Bill Text
111th Congress (2009-2010)
S.391.IS


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{title: 'THOMAS - Bill Text - S.391.IS', link: 'http://thomas.loc.gov/cgi-bin/query/z?c111:S.391.IS:/' }

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S.391 -- Healthy Americans Act (Introduced in Senate - IS)


Beginning
February 5, 2009
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec. 1. Short title; table of contents.
    SEC. 2. FINDINGS.
    SEC. 3. DEFINITIONS.
TITLE I--HEALTHY AMERICANS PRIVATE INSURANCE PLANS
Subtitle A--Guaranteed Private Coverage
    SEC. 101. GUARANTEE OF HEALTHY AMERICANS PRIVATE INSURANCE COVERAGE.
    SEC. 102. INDIVIDUAL RESPONSIBILITY TO ENROLL IN A HEALTHY AMERICANS PRIVATE INSURANCE PLAN.
    SEC. 103. GUARANTEEING YOU CAN KEEP THE COVERAGE YOU HAVE.
Subtitle B--Standards for Healthy Americans Private Insurance Coverage
    SEC. 111. HEALTHY AMERICANS PRIVATE INSURANCE PLANS.
    SEC. 112. SPECIFIC COVERAGE REQUIREMENTS.
    SEC. 113. UPDATING HEALTHY AMERICANS PRIVATE INSURANCE PLAN REQUIREMENTS.
Subtitle C--Eligibility for Premium and Personal Responsibility Contribution Subsidies
    SEC. 121. ELIGIBILITY FOR PREMIUM SUBSIDIES.
    SEC. 122. ELIGIBILITY FOR PERSONAL RESPONSIBILITY CONTRIBUTION SUBSIDIES.
    SEC. 123. DEFINITIONS AND SPECIAL RULES.
Subtitle D--Wellness Programs
    SEC. 131. REQUIREMENTS FOR WELLNESS PROGRAMS.
TITLE II--HEALTHY START FOR CHILDREN
Subtitle A--Benefits and Eligibility
    SEC. 201. GENERAL GOAL AND AUTHORIZATION OF APPROPRIATIONS FOR HAPI PLAN COVERAGE FOR CHILDREN.
    SEC. 202. COORDINATION OF SUPPLEMENTAL COVERAGE UNDER THE MEDICAID PROGRAM WITH HAPI PLAN COVERAGE FOR CHILDREN.
Subtitle B--Service Providers
    SEC. 211. INCLUSION OF PROVIDERS UNDER HAPI PLANS.
    SEC. 212. USE OF, AND GRANTS FOR, SCHOOL-BASED HEALTH CENTERS.
TITLE III--BETTER HEALTH FOR OLDER AND DISABLED AMERICANS
Subtitle A--Assurance of Supplemental Medicaid Coverage
    SEC. 301. COORDINATION OF SUPPLEMENTAL COVERAGE UNDER THE MEDICAID PROGRAM FOR ELDERLY AND DISABLED INDIVIDUALS.
Subtitle B--Empowering Individuals and States To Improve Long-Term Care Choices
    SEC. 311. NEW, AUTOMATIC MEDICAID OPTION FOR STATE CHOICES FOR LONG-TERM CARE PROGRAM.
`STATE CHOICES FOR LONG-TERM CARE PROGRAM
    SEC. 312. SIMPLER AND MORE AFFORDABLE LONG-TERM CARE INSURANCE COVERAGE.
TITLE IV--HEALTHIER MEDICARE
Subtitle A--Authority To Adjust Amount of Part B Premium To Reward Positive Health Behavior
    SEC. 401. AUTHORITY TO ADJUST AMOUNT OF MEDICARE PART B PREMIUM TO REWARD POSITIVE HEALTH BEHAVIOR.
Subtitle B--Promoting Primary Care for Medicare Beneficiaries
    SEC. 411. PRIMARY CARE SERVICES MANAGEMENT PAYMENT.
    `SEC. 1807A. PRIMARY CARE MANAGEMENT PAYMENT FOR COORDINATING CARE.
Subtitle C--Chronic Care Disease Management
    SEC. 421. CHRONIC CARE DISEASE MANAGEMENT.
    `SEC. 1807B. CHRONIC CARE DISEASE MANAGEMENT PROGRAM.
    SEC. 422. CHRONIC CARE EDUCATION CENTERS.
Subtitle D--Part D Improvements
    SEC. 431. PROCESS FOR INDIVIDUALS ENTERING THE MEDICARE COVERAGE GAP TO SWITCH TO A PLAN THAT PROVIDES COVERAGE IN THE GAP.
Subtitle E--Improving Quality in Hospitals for All Patients
    SEC. 441. IMPROVING QUALITY IN HOSPITALS FOR ALL PATIENTS.
Subtitle F--End-of-Life Care Improvements
    SEC. 451. PATIENT EMPOWERMENT AND FOLLOWING A PATIENT'S HEALTH CARE WISHES.
    SEC. 452. PERMITTING HOSPICE BENEFICIARIES TO RECEIVE CURATIVE CARE.
    SEC. 453. PROVIDING BENEFICIARIES WITH INFORMATION REGARDING END-OF-LIFE CARE CLEARINGHOUSE.
    SEC. 454. CLEARINGHOUSE.
Subtitle G--Additional Provisions
    SEC. 461. ADDITIONAL COST INFORMATION.
    SEC. 462. REDUCING MEDICARE PAPERWORK AND REGULATORY BURDENS.
TITLE V--STATE HEALTH HELP AGENCIES
    SEC. 501. ESTABLISHMENT.
    SEC. 502. RESPONSIBILITIES AND AUTHORITIES.
    SEC. 503. APPROPRIATIONS FOR TRANSITION TO STATE HEALTH HELP AGENCIES.
TITLE VI--SHARED RESPONSIBILITIES
Subtitle A--Individual Responsibilities
    SEC. 601. INDIVIDUAL RESPONSIBILITY TO ENSURE HAPI PLAN COVERAGE.
Subtitle B--Employer Responsibilities
    SEC. 611. HEALTH CARE RESPONSIBILITY PAYMENTS.
`CHAPTER 24A--HEALTH CARE RESPONSIBILITY PAYMENTS
`Subchapter A--Employer Shared Responsibility Payments
    `SEC. 3411. PAYMENT REQUIREMENT.
    `SEC. 3412. INSTRUMENTALITIES OF THE UNITED STATES.
`Subchapter B--Individual Shared Responsibility Payments
    `SEC. 3421. AMOUNT OF PAYMENT.
    `SEC. 3422. DEDUCTION OF INDIVIDUAL SHARED RESPONSIBILITY PAYMENT FROM WAGES.
`Subchapter C--General Provisions
    `SEC. 3431. DEFINITIONS AND SPECIAL RULES.
    `SEC. 3432. LABOR CONTRACTS.
`CHAPTER 24A--Health Care Responsibility Payments'.
    SEC. 612. DISTRIBUTION OF INDIVIDUAL RESPONSIBILITY PAYMENTS TO HHAS.
Subtitle C--Insurer Responsibilities
    SEC. 621. INSURER RESPONSIBILITIES.
Subtitle D--State Responsibilities
    SEC. 631. STATE RESPONSIBILITIES.
    SEC. 632. EMPOWERING STATES TO INNOVATE THROUGH WAIVERS.
Subtitle E--Federal Fallback Guarantee Responsibility
    SEC. 641. FEDERAL GUARANTEE OF ACCESS TO COVERAGE.
Subtitle F--Federal Financing Responsibilities
    SEC. 651. APPROPRIATION FOR SUBSIDY PAYMENTS.
    `SEC. 9511. HEALTHY AMERICANS PUBLIC HEALTH TRUST FUND.
PART I--TAX TREATMENT OF HEALTH CARE COVERAGE UNDER HEALTHY AMERICANS PROGRAM
    SEC. 662. EXCLUSION FOR LIMITED EMPLOYER-PROVIDED HEALTH CARE FRINGE BENEFITS.
    SEC. 664. HEALTH CARE STANDARD DEDUCTION.
    SEC. 665. MODIFICATION OF OTHER TAX INCENTIVES TO COMPLEMENT HEALTHY AMERICANS PROGRAM.
    SEC. 671. CLARIFICATION OF ERISA APPLICABILITY TO EMPLOYER-SPONSORED HAPI PLANS.
    SEC. 672. FEDERAL EMPLOYEES HEALTH BENEFITS PLAN.
    `Sec. 8915. Termination
    SEC. 673. MEDICAID AND CHIP.
`TRANSITION TO COVERAGE UNDER HAPI PLANS; REQUIREMENT TO PROVIDE SUPPLEMENTAL COVERAGE; TERMINATION OF UNNECESSARY PROVISIONS
`TERMINATION
TITLE VII--PURCHASING HEALTH SERVICES AND PRODUCTS THAT ARE MOST EFFECTIVE
Subtitle A--Effective Health Services and Products
    SEC. 701. ONE TIME DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND PROMOTIONAL EXPENSES FOR CERTAIN PRESCRIPTION PHARMACEUTICALS.
    `SEC. 280I. ONE TIME DISALLOWANCE OF DEDUCTION FOR CERTAIN PRESCRIPTION PHARMACEUTICALS ADVERTISING AND PROMOTIONAL EXPENSES.
    SEC. 702. ENHANCED NEW DRUG AND DEVICE APPROVAL.
    SEC. 703. MEDICAL SCHOOLS AND FINDING WHAT WORKS IN HEALTH CARE.
    `SEC. 918. MEDICAL SCHOOLS AND FINDING WHAT WORKS IN HEALTH CARE.
    SEC. 704. FINDING AFFORDABLE HEALTH CARE PROVIDERS NEARBY.
Subtitle B--Other Provisions to Improve Health Care Services and Quality
    SEC. 711. INDIVIDUAL MEDICAL RECORDS.
    SEC. 712. BONUS PAYMENT FOR MEDICAL MALPRACTICE REFORM.
    SEC. 713. PRIORITIZING HEALTH CARE EMPLOYMENT AND TRAINING ACTIVITIES.
TITLE VIII--CONTAINING MEDICAL COSTS AND GETTING MORE VALUE FOR THE HEALTH CARE DOLLAR
    SEC. 801. COST-CONTAINMENT RESULTS OF THE HEALTHY AMERICANS ACT.


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