The American Society of Hand Therapists

January, 2004

Government News Center

                                                                       prepared by SmithBucklin   

Meetings & Events      Federal Legislative Tracking       Federal Agencies      State Regulatory Tracking      In The News...

New Items in this

Report

CMS Headlines: Health Care Spending Reaches 1.6 Trillion

State Regulations: Indiana, Iowa, Florida, Florida, Louisiana,  Mississippi, Nebraska, Texas, Washington

News Item: State of the Union

News Item: Putting Arthritis on Hold

News Item: Allergy Medicine; Research Suggests Inverse Relationship between Rheumatoid Arthritis and Rhinitis

News Item: Hand transplant surgery a success; 5 years after operation, New Jersey man demonstrates increased use

News Item: A Study: The Reaching Performance Scale

News Item: Editorial: Health System Must Make Managing Pain a Priority  

Return to Top

On the Calendar

MedPAC

U

P

D

A

T

E

The Medicare Payment Advisory Commission (MedPAC), an independent federal body that advises the United States Congress on issues affecting Medicare, meet January 14-15, 2003. The Commission meets publicly to discuss issues and formulate recommendations to Congress on improving Medicare policies.

MedPAC issues two reports each year, in March and June.  In March, MedPAC released Report to the Congress: Medicare Payment Policy.   In June, the Commission released Report to the Congress: Variation and Innovation in Medicare. 

Recent MedPAC publication: MedPAC comment on the notice of proposed rulemaking entitled Medicare program: payment reform for Part B drugs (October 14, 2003)

A complete meeting summary for the meeting is available here.

Return to Top

Federal Legislation

Federal Legislative Tracking

The House

H.R. 1

H.R. 5

H.R. 18

H.R. 26

H.R. 296

H.R. 792

H.R. 1044

H.R. 1116

H.R. 1124

H.R. 1125

H.R. 1219

H.R. 1709

H.R. 1998

H.R. 2032

H.R. 2085

H.R. 3090

H.R. 3359
 

The Senate

S.1

S. 61

S. 75

S. 80

S. 345

S. 493

S. 569

S. 971

S. 977

S. 1010

S. 1055

S. 1197

S. 1410

 

The House of Representatives

P

A

S

S

E

D

I

N

T

H

E

H

O

U

S

E

&

S

E

N

A

T

E

H.R. 1

Medicare Prescription Drug, Improvement, and Modernization Act of 2003

Introduced: July 25, 2003

Related Bills: S. 1

Medicare Prescription Drug and Modernization Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) under which each individual who is entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is entitled to obtain qualified prescription drug coverage. Authorizes the individual to elect to enroll: (1) in a Medicare Advantage (MA) plan (replacing the current Medicare+Choice plans under Medicare part C (Medicare+Choice)); (2) in an enhanced fee-for-service (EFFS) plan; or (3) in a prescription drug plan (PDP) if the individual is not enrolled in an MA-EFFS plan (a Medicare Advantage plan and an EFFS plan).

Public - Law No: 108 - 173

For complete text of this law, please click here.

Sponsor:

Rep Hastert, J. Dennis

[IL-14]

Status:

11/22/2003:

Passed in the House of Representatives by a voice vote of 220 - 215.

11/25/2003: Passed in the Senate by a voice vote of 54 - 44.

 
12/8/2003: Signed into law by the President, becomes Public - Law No: 108 -173.

P

A

S

S

E

D

I

N

T

H

E

H

O

U

S

E

H.R. 5

Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2003

Introduced: February 5, 2003

Related Bills: S. 507, S. 607

A measure aimed at improving patient access to health care services and providing better medical care by reducing the excessive burden the liability system places on the health care delivery system, principally: healthcare access and costs, interstate commerce, and federal spending.  The measure further contains provisions for encouraging speedy resolution of claims, compensating patient injury, and maximizing patient recovery.

Cosponsors: (128)

For a complete list of co-sponsors, please click here.

To view the voting record of the House Members on H.R. 5, click here.

Sponsor:

Representative Greenwood, James C.

[PA-8]

Status:

3/13/2003:

Passed in the House of Representatives by a recorded vote of 229 - 196 at 3:13 p.m.

3/13/2003: Received in the Senate.

 
3/20/2003: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

 
3/21/2003: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.

N

O

C

H

A

N

G

E

H.R. 18

Medicare Fraud Prevention and Enforcement Act of 2003

Introduced: January 7, 2003

Amends Title XVIII of the Social Security Act to establish additional provisions to combat waste, fraud, and abuse within the Medicare Program, and for other purposes.  Section 2 contains provisions regarding site inspections for DME suppliers, community mental health centers, and other provider groups, outlining the exceptions to the term "applicable provider."

Cosponsors: (1)

 For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Biggert, Judy

[IL-13]

Status:

1/7/2003: Referred to House Ways and Means.

1/16/2003,  referred to the Subcommittee on Health.

1/7/2003: Referred to House Energy and Commerce. 

2/3/2003, referred to the Subcommittee on Health.

1/7/2003: Referred to House Judiciary. 

3/6/2003, referred to the Subcommittee on Crime, Terrorism and Homeland Security.

N

O

C

H

A

N

G

E

H.R. 26

Medicare Payment Restoration and Benefits Improvement Act of 2003

Introduced: January, 7 2003

Amends title XVIII of the Social Security Act to revise and improve payments to providers of services under the Medicare Program, and for other purposes.  Provisions under Section 233 of H.R. 26 include: implementation of a 2-year extension of moratorium on therapy caps; charging the Institute of Medicine of the National Academy of Sciences to identify conditions or diseases that should justify conducting an assessment of the need to waive the therapy; and charging the Comptroller General to conduct a GAO study of patient access to physical therapy services in States authorizing such services without a physician referral and in states requiring physician referral.

Cosponsors: (0)

Sponsor:

Representative

Cardin, Benjamin

[MD-3]

Status:

1/7/2003:  Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

1/7/2003: Referred to House Ways and Means

1/22/2003:  Referred to the Subcommittee on Health.

1/7/2003:  Referred to House Energy and Commerce

2/3/2003:  Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 296

Treatment of Children's Deformities Act of 2003

Introduced: January 8, 2003

Related Bill: S. 977

Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for the treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.  The measure applies amendments to the requirements for reconstructive surgery.

The amendments apply with respect to group health plans for plan years beginning on or after January 1, 2004.

Cosponsors: (56)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Kelly, Sue W.

[NY-19]

Status:

1/8/2003: Referred to House Energy and Commerce

2/3/2003: Referred to the Subcommittee on Health.

1/8/2003: Referred to House Ways and Means

2/3/2003: Referred to the Subcommittee on Health.

1/8/2003: Referred to House Education and the Workforce

2/21/2003: Referred to the Subcommittee on Employer-Employee Relations.

N

O

C

H

A

N

G

E

H.R. 792

Medicare Patient Access to Physical Therapists Act of 2003

Introduced: February 13, 2003

Related Bill: S. 493

Amends Title XVIII of the Social Security Act to give authorization to physical therapists to evaluate and treat Medicare beneficiaries without a requirement for a physician referral. It further clarifies the terms "qualified physical therapist" and "outpatient occupational therapy services," and contains provisions for scope of benefits, payment of benefits, and provider claims procedures.
 

Cosponsors: (131)
For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Crane, Philip M.

 [IL-8]

2/13/2003: Referred to House Energy and Commerce

2/26/2003: Referred to the Subcommittee on Health

2/13/2003: Referred to House Ways and Means

2/26/2003: Referred to the Subcommittee on Health

N

O

C

H

A

N

G

E

H.R. 1044

To establish the Commission on Medical Malpractice Insurance

Introduced: February 27, 2003

A measure to create an 8-member "Commission on Medical Malpractice Insurance," and charge it with the responsibility of investigating the cause of increasing medical malpractice premium rates by U.S. medical malpractice carriers in the last 20-yr. period ending with the date of the enactment of this legislation. The Commission’s primary topics of focus are the investment, accounting and pricing practices of said insurance carriers, and jury awards in medical malpractice cases.

Cosponsors: (1)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Wynn, Albert Russell

[MD-4]
 

2/27/2003: Referred to the House Committee on Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 1116

Medical Malpractice Insurance and Litigation Reform Act

Introduced: March 6, 2003

The measure is aimed at reforming the medical malpractice insurance business.  Its provisions include: a prohibition on anti-competitive activities by medical malpractice insurers; establishing procedural requirements for medical malpractice insurers' proposed rate increases; and establishing a Federal alternative medical malpractice insurance via a so-called "Federal Medical Malpractice Insurance Association."

The measure aims to limit frivolous lawsuits by requiring that all medical malpractice liability action be accompanied by an affidavit of a qualified specialist substantiating there is a reasonable and meritorious cause for the filing of the action against the defendant. It also establishes sanctions for frivolous actions and pleadings.

Cosponsors: (13)
For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Conyers, John, Jr.

[MI-14]
 

3/6/2003: Introductory remarks on measure.

(CR E392-393)

3/6/2003: Referred to House Judiciary.

3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

N

O

C

H

A

N

G

E

A measure aimed at reducing the cost of medical malpractice insurance and enhancing patient access to medical care. It further establishes a statue of limitations for the filing of malpractice lawsuits, as well as limitations on punitive damages; and issues mandates to medical malpractice insurance carriers to reduce premiums paid by physicians to reasonable amounts. Provides for the creation of the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases.
 

Cosponsors: (18)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Dingell, John D.

[MI-15]
 

3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health.

3/6/2003: Referred to House Judiciary Committee.

N

O

C

H

A

N

G

E

Sponsor:

Representative English, Phil

[PA-3]

3/6/2003: Referred to House Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.

3/6/2003: Referred to House Ways and Means.

3/12/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

The measure is intended to reform the medical insurance industry.  Provisions include: instituting qualifications for and limitations on medical malpractice lawsuits; prohibiting anti-competitive activities by medical malpractice insurers; establishing direct assistance to enhance patient access to medical care; and creating the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases.

For a complete list of co-sponsors, please click here.

 

Status:

 

3/12/2003: Referred to House Judiciary.

N

O

C

H

A

N

G

E

H.R. 1709

Stop Taking Our Health Privacy (STOHP) Act of 2003

Introduced: April 10, 2003

Restores the standards to protect the privacy of individually identifiable health information that were weakened in August 2002.  The 2002 modifications to the comprehensive medical privacy regulations were issued by the Department of Health and Human Services in December 2000, as pursuant to the Health Insurance Portability and Accountability Act of 1996.

Among the standards slated for reinstatement are: (1) requirements for health care providers, health plans, and health care clearinghouses to obtain patient consent before using/disclosing patient health information for treatment, payment, or health care operations; (2) the December 2000 definition of 'marketing' to ensure that common conceptions of marketing fall under privacy protections governing marketing activities.

Cosponsors: (20)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Markey, Edward J.

[MA-7]

Status:

4/10/2003: Referred to House Energy and Commerce

4/24/2003: Referred to the Subcommittee on Health.

4/10/2003: Referred to House Ways and Means

4/22/2003: Referred to the Subcommittee on Health.
 

4/10/2003: Referred to House Education and the Workforce

5/2/2003: Referred to the Subcommittee on Employer-Employee Relations.

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 1998

Christopher Reeve Paralysis Act

Introduced: May 7, 2003

Related Bill: S. 1010

Enhances and advocates expanded National Institutes of Health research into paralysis; implements measures to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities.

Cosponsors: (63)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Bilirakis, Michael

[FL-9]

Status:

5/7/2003: Referred to House Energy and Commerce

5/20/2003: Referred to the Subcommittee on Health.
 

5/7/2003: Referred to House Veterans' Affairs

5/21/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 2032

Medicaid Community-Based Attendant Services and Supports Act of 2003

Introduced: May 8, 2003

Related Bill: S. 971

Amends Title XIX of the Social Security Act to provide individuals with disabilities and older Americans with equal access to community-based attendant services and supports.

Cosponsors: (90)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Davis, Danny K.

[IL-7]

Status:

5/8/2003: Referred to the House Committee on Energy and Commerce.

5/20/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 2085

Access to Medical Treatment Act

Introduced: May 14, 2003

As yet, not related to S. 1410

A bill permitting an individual to be treated by a health care practitioner with any method of medical treatment such individual requests.

Cosponsors: (4)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

DeFazio, Peter A

[OR-4]

Status:

5/14/2003: Referred to the House Committee on Energy and Commerce.

5/20/2003:
Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 3090

Medicare Occupational Therapy Coverage Eligibility Act of 2003

Introduced: September 16, 2003

The measure amends Title XVIII of the Social Security Act to expand the eligibility for coverage of home health services under the Medicare Program to include both occupational therapy and speech therapy.

Cosponsors: (0)

Sponsor:

Representative

Andrews, Robert E

[NJ-1]

Status:

9/16/2003: Referred to the House Committee on Ways and Means.

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 3359

Prevention, Awareness, and Research Auto-Immune Disease Act

Introduced: October 27, 2003

The measure is aimed at increasing awareness of and research on such autoimmune diseases as lupus, multiple sclerosis, rheumatoid arthritis, and fibromyalgia.

Cosponsors: (2)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Kennedy, Patrick J.

[RI-1]

Status:

10/21/2003: Referred to the House Committee on Energy and Commerce.

10/27/2003:
Referred to the Subcommittee on Health.

Return to Top of Federal Legislation

The Senate

S. 1

Medicare Prescription Drug, Improvement, and Modernization Act of 2003

Introduced: July 25, 2003

Related Bills: H.R. 1

Medicare Prescription Drug and Modernization Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) under which each individual who is entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is entitled to obtain qualified prescription drug coverage. Authorizes the individual to elect to enroll: (1) in a Medicare Advantage (MA) plan (replacing the current Medicare+Choice plans under Medicare part C (Medicare+Choice)); (2) in an enhanced fee-for-service (EFFS) plan; or (3) in a prescription drug plan (PDP) if the individual is not enrolled in an MA-EFFS plan (a Medicare Advantage plan and an EFFS plan).

Public - Law No: 108 - 173

For complete text of this law, please click here

Sponsor:

Rep Hastert, J. Dennis

[IL-14]

Status:

11/22/2003:

Passed in the House of Representatives by a voice vote of 220 - 215.

11/25/2003: Passed in the Senate by a voice vote of 54 - 44.

 
12/8/2003: Signed into law by the President, becomes Public - Law No: 108 -173.

N

O

C

H

A

N

G

E

S. 61

Physical Therapy and Occupational Therapy Education Act of 2003
 
Introduced: January 7, 2003
 
Provides grants to, and allows the Department of Health and Human Services to enter into contracts with, programs of physical therapy and occupational therapy for the purpose of: planning and implementing projects to recruit and retain faculty and students; develop curriculum; support the distribution of physical therapy and occupational therapy practitioners in underserved areas; or support the continuing development of these professions.

The measure authorizes $3,000,000 for each of the fiscal years 2004 through 2006.
 

Cosponsors: (0)

Sponsor:

Senator

Inouye, Daniel K.

[HI]

Status:

1/7/2003: Introductory remarks on measure.

(CR S60)

1/7/2003: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S60-61)