENEFITS PACKAGE DEFINED.
    SEC. 123. HEALTH BENEFITS ADVISORY COMMITTEE.
    SEC. 124. PROCESS FOR ADOPTION OF RECOMMENDATIONS; ADOPTION OF BENEFIT STANDARDS.
Subtitle D--Additional Consumer Protections
    SEC. 131. REQUIRING FAIR MARKETING PRACTICES BY HEALTH INSURERS.
    SEC. 132. REQUIRING FAIR GRIEVANCE AND APPEALS MECHANISMS.
    SEC. 133. REQUIRING INFORMATION TRANSPARENCY AND PLAN DISCLOSURE.
    SEC. 134. APPLICATION TO QUALIFIED HEALTH BENEFITS PLANS NOT OFFERED THROUGH THE HEALTH INSURANCE EXCHANGE.
    SEC. 135. TIMELY PAYMENT OF CLAIMS.
    SEC. 136. STANDARDIZED RULES FOR COORDINATION AND SUBROGATION OF BENEFITS.
    SEC. 137. APPLICATION OF ADMINISTRATIVE SIMPLIFICATION.
Subtitle E--Governance
    SEC. 141. HEALTH CHOICES ADMINISTRATION; HEALTH CHOICES COMMISSIONER.
    SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER.
    SEC. 143. CONSULTATION AND COORDINATION.
    SEC. 144. HEALTH INSURANCE OMBUDSMAN.
Subtitle F--Relation to Other Requirements; Miscellaneous
    SEC. 151. RELATION TO OTHER REQUIREMENTS.
    SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.
    SEC. 153. WHISTLEBLOWER PROTECTION.
    SEC. 154. CONSTRUCTION REGARDING COLLECTIVE BARGAINING.
    SEC. 155. SEVERABILITY.
Subtitle G--Early Investments
    SEC. 161. ENSURING VALUE AND LOWER PREMIUMS.
    `SEC. 2714. ENSURING VALUE AND LOWER PREMIUMS.
    `SEC. 2754. ENSURING VALUE AND LOWER PREMIUMS.
    SEC. 162. ENDING HEALTH INSURANCE RESCISSION ABUSE.
    `SEC. 2746. OPPORTUNITY FOR INDEPENDENT, EXTERNAL THIRD PARTY REVIEW IN CASES OF RESCISSION.
    SEC. 163. ADMINISTRATIVE SIMPLIFICATION.
    `SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS.
    SEC. 164. REINSURANCE PROGRAM FOR RETIREES.
TITLE II--HEALTH INSURANCE EXCHANGE AND RELATED PROVISIONS
Subtitle A--Health Insurance Exchange
    SEC. 201. ESTABLISHMENT OF HEALTH INSURANCE EXCHANGE; OUTLINE OF DUTIES; DEFINITIONS.
    SEC. 202. EXCHANGE-ELIGIBLE INDIVIDUALS AND EMPLOYERS.
    SEC. 203. BENEFITS PACKAGE LEVELS.
    SEC. 204. CONTRACTS FOR THE OFFERING OF EXCHANGE-PARTICIPATING HEALTH BENEFITS PLANS.
    SEC. 206. OTHER FUNCTIONS.
    SEC. 207. HEALTH INSURANCE EXCHANGE TRUST FUND.
    SEC. 208. OPTIONAL OPERATION OF STATE-BASED HEALTH INSURANCE EXCHANGES.
Subtitle B--Public Health Insurance Option
    SEC. 221. ESTABLISHMENT AND ADMINISTRATION OF A PUBLIC HEALTH INSURANCE OPTION AS AN EXCHANGE-QUALIFIED HEALTH BENEFITS PLAN.
    SEC. 222. PREMIUMS AND FINANCING.
    SEC. 223. PAYMENT RATES FOR ITEMS AND SERVICES.
    SEC. 224. MODERNIZED PAYMENT INITIATIVES AND DELIVERY SYSTEM REFORM.
    SEC. 225. PROVIDER PARTICIPATION.
    SEC. 226. APPLICATION OF FRAUD AND ABUSE PROVISIONS.
Subtitle C--Individual Affordability Credits
    SEC. 241. AVAILABILITY THROUGH HEALTH INSURANCE EXCHANGE.
    SEC. 242. AFFORDABLE CREDIT ELIGIBLE INDIVIDUAL.
    SEC. 243. AFFORDABLE PREMIUM CREDIT.
    SEC. 244. AFFORDABILITY COST-SHARING CREDIT.
    SEC. 245. INCOME DETERMINATIONS.
    SEC. 246. NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS.
TITLE III--SHARED RESPONSIBILITY
Subtitle A--Individual Responsibility
    SEC. 301. INDIVIDUAL RESPONSIBILITY.
Subtitle B--Employer Responsibility
PART 1--HEALTH COVERAGE PARTICIPATION REQUIREMENTS
    SEC. 311. HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    SEC. 312. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARDS EMPLOYEE AND DEPENDENT COVERAGE.
    SEC. 313. EMPLOYER CONTRIBUTIONS IN LIEU OF COVERAGE.
    SEC. 314. AUTHORITY RELATED TO IMPROPER STEERING.
PART 2--SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS
    `SEC. 801. ELECTION OF EMPLOYER TO BE SUBJECT TO NATIONAL HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    `SEC. 802. TREATMENT OF COVERAGE RESULTING FROM ELECTION.
    `SEC. 803. HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    `SEC. 804. RULES FOR APPLYING REQUIREMENTS.
    `SEC. 805. TERMINATION OF ELECTION IN CASES OF SUBSTANTIAL NONCOMPLIANCE.
    `SEC. 806. REGULATIONS.
`Part 8--National Health Coverage Participation Requirements
    SEC. 322. SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS UNDER THE INTERNAL REVENUE CODE OF 1986.
    SEC. 323. SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS UNDER THE PUBLIC HEALTH SERVICE ACT.
    `SEC. 2793. NATIONAL HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    SEC. 324. ADDITIONAL RULES RELATING TO HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
TITLE IV--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
Subtitle A--Shared Responsibility
PART 1--INDIVIDUAL RESPONSIBILITY
    SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
`PART VIII--HEALTH CARE RELATED TAXES
`subpart a. tax on individuals without acceptable health care coverage.
`Subpart A--Tax on Individuals Without Acceptable Health Care Coverage
    `SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
    `SEC. 6050X. RETURNS RELATING TO HEALTH INSURANCE COVERAGE.
`Part VIII. Health Care Related Taxes.'.
PART 2--EMPLOYER RESPONSIBILITY
    SEC. 411. ELECTION TO SATISFY HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    `SEC. 4980H. ELECTION WITH RESPECT TO HEALTH COVERAGE PARTICIPATION REQUIREMENTS.
    SEC. 412. RESPONSIBILITIES OF NONELECTING EMPLOYERS.
Subtitle B--Credit for Small Business Employee Health Coverage Expenses
    SEC. 421. CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH COVERAGE EXPENSES.
    `SEC. 45R. SMALL BUSINESS EMPLOYEE HEALTH COVERAGE CREDIT.
Subtitle C--Disclosures To Carry Out Health Insurance Exchange Subsidies
    SEC. 431. DISCLOSURES TO CARRY OUT HEALTH INSURANCE EXCHANGE SUBSIDIES.
Subtitle D--Other Revenue Provisions
PART 1--GENERAL PROVISIONS
    SEC. 441. SURCHARGE ON HIGH INCOME INDIVIDUALS.
`Subpart B--Surcharge on High Income Individuals
    `SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS.
`subpart b. surcharge on high income individuals.'.
    SEC. 442. DELAY IN APPLICATION OF WORLDWIDE ALLOCATION OF INTEREST.
PART 2--PREVENTION OF TAX AVOIDANCE
    SEC. 451. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.
    SEC. 452. CODIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.
    SEC. 453. PENALTIES FOR UNDERPAYMENTS.
DIVISION B--MEDICARE AND MEDICAID IMPROVEMENTS
    Sec. 1001. Table of contents of division.
    Sec. 1702. Requirements and special rules for certain Medicaid eligible individuals.
    Sec. 1757. Medicaid and CHIP exclusion from participation relating to certain ownership, control, and management affiliations.
    Sec. 1758. Requirement to report expanded set of data elements under MMIS to detect fraud and abuse.
TITLE I--IMPROVING HEALTH CARE VALUE
Subtitle A--Provisions Related to Medicare Part A
PART 1--MARKET BASKET UPDATES
    SEC. 1101. SKILLED NURSING FACILITY PAYMENT UPDATE.
    SEC. 1102. INPATIENT REHABILITATION FACILITY PAYMENT UPDATE.
    SEC. 1103. INCORPORATING PRODUCTIVITY IMPROVEMENTS INTO MARKET BASKET UPDATES THAT DO NOT ALREADY INCORPORATE SUCH IMPROVEMENTS.
PART 2--OTHER MEDICARE PART A PROVISIONS
    SEC. 1111. PAYMENTS TO SKILLED NURSING FACILITIES.
    SEC. 1112. MEDICARE DSH REPORT AND PAYMENT ADJUSTMENTS IN RESPONSE TO COVERAGE EXPANSION.
Subtitle B--Provisions Related to Part B
PART 1--PHYSICIANS' SERVICES
    SEC. 1121. SUSTAINABLE GROWTH RATE REFORM.
    SEC. 1122. MISVALUED CODES UNDER THE PHYSICIAN FEE SCHEDULE.
    SEC. 1123. PAYMENTS FOR EFFICIENT AREAS.
    SEC. 1124. MODIFICATIONS TO THE PHYSICIAN QUALITY REPORTING INITIATIVE (PQRI).
    SEC. 1125. ADJUSTMENT TO MEDICARE PAYMENT LOCALITIES.
PART 2--MARKET BASKET UPDATES
    SEC. 1131. INCORPORATING PRODUCTIVITY IMPROVEMENTS INTO MARKET BASKET UPDATES THAT DO NOT ALREADY INCORPORATE SUCH IMPROVEMENTS.
PART 3--OTHER PROVISIONS
    SEC. 1141. RENTAL AND PURCHASE OF POWER-DRIVEN WHEELCHAIRS.
    SEC. 1142. EXTENSION OF PAYMENT RULE FOR BRACHYTHERAPY.
    SEC. 1143. HOME INFUSION THERAPY REPORT TO CONGRESS.
    SEC. 1144. REQUIRE AMBULATORY SURGICAL CENTERS (ASCS) TO SUBMIT COST DATA AND OTHER DATA.
    SEC. 1145. TREATMENT OF CERTAIN CANCER HOSPITALS.
    SEC. 1146. MEDICARE IMPROVEMENT FUND.
    SEC. 1147. PAYMENT FOR IMAGING SERVICES.
    SEC. 1148. DURABLE MEDICAL EQUIPMENT PROGRAM IMPROVEMENTS.
    SEC. 1149. MEDPAC STUDY AND REPORT ON BONE MASS MEASUREMENT.
Subtitle C--Provisions Related to Medicare Parts A and B
    SEC. 1151. REDUCING POTENTIALLY PREVENTABLE HOSPITAL READMISSIONS.
    SEC. 1152. POST ACUTE CARE SERVICES PAYMENT REFORM PLAN AND BUNDLING PILOT PROGRAM.
    `SEC. 1866D. CONVERSION OF ACUTE CARE EPISODE DEMONSTRATION TO PILOT PROGRAM AND EXPANSION TO INCLUDE POST ACUTE SERVICES.
    SEC. 1153. HOME HEALTH PAYMENT UPDATE FOR 2010.
    SEC. 1154. PAYMENT ADJUSTMENTS FOR HOME HEALTH CARE.
    SEC. 1155. INCORPORATING PRODUCTIVITY IMPROVEMENTS INTO MARKET BASKET UPDATE FOR HOME HEALTH SERVICES.
    SEC. 1156. LIMITATION ON MEDICARE EXCEPTIONS TO THE PROHIBITION ON CERTAIN PHYSICIAN REFERRALS MADE TO HOSPITALS.
    SEC. 1157. INSTITUTE OF MEDICINE STUDY OF GEOGRAPHIC ADJUSTMENT FACTORS UNDER MEDICARE.
    SEC. 1158. REVISION OF MEDICARE PAYMENT SYSTEMS TO ADDRESS GEOGRAPHIC INEQUITIES.
Subtitle D--Medicare Advantage Reforms
PART 1--PAYMENT AND ADMINISTRATION
    SEC. 1161. PHASE-IN OF PAYMENT BASED ON FEE-FOR-SERVICE COSTS.
    SEC. 1162. QUALITY BONUS PAYMENTS.
    SEC. 1163. EXTENSION OF SECRETARIAL CODING INTENSITY ADJUSTMENT AUTHORITY.
    SEC. 1164. SIMPLIFICATION OF ANNUAL BENEFICIARY ELECTION PERIODS.
    SEC. 1165. EXTENSION OF REASONABLE COST CONTRACTS.
    SEC. 1166. LIMITATION OF WAIVER AUTHORITY FOR EMPLOYER GROUP PLANS.
    SEC. 1167. IMPROVING RISK ADJUSTMENT FOR PAYMENTS.
    SEC. 1168. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND.
PART 2--BENEFICIARY PROTECTIONS AND ANTI-FRAUD
    SEC. 1171. LIMITATION ON COST-SHARING FOR INDIVIDUAL HEALTH SERVICES.
    SEC. 1172. CONTINUOUS OPEN ENROLLMENT FOR ENROLLEES IN PLANS WITH ENROLLMENT SUSPENSION.
    SEC. 1173. INFORMATION FOR BENEFICIARIES ON MA PLAN ADMINISTRATIVE COSTS.
    SEC. 1174. STRENGTHENING AUDIT AUTHORITY.
    SEC. 1175. AUTHORITY TO DENY PLAN BIDS.
PART 3--TREATMENT OF SPECIAL NEEDS PLANS
    SEC. 1177. EXTENSION OF AUTHORITY OF SPECIAL NEEDS PLANS TO RESTRICT ENROLLMENT.
Subtitle E--Improvements to Medicare Part D
    SEC. 1181. ELIMINATION OF COVERAGE GAP.
    SEC. 1182. DISCOUNTS FOR CERTAIN PART D DRUGS IN ORIGINAL COVERAGE GAP.
    SEC. 1185. PERMITTING MID-YEAR CHANGES IN ENROLLMENT FOR FORMULARY CHANGES THAT ADVERSELY IMPACT AN ENROLLEE.
Subtitle F--Medicare Rural Access Protections
    SEC. 1191. TELEHEALTH EXPANSION AND ENHANCEMENTS.
    SEC. 1192. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.
    SEC. 1193. EXTENSION OF SECTION 508 HOSPITAL RECLASSIFICATIONS.
    SEC. 1194. EXTENSION OF GEOGRAPHIC FLOOR FOR WORK.
    SEC. 1195. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES.
    SEC. 1196. EXTENSION OF AMBULANCE ADD-ONS.
TITLE II--MEDICARE BENEFICIARY IMPROVEMENTS
Subtitle A--Improving and Simplifying Financial Assistance for Low Income Medicare Beneficiaries
    SEC. 1201. IMPROVING ASSETS TESTS FOR MEDICARE SAVINGS PROGRAM AND LOW-INCOME SUBSIDY PROGRAM.
    SEC. 1202. ELIMINATION OF PART D COST-SHARING FOR CERTAIN NON-INSTITUTIONALIZED FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS.
    SEC. 1203. ELIMINATING BARRIERS TO ENROLLMENT.
    SEC. 1204. ENHANCED OVERSIGHT RELATING TO REIMBURSEMENTS FOR RETROACTIVE LOW INCOME SUBSIDY ENROLLMENT.
    SEC. 1205. INTELLIGENT ASSIGNMENT IN ENROLLMENT.
    SEC. 1206. SPECIAL ENROLLMENT PERIOD AND AUTOMATIC ENROLLMENT PROCESS FOR CERTAIN SUBSIDY ELIGIBLE INDIVIDUALS.
    SEC. 1207. APPLICATION OF MA PREMIUMS PRIOR TO REBATE IN CALCULATION OF LOW INCOME SUBSIDY BENCHMARK.
Subtitle B--Reducing Health Disparities
    SEC. 1221. ENSURING EFFECTIVE COMMUNICATION IN MEDICARE.
    SEC. 1223. IOM REPORT ON IMPACT OF LANGUAGE ACCESS SERVICES.
    SEC. 1224. DEFINITIONS.
Subtitle C--Miscellaneous Improvements
    SEC. 1231. EXTENSION OF THERAPY CAPS EXCEPTIONS PROCESS.
    SEC. 1233. ADVANCE CARE PLANNING CONSULTATION.
`Advance Care Planning Consultation
    SEC. 1234. PART B SPECIAL ENROLLMENT PERIOD AND WAIVER OF LIMITED ENROLLMENT PENALTY FOR TRICARE BENEFICIARIES.
    SEC. 1236. DEMONSTRATION PROGRAM ON USE OF PATIENT DECISIONS AIDS.
TITLE III--PROMOTING PRIMARY CARE, MENTAL HEALTH SERVICES, AND COORDINATED CARE
    SEC. 1301. ACCOUNTABLE CARE ORGANIZATION PILOT PROGRAM.
`ACCOUNTABLE CARE ORGANIZATION PILOT PROGRAM
    SEC. 1302. MEDICAL HOME PILOT PROGRAM.
`MEDICAL HOME PILOT PROGRAM
    SEC. 1303. PAYMENT INCENTIVE FOR SELECTED PRIMARY CARE SERVICES.
    SEC. 1304. INCREASED REIMBURSEMENT RATE FOR CERTIFIED NURSE-MIDWIVES.
    SEC. 1305. COVERAGE AND WAIVER OF COST-SHARING FOR PREVENTIVE SERVICES.
`Medicare Covered Preventive Services
    SEC. 1308. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES.
`Marriage and Family Therapist Services
`Mental Health Counselor Services
    SEC. 1309. EXTENSION OF PHYSICIAN FEE SCHEDULE MENTAL HEALTH ADD-ON.
    SEC. 1310. EXPANDING ACCESS TO VACCINES.
`Federally Recommended Vaccines
TITLE IV--QUALITY
Subtitle A--Comparative Effectiveness Research
    SEC. 1401. COMPARATIVE EFFECTIVENESS RESEARCH.
`Part D--Comparative Effectiveness Research
`COMPARATIVE EFFECTIVENESS RESEARCH
Subtitle B--Nursing Home Transparency
PART 1--IMPROVING TRANSPARENCY OF INFORMATION ON SKILLED NURSING FACILITIES AND NURSING FACILITIES
    SEC. 1411. REQUIRED DISCLOSURE OF OWNERSHIP AND ADDITIONAL DISCLOSABLE PARTIES INFORMATION.
    SEC. 1412. ACCOUNTABILITY REQUIREMENTS.
    SEC. 1413. NURSING HOME COMPARE MEDICARE WEBSITE.
    SEC. 1414. REPORTING OF EXPENDITURES.
    SEC. 1415. STANDARDIZED COMPLAINT FORM.
    SEC. 1416. ENSURING STAFFING ACCOUNTABILITY.
PART 2--TARGETING ENFORCEMENT
    SEC. 1421. CIVIL MONEY PENALTIES.
    SEC. 1422. NATIONAL INDEPENDENT MONITOR PILOT PROGRAM.
    SEC. 1423. NOTIFICATION OF FACILITY CLOSURE.
PART 3--IMPROVING STAFF TRAINING
    SEC. 1431. DEMENTIA AND ABUSE PREVENTION TRAINING.
    SEC. 1432. STUDY AND REPORT ON TRAINING REQUIRED FOR CERTIFIED NURSE AIDES AND SUPERVISORY STAFF.
Subtitle C--Quality Measurements
    SEC. 1441. ESTABLISHMENT OF NATIONAL PRIORITIES FOR QUALITY IMPROVEMENT.
`Part E--Quality Improvement
`ESTABLISHMENT OF NATIONAL PRIORITIES FOR PERFORMANCE IMPROVEMENT
    SEC. 1442. DEVELOPMENT OF NEW QUALITY MEASURES; GAO EVALUATION OF DATA COLLECTION PROCESS FOR QUALITY MEASUREMENT.
    `SEC. 1192. DEVELOPMENT OF NEW QUALITY MEASURES.
    `SEC. 1193. GAO EVALUATION OF DATA COLLECTION PROCESS FOR QUALITY MEASUREMENT.
    SEC. 1443. MULTI-STAKEHOLDER PRE-RULEMAKING INPUT INTO SELECTION OF QUALITY MEASURES.
    SEC. 1444. APPLICATION OF QUALITY MEASURES.
    SEC. 1445. CONSENSUS-BASED ENTITY FUNDING.
Subtitle D--Physician Payments Sunshine Provision
Subtitle E--Public Reporting on Health Care-Associated Infections
    SEC. 1461. REQUIREMENT FOR PUBLIC REPORTING BY HOSPITALS AND AMBULATORY SURGICAL CENTERS ON HEALTH CARE-ASSOCIATED INFECTIONS.
    `SEC. 1138A. REQUIREMENT FOR PUBLIC REPORTING BY HOSPITALS AND AMBULATORY SURGICAL CENTERS ON HEALTH CARE-ASSOCIATED INFECTIONS.
TITLE V--MEDICARE GRADUATE MEDICAL EDUCATION
    SEC. 1501. DISTRIBUTION OF UNUSED RESIDENCY POSITIONS.
    SEC. 1502. INCREASING TRAINING IN NONPROVIDER SETTINGS.
    SEC. 1503. RULES FOR COUNTING RESIDENT TIME FOR DIDACTIC AND SCHOLARLY ACTIVITIES AND OTHER ACTIVITIES.
    SEC. 1504. PRESERVATION OF RESIDENT CAP POSITIONS FROM CLOSED HOSPITALS.
    SEC. 1505. IMPROVING ACCOUNTABILITY FOR APPROVED MEDICAL RESIDENCY TRAINING.
TITLE VI--PROGRAM INTEGRITY
Subtitle A--Increased Funding To Fight Waste, Fraud, and Abuse
    SEC. 1601. INCREASED FUNDING AND FLEXIBILITY TO FIGHT FRAUD AND ABUSE.
Subtitle B--Enhanced Penalties for Fraud and Abuse
    SEC. 1611. ENHANCED PENALTIES FOR FALSE STATEMENTS ON PROVIDER OR SUPPLIER ENROLLMENT APPLICATIONS.
    SEC. 1612. ENHANCED PENALTIES FOR SUBMISSION OF FALSE STATEMENTS MATERIAL TO A FALSE CLAIM.
    SEC. 1613. ENHANCED PENALTIES FOR DELAYING INSPECTIONS.
    SEC. 1614. ENHANCED HOSPICE PROGRAM SAFEGUARDS.
    `SEC. 1819A. ASSURING QUALITY OF CARE IN HOSPICE CARE.
    `SEC. 2114. ASSURING QUALITY OF CARE IN HOSPICE CARE.
    SEC. 1615. ENHANCED PENALTIES FOR INDIVIDUALS EXCLUDED FROM PROGRAM PARTICIPATION.
    SEC. 1616. ENHANCED PENALTIES FOR PROVISION OF FALSE INFORMATION BY MEDICARE ADVANTAGE AND PART D PLANS.
    SEC. 1617. ENHANCED PENALTIES FOR MEDICARE ADVANTAGE AND PART D MARKETING VIOLATIONS.
    SEC. 1618. ENHANCED PENALTIES FOR OBSTRUCTION OF PROGRAM AUDITS.
    SEC. 1619. EXCLUSION OF CERTAIN INDIVIDUALS AND ENTITIES FROM PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS.
Subtitle C--Enhanced Program and Provider Protections
    SEC. 1631. ENHANCED CMS PROGRAM PROTECTION AUTHORITY.
    `SEC. 1128G. ENHANCED PROGRAM AND PROVIDER PROTECTIONS IN THE MEDICARE, MEDICAID, AND CHIP PROGRAMS.
    SEC. 1632. ENHANCED MEDICARE, MEDICAID, AND CHIP PROGRAM DISCLOSURE REQUIREMENTS RELATING TO PREVIOUS AFFILIATIONS.
    SEC. 1633. REQUIRED INCLUSION OF PAYMENT MODIFIER FOR CERTAIN EVALUATION AND MANAGEMENT SERVICES.
    SEC. 1634. EVALUATIONS AND REPORTS REQUIRED UNDER MEDICARE INTEGRITY PROGRAM.
    SEC. 1635. REQUIRE PROVIDERS AND SUPPLIERS TO ADOPT PROGRAMS TO REDUCE WASTE, FRAUD, AND ABUSE.
    SEC. 1636. MAXIMUM PERIOD FOR SUBMISSION OF MEDICARE CLAIMS REDUCED TO NOT MORE THAN 12 MONTHS.
    SEC. 1638. REQUIREMENT FOR PHYSICIANS TO PROVIDE DOCUMENTATION ON REFERRALS TO PROGRAMS AT HIGH RISK OF WASTE AND ABUSE.
    SEC. 1640. EXTENSION OF TESTIMONIAL SUBPOENA AUTHORITY TO PROGRAM EXCLUSION INVESTIGATIONS.
    SEC. 1641. REQUIRED REPAYMENTS OF MEDICARE AND MEDICAID OVERPAYMENTS.
    SEC. 1642. EXPANDED APPLICATION OF HARDSHIP WAIVERS FOR OIG EXCLUSIONS TO BENEFICIARIES OF ANY FEDERAL HEALTH CARE PROGRAM.
    SEC. 1643. ACCESS TO CERTAIN INFORMATION ON RENAL DIALYSIS FACILITIES.
    SEC. 1644. BILLING AGENTS, CLEARINGHOUSES, OR OTHER ALTERNATE PAYEES REQUIRED TO REGISTER UNDER MEDICARE.
    SEC. 1645. CONFORMING CIVIL MONETARY PENALTIES TO FALSE CLAIMS ACT AMENDMENTS.
Subtitle D--Access to Information Needed To Prevent Fraud, Waste, and Abuse
    SEC. 1651. ACCESS TO INFORMATION NECESSARY TO IDENTIFY FRAUD, WASTE, AND ABUSE.
    SEC. 1653. COMPLIANCE WITH HIPAA PRIVACY AND SECURITY STANDARDS.
TITLE VII--MEDICAID AND CHIP
Subtitle A--Medicaid and Health Reform
    SEC. 1701. ELIGIBILITY FOR INDIVIDUALS WITH INCOME BELOW 133 1/3 PERCENT OF THE FEDERAL POVERTY LEVEL.
    SEC. 1702. REQUIREMENTS AND SPECIAL RULES FOR CERTAIN MEDICAID ELIGIBLE INDIVIDUALS.
`REQUIREMENTS AND SPECIAL RULES FOR CERTAIN MEDICAID ELIGIBLE INDIVIDUALS
    SEC. 1703. CHIP AND MEDICAID MAINTENANCE OF EFFORT.
    SEC. 1704. REDUCTION IN MEDICAID DSH.
    SEC. 1705. EXPANDED OUTSTATIONING.
Subtitle B--Prevention
    SEC. 1711. REQUIRED COVERAGE OF PREVENTIVE SERVICES.
    SEC. 1712. TOBACCO CESSATION.
    SEC. 1713. OPTIONAL COVERAGE OF NURSE HOME VISITATION SERVICES.
    SEC. 1714. STATE ELIGIBILITY OPTION FOR FAMILY PLANNING SERVICES.
`PRESUMPTIVE ELIGIBILITY FOR FAMILY PLANNING SERVICES
Subtitle C--Access
    SEC. 1721. PAYMENTS TO PRIMARY CARE PRACTITIONERS.
    SEC. 1722. MEDICAL HOME PILOT PROGRAM.
    SEC. 1723. TRANSLATION OR INTERPRETATION SERVICES.
    SEC. 1724. OPTIONAL COVERAGE FOR FREESTANDING BIRTH CENTER SERVICES.
    SEC. 1725. INCLUSION OF PUBLIC HEALTH CLINICS UNDER THE VACCINES FOR CHILDREN PROGRAM.
Subtitle D--Coverage
    SEC. 1731. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS.
    SEC. 1732. EXTENDING TRANSITIONAL MEDICAID ASSISTANCE (TMA).
    SEC. 1733. REQUIREMENT OF 12-MONTH CONTINUOUS COVERAGE UNDER CERTAIN CHIP PROGRAMS.
Subtitle E--Financing
    SEC. 1741. PAYMENTS TO PHARMACISTS.
    SEC. 1742. PRESCRIPTION DRUG REBATES.
    SEC. 1743. EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF MEDICAID MANAGED CARE ORGANIZATIONS.
    SEC. 1744. PAYMENTS FOR GRADUATE MEDICAL EDUCATION.
Subtitle F--Waste, Fraud, and Abuse
    SEC. 1751. HEALTH-CARE ACQUIRED CONDITIONS.
    SEC. 1752. EVALUATIONS AND REPORTS REQUIRED UNDER MEDICAID INTEGRITY PROGRAM.
    SEC. 1753. REQUIRE PROVIDERS AND SUPPLIERS TO ADOPT PROGRAMS TO REDUCE WASTE, FRAUD, AND ABUSE.
    SEC. 1754. OVERPAYMENTS.
    SEC. 1755. MANAGED CARE ORGANIZATIONS.
    SEC. 1757. MEDICAID AND CHIP EXCLUSION FROM PARTICIPATION RELATING TO CERTAIN OWNERSHIP, CONTROL, AND MANAGEMENT AFFILIATIONS.
    SEC. 1758. REQUIREMENT TO REPORT EXPANDED SET OF DATA ELEMENTS UNDER MMIS TO DETECT FRAUD AND ABUSE.
    SEC. 1759. BILLING AGENTS, CLEARINGHOUSES, OR OTHER ALTERNATE PAYEES REQUIRED TO REGISTER UNDER MEDICAID.
    SEC. 1760. DENIAL OF PAYMENTS FOR LITIGATION-RELATED MISCONDUCT.
Subtitle G--Puerto Rico and the Territories
    SEC. 1771. PUERTO RICO AND TERRITORIES.
Subtitle H--Miscellaneous
    SEC. 1781. TECHNICAL CORRECTIONS.
    SEC. 1782. EXTENSION OF QI PROGRAM.
TITLE VIII--REVENUE-RELATED PROVISIONS
    SEC. 1802. COMPARATIVE EFFECTIVENESS RESEARCH TRUST FUND; FINANCING FOR TRUST FUND.
    `SEC. 9511. HEALTH CARE COMPARATIVE EFFECTIVENESS RESEARCH TRUST FUND.
`Subchapter B--Insured and Self-Insured Health Plans
    `SEC. 4375. HEALTH INSURANCE.
    `SEC. 4376. SELF-INSURED HEALTH PLANS.
    `SEC. 4377. DEFINITIONS AND SPECIAL RULES.
`CHAPTER 34--TAXES ON CERTAIN INSURANCE POLICIES
`subchapter a. policies issued by foreign insurers
`subchapter b. insured and self-insured health plans
`Subchapter A--Policies Issued By Foreign Insurers'.
`Chapter 34--Taxes on Certain Insurance Policies'.
TITLE IX--MISCELLANEOUS PROVISIONS
    SEC. 1901. REPEAL OF TRIGGER PROVISION.
    SEC. 1902. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM.
    SEC. 1903. EXTENSION OF GAINSHARING DEMONSTRATION.
`Subpart 3--Support for Quality Home Visitation Programs
    `SEC. 440. HOME VISITATION PROGRAMS FOR FAMILIES WITH YOUNG CHILDREN AND FAMILIES EXPECTING CHILDREN.
    SEC. 1905. IMPROVED COORDINATION AND PROTECTION FOR DUAL ELIGIBLES.
`IMPROVED COORDINATION AND PROTECTION FOR DUAL ELIGIBLES
DIVISION C--PUBLIC HEALTH AND WORKFORCE DEVELOPMENT
    Sec. 2001. Table of contents; references.
    SEC. 2002. PUBLIC HEALTH INVESTMENT FUND.
TITLE I--COMMUNITY HEALTH CENTERS
    SEC. 2101. INCREASED FUNDING.
TITLE II--WORKFORCE
Subtitle A--Primary Care Workforce
PART 1--NATIONAL HEALTH SERVICE CORPS
    SEC. 2201. NATIONAL HEALTH SERVICE CORPS.
    SEC. 2202. AUTHORIZATIONS OF APPROPRIATIONS.
    `SEC. 338H-1. ADDITIONAL FUNDING.
PART 2--PROMOTION OF PRIMARY CARE AND DENTISTRY
    SEC. 2211. FRONTLINE HEALTH PROVIDERS.
`Subpart XI--Health Professional Needs Areas
    `SEC. 340H. IN GENERAL.
    `SEC. 340I. LOAN REPAYMENTS.
    `SEC. 340J. REPORT.
    `SEC. 340K. ALLOCATION.
    SEC. 2212. PRIMARY CARE STUDENT LOAN FUNDS.
    SEC. 2213. TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE, GENERAL PEDIATRICS, GERIATRICS, AND PHYSICIAN ASSISTANTSHIP.
    SEC. 2214. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS.
    `SEC. 748. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS.
    SEC. 2215. TRAINING FOR GENERAL, PEDIATRIC, AND PUBLIC HEALTH DENTISTS AND DENTAL HYGIENISTS.
    `SEC. 749. TRAINING FOR GENERAL, PEDIATRIC, AND PUBLIC HEALTH DENTISTS AND DENTAL HYGIENISTS.
    SEC. 2216. AUTHORIZATION OF APPROPRIATIONS.
    `SEC. 799C. FUNDING THROUGH PUBLIC HEALTH INVESTMENT FUND.
Subtitle B--Nursing Workforce
    SEC. 2221. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
    `SEC. 872. FUNDING THROUGH PUBLIC HEALTH INVESTMENT FUND.
    `SEC. 871. FUNDING.
Subtitle C--Public Health Workforce
    SEC. 2231. PUBLIC HEALTH WORKFORCE CORPS.
`Subpart XII--Public Health Workforce
    `SEC. 340L. PUBLIC HEALTH WORKFORCE CORPS.
    `SEC. 340M. PUBLIC HEALTH WORKFORCE SCHOLARSHIP PROGRAM.
    `SEC. 340N. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.
    SEC. 2232. ENHANCING THE PUBLIC HEALTH WORKFORCE.
    `SEC. 765. ENHANCING THE PUBLIC HEALTH WORKFORCE.
    SEC. 2233. PUBLIC HEALTH TRAINING CENTERS.
    SEC. 2234. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM.
    `SEC. 768. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM.
    SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
Subtitle D--Adapting Workforce to Evolving Health System Needs
PART 1--HEALTH PROFESSIONS TRAINING FOR DIVERSITY
    SEC. 2242. NURSING WORKFORCE DIVERSITY GRANTS.
    SEC. 2243. COORDINATION OF DIVERSITY AND CULTURAL COMPETENCY PROGRAMS.
    `SEC. 739A. COORDINATION OF DIVERSITY AND CULTURAL COMPETENCY PROGRAMS.
PART 2--INTERDISCIPLINARY TRAINING PROGRAMS
    SEC. 2251. CULTURAL AND LINGUISTIC COMPETENCY TRAINING FOR HEALTH CARE PROFESSIONALS.
    SEC. 2252. INNOVATIONS IN INTERDISCIPLINARY CARE TRAINING.
    `SEC. 759. INNOVATIONS IN INTERDISCIPLINARY CARE TRAINING.
PART 3--ADVISORY COMMITTEE ON HEALTH WORKFORCE EVALUATION AND ASSESSMENT
    SEC. 2261. HEALTH WORKFORCE EVALUATION AND ASSESSMENT.
    `SEC. 764. HEALTH WORKFORCE EVALUATION AND ASSESSMENT.
PART 4--HEALTH WORKFORCE ASSESSMENT
    SEC. 2271. HEALTH WORKFORCE ASSESSMENT.
PART 5--AUTHORIZATION OF APPROPRIATIONS
    SEC. 2281. AUTHORIZATION OF APPROPRIATIONS.
TITLE III--PREVENTION AND WELLNESS
    SEC. 2301. PREVENTION AND WELLNESS.
`TITLE XXXI--PREVENTION AND WELLNESS
`Subtitle A--Prevention and Wellness Trust
    `SEC. 3111. PREVENTION AND WELLNESS TRUST.
`Subtitle B--National Prevention and Wellness Strategy
    `SEC. 3121. NATIONAL PREVENTION AND WELLNESS STRATEGY.
`Subtitle C--Prevention Task Forces
    `SEC. 3131. TASK FORCE ON CLINICAL PREVENTIVE SERVICES.
    `SEC. 3132. TASK FORCE ON COMMUNITY PREVENTIVE SERVICES.
`Subtitle D--Prevention and Wellness Research
    `SEC. 3141. PREVENTION AND WELLNESS RESEARCH ACTIVITY COORDINATION.
    `SEC. 3142. COMMUNITY PREVENTION AND WELLNESS RESEARCH GRANTS.
`Subtitle E--Delivery of Community Prevention and Wellness Services
    `SEC. 3151. COMMUNITY PREVENTION AND WELLNESS SERVICES GRANTS.
`Subtitle F--Core Public Health Infrastructure
    `SEC. 3161. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, AND TRIBAL HEALTH DEPARTMENTS.
    `SEC. 3162. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES FOR CDC.
`Subtitle G--General Provisions
    `SEC. 3171. DEFINITIONS.
TITLE IV--QUALITY AND SURVEILLANCE
    SEC. 2401. IMPLEMENTATION OF BEST PRACTICES IN THE DELIVERY OF HEALTH CARE.
`PART D--IMPLEMENTATION OF BEST PRACTICES IN THE DELIVERY OF HEALTH CARE
    `SEC. 931. CENTER FOR QUALITY IMPROVEMENT.
    SEC. 2402. ASSISTANT SECRETARY FOR HEALTH INFORMATION.
    `SEC. 1709. ASSISTANT SECRETARY FOR HEALTH INFORMATION.
    SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.
TITLE V--OTHER PROVISIONS
Subtitle A--Drug Discount for Rural and Other Hospitals
    SEC. 2501. EXPANDED PARTICIPATION IN 340B PROGRAM.
    SEC. 2502. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS.
    SEC. 2503. EFFECTIVE DATE.
Subtitle B--School-Based Health Clinics
    SEC. 2511. SCHOOL-BASED HEALTH CLINICS.
    `SEC. 399Z-1. SCHOOL-BASED HEALTH CLINICS.
Subtitle C--National Medical Device Registry
    SEC. 2521. NATIONAL MEDICAL DEVICE REGISTRY.
`National Medical Device Registry
Subtitle D--Grants for Comprehensive Programs To Provide Education to Nurses and Create a Pipeline to Nursing
    SEC. 2531. ESTABLISHMENT OF GRANT PROGRAM.
Subtitle E--States Failing To Adhere to Certain Employment Obligations
    SEC. 2541. LIMITATION ON FEDERAL FUNDS.


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Conservatives for Patients' Rights

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Conservatives for Patients' Rights (CPR) is a health care pressure group founded by Rick Scott, a lawyer by trade, in February 2009. Scott has stated that CPR is intended to put pressure on U.S. Democrats to enact health care legislation based on free-market principles.[1] CPR opposes the broad outlines of President Obama's health care reform plan, and has hired Creative Response Concepts, a public relations firm which previously worked with the Swift Boat Veterans for Truth.[2] Scott has been accused of using swiftboating tactics in an attempt to defeat Obama's health care reform plan.[3][4]

Contents

[hide]

[edit] Funding sources

As of March, 2009, Rick Scott had given about $5 million for a planned $20 million advertising campaign by CPR.[1] CPS does not identify any of its funding sources on its website and it is unknown where the balance comes from.[5]

Scott founded the Columbia Hospital Corporation in 1987, but was ousted by the company's board of directors in 1997 in the midst of the nation's biggest health care fraud scandal, which involved Medicaid and Medicare fraud.[6] Canadian physician and private insurance advocate, Dr. Brian Day, appears in an advertisement running on television for CPR, although in a situation reminiscent of the Columbia/HCA fraud case involving Scott, Day's private surgical clinic in British Columbia is currently under investigation by the B.C. government for illegal billing practices.[7]

Parallels have been drawn with the Harry and Louise campaign funded by the insurance, pharmaceutical and hospital industries against health care in the early Clinton years when the last attempt was made to get significant heath care reform.[8] This time around, with US health spending already at 17.6% of GPD, and predicted to be at 20.3% in 2018,[9] the health care industry may not want to be visibly associated with this campaign. CPR is often mentioned in conversations surrounding lobbying against health-care reform.

[edit] Campaign

The American public seems more ready for health care reform now than ever,[10] with many actually without health care at all.[11] Conservatives for Patients' Rights assert themselves as advocates for better health care. Their plan is described as the pillars of health care reform:"choice, competition, accountability and personal responsibility."[6][12]

The CPR campaign for competition suggests a release of "burdensome regulations" against private companies in allowance of unfettered "competition" across the states. [12] Scott said at that time of the CPR launch, "[When] the government gets involved, you run out of money and health care gets rationed."[1] Scott has created and starred in a series of commercials advocating against greater government involvement in health care. One CPR tactic against the President's plan is to protest at town hall meetings on the issue. They have provided a list of local town hall meetings on the issue which the group urge their supporters to attend and have provided video footage on how previous people have handled the situation. [13] [14]

[edit] Opposition to the campaign

The Service Employees International Union suggests that the CPR promoted "interruption" strategy at town hall meetings are essentially diverting any attention away from productive dialogue. [15] Robert Gibbs says that groups like CPR are right-winged investments in the "status quo". Chuck Schumer calls them a "'small fringe group' who want to 'monopolize conversation'"[16][17] White House Democrats are claiming that the rowdy protests are orchestrated by lobbyists and the right wing.[18]

"'This mob activity is straight from the playbook of high-level Republican political operatives,' the Democratic National Committee says in a new Web video. 'They have no plan for moving our country forward, so they've called out the mob.'"[19]

Health policy analysts disagree with Scott's assertion that the Obama plan is "socialized medicine."[20][21]

A nonprofit news organization from Washington DC, points out that CPR campaigning supports false allegations against the Presiden't plan: The CPR presents commercials of how health-care reform will "sqeeze" Americans: "higher taxes, an inflated deficit, skyrocketing premiums and lousy public health coverage."

In May 2009, the group Health Care for America Now (HCAN) started broadcasting an advertisement in the Washington, D.C. area and in Scott's home town of Naples, Florida, highlighting the Columbia/HCA fraud case and the millions made by Scott with that company.[22] HCAN said of Scott: "He and his insurance-company friends make millions from the broken system we have now."[23] Some conservative health care policy experts[who?] also questioned Scott's involvement on grounds that Obama's health care plan had yet to be made public, or on grounds that the insurance industry is willing to consider a compromise which would allow greater government involvement in health care. Other conservative groups[who?] have been more welcoming. The director of the Council for Affordable Health Insurance indicated a willingness to work with Scott, saying: "He's bringing a lot of money to the table."[6]

In August 2009, Katie Brickell and Kate Spall, two British woman who featured in a CPR commercial attacking the National Health Service, said they were "duped" and the commercial misrepresents them because in reality they strongly support state-funded health care. Both told The Times newspaper that they had been told they were being interviewed for a documentary examining healthcare reform, and neither knew the footage would be used for such a commercial. [24]

[edit] Claims made by CPR

Claim #1: Health reform "could raise taxes by $600 billion—even taxing soda." The ad cites a July 10 Associated Press article in Newsday reporting that House Ways and Means Chairman Charles Rangel, D-NY., "has said his committee needs to come up with $600 billion in new taxes to deliver on Obama's goal of sweeping changes to bring down costs and cover the 50 million uninsured." The ad doesn't note that the $600 billion is a figure over 10 years. Holahan says that number could turn out to be right, but it likely will be less. "There are all kinds of proposals out there, and [the cost] depends on the design choices, including how generous it is in terms of benefits and subsidies, what savings they can get out of Medicare and Medicaid and whether there's a public plan." And, a soda tax is just one of many proposed revenue-raisers, including a cap on the tax deductibility of insurance premiums, a tax on the wealthy and an alcohol tax.

Claim #2: Health reform "could add a trillion to the federal deficit." For this one, the CPR cites a commentary from Fortune. The Congressional Budget Office did score the House tri-committee bill as having a total cost of around $1 trillion, but doesn't mention that could accumulate over a ten year period, not in a single year. Holahan points out that an increase in the federal deficit means spending money without raising taxes. "It's almost impossible to both say that you're going to raise taxes by $600 billion and increase the deficit by $1 trillion—that means there's no savings at all anywhere. That can't be right."

Claim #3: Health reform "could hike your health insurance premiums 95 percent." This number comes from a study by The Council for Affordable Health Insurance, an advocacy group for insurance carriers in the individual, small group, HSA and senior markets. The CAHI study looked at what would happen if a health care overhaul banned insurance plans from determining premiums based on a potential customer's risk factors, such as age and any "pre-existing conditions."

The study finds that even with an individual mandate, eliminating all risk assessment would increase premiums by around 95% but does not include an explanation of how the numbers were derived. But Holahan says that, in the absence of health reform, premiums are "almost guaranteed" to grow 95% over a 10 year period.

Claim #4: "You still might end up on their government-run health plan." The CPR cites a study from The Lewin Group. Republican lawmakers often quote the study as saying that a public plan would cause 119 million Americans to drop their private health insurance. But that was only under a scenario in which the public plan is open to everyone and paid providers at Medicare rates. Under other scenarios, the same study found that as few as 10.2 million Americans would drop out of private plans." [25]

[edit] See also

[edit] References

  1. ^ a b c Mullins, Brody; Kilman, Scott (February 26, 2009). "Lobbyists Line Up to Torpedo Speech Proposals". Wall Street Journal. http://online.wsj.com/article/SB123561083268377547.html.
  2. ^ Conservative PR Firm That Repped Swift Boat Vets Now Helping Fight Sotomayor, The Washington Post
  3. ^ Swift Boating Rick Scott Lies About HCAN, Health Care for America Now
  4. ^ Rick Scott's 30-Minute Lie, SEIU
  5. ^ http://www.cprights.org/ Conservatives for Patients' Rights website
  6. ^ a b c Rutenberg, Jim (April 1, 2009). "Health Critic Brings a Past and a Wallet". The New York Times. http://www.nytimes.com/2009/04/02/us/politics/02scott.html.
  7. ^ Listen to Canadians, not Brian Day and his for-profit friends, Physicians for a National Health Program
  8. ^ Ex-Hospital CEO Battles Reform Effort from the Washington Post
  9. ^ California HealthCare Foundation: "California Health Care Almanac", http://www.chcf.org/topics/download.cfm?pg=insurance&fn=HealthCareCosts09%2Epdf&pid=512019&itemid=133630, April, 2009
  10. ^ In Poll, Wide Support for Government-Run Health from The New York Times 4/5/09
  11. ^ Number of U.S. Uninsured Census Bureau
  12. ^ a b The Plans from the CPR website
  13. ^ [Congressional Town Hall Meetings] from the CPR website.
  14. ^ [Fox News Coverage on Town Hall Meeting]
  15. ^ Your Guide to Corporate Astroturfing: Lobbyist-Run Groups Orchestrating... from the SEIU website
  16. ^ White House Jumps Into the Battle Over Town Hall Eruptions from The Plum Line
  17. ^ The Town Hall Mob from The New York Times
  18. ^ Activists to Keep Heat on With Health Protests from The New York Times
  19. ^ Activists to Keep Heat on With Health Protests from The New York Times
  20. ^ Socialized Medicine Belittled on Campaign Trail from NPR.
  21. ^ Health Care Realities from The New York Times
  22. ^ New TV Ad Exposes Health Reform Critic’s Shady Past, Health Care for America Now
  23. ^ Dan Eggen (May 11, 2009). "Ex-Hospital CEO Battles Reform Effort". Washington Post. http://www.washingtonpost.com/wp-dyn/content/story/2009/05/10/ST2009051002320.html.
  24. ^ http://www.timesonline.co.uk/tol/news/uk/article6795466.ece
  25. ^ Ad Audit... From Kaiser Health News

[edit] Further reading

[edit] External links



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