HR 1200

112th CONGRESS
1st Session

H. R. 1200

To provide for health care for every American and to control the cost and enhance the quality of the health care system.

IN THE HOUSE OF REPRESENTATIVES

March 17, 2011

Mr. MCDERMOTT introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Oversight and Government Reform, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide for health care for every American and to control the cost and enhance the quality of the health care system.

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS; SENSE OF THE HOUSE OF REPRESENTATIVES.

SEC. 3. TABLE OF CONTENTS.

TITLE I--ESTABLISHMENT OF A STATE-BASED AMERICAN HEALTH SECURITY PROGRAM; UNIVERSAL ENTITLEMENT; ENROLLMENT

TITLE II--COMPREHENSIVE BENEFITS, INCLUDING PREVENTIVE BENEFITS AND BENEFITS FOR LONG-TERM CARE

TITLE III--PROVIDER PARTICIPATION

TITLE IV--ADMINISTRATION

Subtitle A--General Administrative Provisions

Subtitle B--Control Over Fraud and Abuse

TITLE V--QUALITY ASSESSMENT

TITLE VI--HEALTH SECURITY BUDGET; PAYMENTS; COST CONTAINMENT MEASURES

Subtitle A--Budgeting and Payments to States

Subtitle B--Payments by States to Providers

Subtitle C--Mandatory Assignment and Administrative Provisions

TITLE VII--PROMOTION OF PRIMARY HEALTH CARE; DEVELOPMENT OF HEALTH SERVICE CAPACITY; PROGRAMS TO ASSIST THE MEDICALLY UNDERSERVED

Subtitle A--Promotion and Expansion of Primary Care Professional Training

Subtitle B--Direct Health Care Delivery

Subtitle C--Primary Care and Outcomes Research

Subtitle D--School-Related Health Services

TITLE VIII--FINANCING PROVISIONS; AMERICAN HEALTH SECURITY TRUST FUND

Subtitle A--American Health Security Trust Fund

Subtitle B--Taxes Based on Income and Wages

Subtitle C--Other Financing Provisions

TITLE IX--CONFORMING AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

TITLE X--ADDITIONAL CONFORMING AMENDMENTS

TITLE I--ESTABLISHMENT OF A STATE-BASED AMERICAN HEALTH SECURITY PROGRAM; UNIVERSAL ENTITLEMENT; ENROLLMENT

SEC. 101. ESTABLISHMENT OF A STATE-BASED AMERICAN HEALTH SECURITY PROGRAM.

SEC. 102. UNIVERSAL ENTITLEMENT.

SEC. 103. ENROLLMENT.

SEC. 104. PORTABILITY OF BENEFITS.

SEC. 105. EFFECTIVE DATE OF BENEFITS.

SEC. 106. RELATIONSHIP TO EXISTING FEDERAL HEALTH PROGRAMS.

SEC. 107. REPEAL OF PROVISIONS RELATED TO THE STATE EXCHANGES.

TITLE II--COMPREHENSIVE BENEFITS, INCLUDING PREVENTIVE BENEFITS AND BENEFITS FOR LONG-TERM CARE

SEC. 201. COMPREHENSIVE BENEFITS.

SEC. 202. DEFINITIONS RELATING TO SERVICES.

SEC. 203. SPECIAL RULES FOR HOME AND COMMUNITY-BASED LONG-TERM CARE SERVICES.

SEC. 204. EXCLUSIONS AND LIMITATIONS.

SEC. 205. CERTIFICATION; QUALITY REVIEW; PLANS OF CARE.

TITLE III--PROVIDER PARTICIPATION

SEC. 301. PROVIDER PARTICIPATION AND STANDARDS.

SEC. 302. QUALIFICATIONS FOR PROVIDERS.

SEC. 303. QUALIFICATIONS FOR COMPREHENSIVE HEALTH SERVICE ORGANIZATIONS.

SEC. 304. LIMITATION ON CERTAIN PHYSICIAN REFERRALS.

TITLE IV--ADMINISTRATION

Subtitle A--General Administrative Provisions

SEC. 401. AMERICAN HEALTH SECURITY STANDARDS BOARD.

`SPECIAL PROVISIONS CONCERNING AMERICAN HEALTH SECURITY STANDARDS BOARD

SEC. 402. AMERICAN HEALTH SECURITY ADVISORY COUNCIL.

SEC. 403. CONSULTATION WITH PRIVATE ENTITIES.

SEC. 404. STATE HEALTH SECURITY PROGRAMS.

SEC. 405. COMPLEMENTARY CONDUCT OF RELATED HEALTH PROGRAMS.

Subtitle B--Control Over Fraud and Abuse

SEC. 411. APPLICATION OF FEDERAL SANCTIONS TO ALL FRAUD AND ABUSE UNDER AMERICAN HEALTH SECURITY PROGRAM.

SEC. 412. REQUIREMENTS FOR OPERATION OF STATE HEALTH CARE FRAUD AND ABUSE CONTROL UNITS.

TITLE V--QUALITY ASSESSMENT

SEC. 501. AMERICAN HEALTH SECURITY QUALITY COUNCIL.

SEC. 502. DEVELOPMENT OF CERTAIN METHODOLOGIES, GUIDELINES, AND STANDARDS.

SEC. 503. STATE QUALITY REVIEW PROGRAMS.

SEC. 504. ELIMINATION OF UTILIZATION REVIEW PROGRAMS; TRANSITION.

TITLE VI--HEALTH SECURITY BUDGET; PAYMENTS; COST CONTAINMENT MEASURES

Subtitle A--Budgeting and Payments to States

SEC. 601. NATIONAL HEALTH SECURITY BUDGET.

SEC. 602. COMPUTATION OF INDIVIDUAL AND STATE CAPITATION AMOUNTS.

SEC. 603. STATE HEALTH SECURITY BUDGETS.

SEC. 604. FEDERAL PAYMENTS TO STATES.

SEC. 605. ACCOUNT FOR HEALTH PROFESSIONAL EDUCATION EXPENDITURES.

Subtitle B--Payments by States to Providers

SEC. 611. PAYMENTS TO HOSPITALS AND OTHER FACILITY-BASED SERVICES FOR OPERATING EXPENSES ON THE BASIS OF APPROVED GLOBAL BUDGETS.

SEC. 612. PAYMENTS TO HEALTH CARE PRACTITIONERS BASED ON PROSPECTIVE FEE SCHEDULE.

SEC. 613. PAYMENTS TO COMPREHENSIVE HEALTH SERVICE ORGANIZATIONS.

SEC. 614. PAYMENTS FOR COMMUNITY-BASED PRIMARY HEALTH SERVICES.

SEC. 615. PAYMENTS FOR PRESCRIPTION DRUGS.

SEC. 616. PAYMENTS FOR APPROVED DEVICES AND EQUIPMENT.

SEC. 617. PAYMENTS FOR OTHER ITEMS AND SERVICES.

SEC. 618. PAYMENT INCENTIVES FOR MEDICALLY UNDERSERVED AREAS.

SEC. 619. AUTHORITY FOR ALTERNATIVE PAYMENT METHODOLOGIES.

Subtitle C--Mandatory Assignment and Administrative Provisions

SEC. 631. MANDATORY ASSIGNMENT.

SEC. 632. PROCEDURES FOR REIMBURSEMENT; APPEALS.

TITLE VII--PROMOTION OF PRIMARY HEALTH CARE; DEVELOPMENT OF HEALTH SERVICE CAPACITY; PROGRAMS TO ASSIST THE MEDICALLY UNDERSERVED

Subtitle A--Promotion and Expansion of Primary Care Professional Training

SEC. 701. ROLE OF BOARD; ESTABLISHMENT OF PRIMARY CARE PROFESSIONAL OUTPUT GOALS.

SEC. 702. ESTABLISHMENT OF ADVISORY COMMITTEE ON HEALTH PROFESSIONAL EDUCATION.

SEC. 703. GRANTS FOR HEALTH PROFESSIONS EDUCATION, NURSE EDUCATION, AND THE NATIONAL HEALTH SERVICE CORPS.

Subtitle B--Direct Health Care Delivery

SEC. 711. SET-ASIDE FOR PUBLIC HEALTH.

SEC. 712. SET-ASIDE FOR PRIMARY HEALTH CARE DELIVERY.

SEC. 713. PRIMARY CARE SERVICE EXPANSION GRANTS.

`Subpart XIII--Primary Care Expansion

`SEC. 340J. EXPANDING PRIMARY CARE DELIVERY CAPACITY IN URBAN AND RURAL AREAS.

Subtitle C--Primary Care and Outcomes Research

SEC. 721. SET-ASIDE FOR OUTCOMES RESEARCH.

SEC. 722. OFFICE OF PRIMARY CARE AND PREVENTION RESEARCH.

`PART G--RESEARCH ON PRIMARY CARE AND PREVENTION

`SEC. 486E. OFFICE OF PRIMARY CARE AND PREVENTION RESEARCH.

`SEC. 486F. NATIONAL DATA SYSTEM AND CLEARINGHOUSE ON PRIMARY CARE AND PREVENTION RESEARCH.

`SEC. 486G. BIENNIAL REPORT.

`SEC. 486H. AUTHORIZATION OF APPROPRIATIONS.

Subtitle D--School-Related Health Services

SEC. 731. AUTHORIZATIONS OF APPROPRIATIONS.

SEC. 732. ELIGIBILITY FOR DEVELOPMENT AND OPERATION GRANTS.

SEC. 733. PREFERENCES.

SEC. 734. GRANTS FOR DEVELOPMENT OF PROJECTS.

SEC. 735. GRANTS FOR OPERATION OF PROJECTS.

SEC. 736. FEDERAL ADMINISTRATIVE COSTS.

SEC. 737. DEFINITIONS.

TITLE VIII--FINANCING PROVISIONS; AMERICAN HEALTH SECURITY TRUST FUND

SEC. 800. AMENDMENT OF 1986 CODE; SECTION 15 NOT TO APPLY.

Subtitle A--American Health Security Trust Fund

SEC. 801. AMERICAN HEALTH SECURITY TRUST FUND.

Subtitle B--Taxes Based on Income and Wages

SEC. 811. PAYROLL TAX ON EMPLOYERS.

SEC. 812. HEALTH CARE INCOME TAX.

`PART VIII--HEALTH CARE RELATED TAXES

`subpart a- health care income tax on individuals

`Subpart A--Health Care Income Tax on Individuals

`SEC. 59B. HEALTH CARE INCOME TAX.

`If taxable income is:

The tax is:

Not over $250,000


2.2% of taxable income.

Over $250,000 but not over $400,000


$5,500, plus 3.2% of the excess over $250,000.

Over $400,000 but not over $600,000


$10,300, plus 4.2% of the excess over $400,000.

Over $600,000


$18,700, plus 5.2% of the excess over $600,000.

`If taxable income is:

The tax is:

Not over $200,000


2.2% of taxable income.

Over $200,000 but not over $400,000


$4,400, plus 3.2% of the excess over $200,000.

Over $400,000 but not over $600,000


$10,800, plus 4.2% of the excess over $400,000.

Over $600,000


$19,200, plus 5.2% of the excess over $600,000.

`Part VIII--Health Care Related Taxes'.

SEC. 813. 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'.

Subtitle C--Other Financing Provisions

SEC. 821. TAX ON SECURITIES TRANSACTIONS.

`Subchapter C--Tax on Securities Transactions

`SEC. 4475. TAX ON SECURITIES TRANSACTIONS.

`SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES.

`SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS.

TITLE IX--CONFORMING AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

SEC. 901. ERISA INAPPLICABLE TO HEALTH COVERAGE ARRANGEMENTS UNDER STATE HEALTH SECURITY PROGRAMS.

SEC. 902. EXEMPTION OF STATE HEALTH SECURITY PROGRAMS FROM ERISA PREEMPTION.

SEC. 903. PROHIBITION OF EMPLOYEE BENEFITS DUPLICATIVE OF BENEFITS UNDER STATE HEALTH SECURITY PROGRAMS; COORDINATION IN CASE OF WORKERS' COMPENSATION.

`PROHIBITION OF EMPLOYEE BENEFITS DUPLICATIVE OF STATE HEALTH SECURITY PROGRAM BENEFITS; COORDINATION IN CASE OF WORKERS' COMPENSATION

SEC. 904. REPEAL OF CONTINUATION COVERAGE REQUIREMENTS UNDER ERISA AND CERTAIN OTHER REQUIREMENTS RELATING TO GROUP HEALTH PLANS.

SEC. 905. EFFECTIVE DATE OF TITLE.

TITLE X--ADDITIONAL CONFORMING AMENDMENTS

SEC. 1001. REPEAL OF CERTAIN PROVISIONS IN INTERNAL REVENUE CODE OF 1986.

SEC. 1002. REPEAL OF CERTAIN PROVISIONS IN THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

SEC. 1003. REPEAL OF CERTAIN PROVISIONS IN THE PUBLIC HEALTH SERVICE ACT AND RELATED PROVISIONS.

SEC. 1004. EFFECTIVE DATE OF TITLE.

END