“Healthcare NOT Nationalized” and H.R. 3400 by Titles
Yesterday, as a portion of my post on “Tort Reform” which is totally absent from the Democrats’ bill—H.R. 3200—I posted Title V—MEDICAL LIABILITY AND UNCOMPENSATED CARE REFORMS along with its sections as an example of the Republican alternative that does deal with tort reform. On Monday, 8/3/09 I posted “Nationalized Healthcare”—H.R. 3200 by Sections. Tonight, I’m posting the Title and sections for the Republican’s H.R. 3400—“Empowering Patients First Act” including Title V once again.
H.R. 3400 by Titles and Sections:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the “Empowering Patients First Act”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—TAX INCENTIVES FOR MAINTAINING HEALTH INSURANCE COVERAGE
Sec. 101. Refundable tax credit for health insurance costs of low-income individuals.
Sec. 102. Advance payment of credit as premium payment for qualified health
insurance.
Sec. 103. Election of tax credit instead of alternative government or group plan
benefits.
Sec. 104. Deduction for qualified health insurance costs of individuals.
Sec. 105. Limitation on abortion funding.
Sec. 106. Non-discrimination on abortion and respect for rights of conscience.
Sec. 107. Equal employer contribution rule to promote choice.
Sec. 108. Limitations on State restrictions on employer auto-enrollment.
Sec. 109. Credit for small employers adopting auto-enrollment and defined contribution
options.
Sec. 110. Require employers to disclose amounts paid for employer-provided health plan coverage.
Sec. 111. HSA modifications and clarifications.
TITLE II—HEALTH INSURANCE POOLING MECHANISMS FOR INDIVIDUALS
Subtitle A—Safety Net for Individuals With Pre-Existing Conditions
Sec. 201. Requiring operation of high-risk pool or other mechanism as condition for availability of tax credit.
Subtitle B—Federal Block Grants for State Insurance Expenditures
Sec. 211. Federal block grants for State insurance expenditures.
Subtitle C—Health Care Access and Availability
Sec. 221. Expansion of access and choice through individual membership associations
(IMAs).
Subtitle D—Small Business Health Fairness
Sec. 231. Short title.
Sec. 232. Rules governing association health plans.
Sec. 233. Clarification of treatment of single employer arrangements.
Sec. 234. Enforcement provisions relating to association health plans.
Sec. 235. Cooperation between Federal and State authorities.
Sec. 236. Effective date and transitional and other rules.
TITLE III—INTERSTATE MARKET FOR HEALTH INSURANCE
Sec. 301. Cooperative governing of individual health insurance coverage.
TITLE IV—SAFETY NET REFORMS
Sec. 401. Requiring outreach and coverage before expansion of eligibility.
Sec. 402. Easing administrative barriers to State cooperation with employer sponsored insurance coverage.
Sec. 403. Improving beneficiary choice in SCHIP.
Sec. 404. Liability protections for health center volunteer practitioners.
Sec. 405. Liability protections for health center practitioners providing services in emergency areas.
TITLE V—MEDICAL LIABILITY AND UNCOMPENSATED CARE
REFORMS
Sec. 501. Short title.
Sec. 502. Findings and purpose.
Sec. 503. Encouraging speedy resolution of claims.
Sec. 504. Compensating patient injury.
Sec. 505. Maximizing patient recovery.
Sec. 506. Additional health benefits.
Sec. 507. Punitive damages.
Sec. 508. Authorization of payment of future damages to claimants in health care lawsuits.
Sec. 509. Definitions.
Sec. 510. Effect on other laws.
Sec. 511. State flexibility and protection of states’ rights.
Sec. 512. Applicability; effective date.
Sec. 513. Sense of Congress.
Sec. 514. State grants to create administrative health care tribunals.
Sec. 515. Affirmative defense based on compliance with best practice guidelines.
Sec. 516. Bad debt deduction for doctors to partially offset the cost of providing uncompensated care required to be provided under amendments made by the Emergency Medical Treatment and Labor Act.
TITLE VI—WELLNESS AND PREVENTION
Sec. 601. Providing financial incentives for treatment compliance.
TITLE VII—TRANSPARENCY AND INSURANCE REFORM MEASURES
Sec. 701. Receipt and response to requests for claim information.
TITLE VIII—QUALITY
Sec. 801. Prohibition on certain uses of data obtained from comparative effectiveness
research; accounting for personalized medicine and differences in patient treatment response.
Sec. 802. Establishment of performance-based quality measures.
TITLE IX—STATE TRANSPARENCY PLAN PORTAL
Sec. 901. Providing information on health coverage options and health care providers.
TITLE X—PHYSICIAN PAYMENT REFORM
Sec. 1001. Sustainable growth rate reform.
TITLE XI—INCENTIVES TO REDUCE PHYSICIAN SHORTAGES
Subtitle A—Federally-Supported Student Loan Funds for Medical Students
Sec. 1101. Federally-Supported Student Loan Funds for Medical Students.
Subtitle B—Loan Forgiveness for Primary Care Providers
Sec. 1111. Loan forgiveness for primary care providers.
TITLE XII—OFFSET
Subtitle A—Enforcing Discretionary Spending Limits
Sec. 1201. Enforcing discretionary spending limits.
Subtitle B—Repeal of Unused Stimulus Funds
Sec. 1211. Rescission and repeal in ARRA.
Subtitle C—Savings From Health Care Efficiencies
Sec. 1221. Medicare DSH report and payment adjustments in response to coverage
expansion.
Sec. 1222. Reduction in Medicaid DSH.
Subtitle D—Fraud, Waste, and Abuse
Sec. 1231. Provide adequate funding to HHS OIG and HCFAC.
Sec. 1232. Improved enforcement of the Medicare secondary payor provisions.
Sec. 1233. Strengthen Medicare provider enrollment standards and safeguards.
Sec. 1234. Tracking banned providers across State lines.
Sec. 1235. Reinstate the Medicare trigger.”
Notice, as I did, that in Title I, beginning on page 21, the Republican version deals specifically with the MURDER of unborn babies.
“Sec. 105. Limitation on abortion funding.
Sec. 106. Non-discrimination on abortion and respect for rights of conscience.”
“SEC. 105. LIMITATION ON ABORTION FUNDING.
No funds authorized under this Act (or any amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of forcible rape or incest.
SEC. 106. NON-DISCRIMINATION ON ABORTION AND RESPECT FOR RIGHTS OF CONSCIENCE.
(a) NON-DISCRIMINATION.—A Federal agency or program, and any State or local government that receives Federal financial assistance, may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(b) DEFINITION.—In this section, the term ‘health care entity’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
(c) ADMINISTRATION.—The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section, and coordinate the investigation of such complaints.
(d) CONSCIENTIOUS OBJECTION.—Nothing in this Act shall be construed as forbidding a health plan or health insurance issuer to accommodate the conscientious objection of a purchaser or an individual or institutional health care provider when a procedure is contrary to the religious beliefs or moral convictions of such purchaser or provider.”
Compare the above Section 105 with the amendment of the amendment proposed by the Republicans in the House Energy and Commerce Committee that was originally passed and then defeated. (see my post of Monday, 8/18/09 Healthcare and MURDER—the Waxman revote on the Pitts Amendment)
“1 SEC. lll. LIMITATION ON ABORTION MANDATES.
No provision of this Act (or an amendment made by this Act) shall impose, or shall be construed to impose, any requirement for coverage of abortion, or access to abortion, or to authorize or permit the recommendation for, or imposition of, any such requirement by or through the Health Benefits Advisory Committee, the Secretary of Health and Human Services, the Health Choices Commissioner, or any other government or quasi-government entity, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of forcible rape or incest.”
As I wrote at that time, “The argument will be heard that nothing in the bill specifically allows the MURDER of unborn babies. This is true. It is also TRUE that, if it is not intended to occur, then there is no reason to VOTE AGAINST the Pitts Amendment. The vote against the Pitts Amendment is an admission that the Democrats fully expect the MURDER of unborn babies to be allowed after the passage of the bill. After all, major supporters and campaign workers for Democrats ARE people and organizations that promote, benefit from, and profit from the MURDER of unborn babies. Rest assured, if the Pitts Amendment or something similar is not added to the bill, the MURDER of unborn babies WILL be ALLOWED! It is pay back to their MURDERING supporters!
Barack Hussein Obama supports the MURDER of unborn babies. The Democratic Party, in general, supports the MURDER of unborn babies. And an out-of-control Supreme Court has immorally “legalized” the MURDER of unborn babies. If the bill is passed, MURDER WILL happen if NOT SPECIFICALLY PREVENTED!!!”
If the Democratic proposals are passed into law, we will eventually have healthcare nationalized. If the Republican proposals are passed into law, there is a real chance of actual reform WITHOUT nationalization. Which would you support? Do the Democrats actually want to “compromise” or do they want to NATIONALIZE? They won’t even recognize or admit that there are Republican alternatives. Just ask Representative Phil Hare of the 17th District of Illinois!
Yesterday, as a portion of my post on “Tort Reform” which is totally absent from the Democrats’ bill—H.R. 3200—I posted Title V—MEDICAL LIABILITY AND UNCOMPENSATED CARE REFORMS along with its sections as an example of the Republican alternative that does deal with tort reform. On Monday, 8/3/09 I posted “Nationalized Healthcare”—H.R. 3200 by Sections. Tonight, I’m posting the Title and sections for the Republican’s H.R. 3400—“Empowering Patients First Act” including Title V once again.
H.R. 3400 by Titles and Sections:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the “Empowering Patients First Act”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—TAX INCENTIVES FOR MAINTAINING HEALTH INSURANCE COVERAGE
Sec. 101. Refundable tax credit for health insurance costs of low-income individuals.
Sec. 102. Advance payment of credit as premium payment for qualified health
insurance.
Sec. 103. Election of tax credit instead of alternative government or group plan
benefits.
Sec. 104. Deduction for qualified health insurance costs of individuals.
Sec. 105. Limitation on abortion funding.
Sec. 106. Non-discrimination on abortion and respect for rights of conscience.
Sec. 107. Equal employer contribution rule to promote choice.
Sec. 108. Limitations on State restrictions on employer auto-enrollment.
Sec. 109. Credit for small employers adopting auto-enrollment and defined contribution
options.
Sec. 110. Require employers to disclose amounts paid for employer-provided health plan coverage.
Sec. 111. HSA modifications and clarifications.
TITLE II—HEALTH INSURANCE POOLING MECHANISMS FOR INDIVIDUALS
Subtitle A—Safety Net for Individuals With Pre-Existing Conditions
Sec. 201. Requiring operation of high-risk pool or other mechanism as condition for availability of tax credit.
Subtitle B—Federal Block Grants for State Insurance Expenditures
Sec. 211. Federal block grants for State insurance expenditures.
Subtitle C—Health Care Access and Availability
Sec. 221. Expansion of access and choice through individual membership associations
(IMAs).
Subtitle D—Small Business Health Fairness
Sec. 231. Short title.
Sec. 232. Rules governing association health plans.
Sec. 233. Clarification of treatment of single employer arrangements.
Sec. 234. Enforcement provisions relating to association health plans.
Sec. 235. Cooperation between Federal and State authorities.
Sec. 236. Effective date and transitional and other rules.
TITLE III—INTERSTATE MARKET FOR HEALTH INSURANCE
Sec. 301. Cooperative governing of individual health insurance coverage.
TITLE IV—SAFETY NET REFORMS
Sec. 401. Requiring outreach and coverage before expansion of eligibility.
Sec. 402. Easing administrative barriers to State cooperation with employer sponsored insurance coverage.
Sec. 403. Improving beneficiary choice in SCHIP.
Sec. 404. Liability protections for health center volunteer practitioners.
Sec. 405. Liability protections for health center practitioners providing services in emergency areas.
TITLE V—MEDICAL LIABILITY AND UNCOMPENSATED CARE
REFORMS
Sec. 501. Short title.
Sec. 502. Findings and purpose.
Sec. 503. Encouraging speedy resolution of claims.
Sec. 504. Compensating patient injury.
Sec. 505. Maximizing patient recovery.
Sec. 506. Additional health benefits.
Sec. 507. Punitive damages.
Sec. 508. Authorization of payment of future damages to claimants in health care lawsuits.
Sec. 509. Definitions.
Sec. 510. Effect on other laws.
Sec. 511. State flexibility and protection of states’ rights.
Sec. 512. Applicability; effective date.
Sec. 513. Sense of Congress.
Sec. 514. State grants to create administrative health care tribunals.
Sec. 515. Affirmative defense based on compliance with best practice guidelines.
Sec. 516. Bad debt deduction for doctors to partially offset the cost of providing uncompensated care required to be provided under amendments made by the Emergency Medical Treatment and Labor Act.
TITLE VI—WELLNESS AND PREVENTION
Sec. 601. Providing financial incentives for treatment compliance.
TITLE VII—TRANSPARENCY AND INSURANCE REFORM MEASURES
Sec. 701. Receipt and response to requests for claim information.
TITLE VIII—QUALITY
Sec. 801. Prohibition on certain uses of data obtained from comparative effectiveness
research; accounting for personalized medicine and differences in patient treatment response.
Sec. 802. Establishment of performance-based quality measures.
TITLE IX—STATE TRANSPARENCY PLAN PORTAL
Sec. 901. Providing information on health coverage options and health care providers.
TITLE X—PHYSICIAN PAYMENT REFORM
Sec. 1001. Sustainable growth rate reform.
TITLE XI—INCENTIVES TO REDUCE PHYSICIAN SHORTAGES
Subtitle A—Federally-Supported Student Loan Funds for Medical Students
Sec. 1101. Federally-Supported Student Loan Funds for Medical Students.
Subtitle B—Loan Forgiveness for Primary Care Providers
Sec. 1111. Loan forgiveness for primary care providers.
TITLE XII—OFFSET
Subtitle A—Enforcing Discretionary Spending Limits
Sec. 1201. Enforcing discretionary spending limits.
Subtitle B—Repeal of Unused Stimulus Funds
Sec. 1211. Rescission and repeal in ARRA.
Subtitle C—Savings From Health Care Efficiencies
Sec. 1221. Medicare DSH report and payment adjustments in response to coverage
expansion.
Sec. 1222. Reduction in Medicaid DSH.
Subtitle D—Fraud, Waste, and Abuse
Sec. 1231. Provide adequate funding to HHS OIG and HCFAC.
Sec. 1232. Improved enforcement of the Medicare secondary payor provisions.
Sec. 1233. Strengthen Medicare provider enrollment standards and safeguards.
Sec. 1234. Tracking banned providers across State lines.
Sec. 1235. Reinstate the Medicare trigger.”
Notice, as I did, that in Title I, beginning on page 21, the Republican version deals specifically with the MURDER of unborn babies.
“Sec. 105. Limitation on abortion funding.
Sec. 106. Non-discrimination on abortion and respect for rights of conscience.”
“SEC. 105. LIMITATION ON ABORTION FUNDING.
No funds authorized under this Act (or any amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of forcible rape or incest.
SEC. 106. NON-DISCRIMINATION ON ABORTION AND RESPECT FOR RIGHTS OF CONSCIENCE.
(a) NON-DISCRIMINATION.—A Federal agency or program, and any State or local government that receives Federal financial assistance, may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(b) DEFINITION.—In this section, the term ‘health care entity’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
(c) ADMINISTRATION.—The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section, and coordinate the investigation of such complaints.
(d) CONSCIENTIOUS OBJECTION.—Nothing in this Act shall be construed as forbidding a health plan or health insurance issuer to accommodate the conscientious objection of a purchaser or an individual or institutional health care provider when a procedure is contrary to the religious beliefs or moral convictions of such purchaser or provider.”
Compare the above Section 105 with the amendment of the amendment proposed by the Republicans in the House Energy and Commerce Committee that was originally passed and then defeated. (see my post of Monday, 8/18/09 Healthcare and MURDER—the Waxman revote on the Pitts Amendment)
“1 SEC. lll. LIMITATION ON ABORTION MANDATES.
No provision of this Act (or an amendment made by this Act) shall impose, or shall be construed to impose, any requirement for coverage of abortion, or access to abortion, or to authorize or permit the recommendation for, or imposition of, any such requirement by or through the Health Benefits Advisory Committee, the Secretary of Health and Human Services, the Health Choices Commissioner, or any other government or quasi-government entity, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of forcible rape or incest.”
As I wrote at that time, “The argument will be heard that nothing in the bill specifically allows the MURDER of unborn babies. This is true. It is also TRUE that, if it is not intended to occur, then there is no reason to VOTE AGAINST the Pitts Amendment. The vote against the Pitts Amendment is an admission that the Democrats fully expect the MURDER of unborn babies to be allowed after the passage of the bill. After all, major supporters and campaign workers for Democrats ARE people and organizations that promote, benefit from, and profit from the MURDER of unborn babies. Rest assured, if the Pitts Amendment or something similar is not added to the bill, the MURDER of unborn babies WILL be ALLOWED! It is pay back to their MURDERING supporters!
Barack Hussein Obama supports the MURDER of unborn babies. The Democratic Party, in general, supports the MURDER of unborn babies. And an out-of-control Supreme Court has immorally “legalized” the MURDER of unborn babies. If the bill is passed, MURDER WILL happen if NOT SPECIFICALLY PREVENTED!!!”
If the Democratic proposals are passed into law, we will eventually have healthcare nationalized. If the Republican proposals are passed into law, there is a real chance of actual reform WITHOUT nationalization. Which would you support? Do the Democrats actually want to “compromise” or do they want to NATIONALIZE? They won’t even recognize or admit that there are Republican alternatives. Just ask Representative Phil Hare of the 17th District of Illinois!
posted by Christian Gunslinger at 4:52 AM
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