I

106TH CONGRESS

1ST SESSION H. R. 2042

To establish a Commission on health policy for employer-sponsored health

plans.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1999

Mr. UPTON introduced the following bill; which was referred to the Committee

on Education and the Workforce

A BILL

To establish a Commission on health policy for employersponsored health plans.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Health Care Access,

5 Affordability, and Quality Advisory Commission Act of

6 1999’’.

7 SEC. 2. ESTABLISHMENT OF COMMISSION.

8 Part 5 of the Employee Retirement Income Security

9 Act of 1974 is amended by adding at the end the following

10 new section:
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1 ‘‘SEC. 518. HEALTH POLICY COMMISSION.

2 ‘‘(a) ESTABLISHMENT.—There is hereby established

3 a commission to be known as the Health Care Access, Af4 fordability, and Quality Commission (hereinafter in this

5 Act referred to as the ‘‘Commission’’).

6 ‘‘(b) DUTIES OF COMMISSION.—The duties of the

7 Commission shall be as follows:

8 ‘‘(1) ESTABLISHMENT OF MODEL GUIDE9 LINES.—Based on information gathered by appro10 priate Federal agencies, advisory groups, and other

11 appropriate sources for health care information,

12 studies, and data, the Commission shall establish

13 model guidelines in each of the following areas:

14 ‘‘(A) Independent expert external review

15 programs.

16 ‘‘(B) Consumer friendly information pro17 grams.

18 ‘‘(C) Systems for measuring patient satis19 faction and patient outcomes.

20 ‘‘(D) Systems to ensure the timely proc21 essing of claims.

22 ‘‘(2) EVALUATION OF HEALTH BENEFITS MAN23 DATES.—At the request of the chairmen or ranking

24 minority members of the appropriate committees of

25 Congress, the Commission shall evaluate, taking into
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1 consideration the overall cost effect, availability of

2 treatment, and the effect on the health of the gen3 eral population, existing and proposed benefit re4 quirements for group health plans.

5 ‘‘(3) COMMENTS ON CERTAIN SECRETARIAL RE6 PORTS.—If the Secretary submits to Congress (or a

7 committee of Congress) a report that is required by

8 law and that relates to policies under this section,

9 the Secretary shall transmit a copy of the report to

10 the Commission. The Commission shall review the

11 report and, not later than 6 months after the date

12 of submittal of the Secretary’s report to Congress,

13 shall submit to the appropriate committees of Con14 gress written comments on such report. Such com15 ments may include such recommendations as the

16 Commission deems appropriate.

17 ‘‘(4) AGENDA AND ADDITIONAL REVIEW.—The

18 Commission shall consult periodically with the chair19 men and ranking minority members of the appro20 priate committees of Congress regarding the Com21 mission’s agenda and progress toward achieving the

22 agenda. The Commission may conduct additional re23 views, and submit additional reports to the appro24 priate committees of Congress, from time to time on

25 such topics as may be requested by such chairmen
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1 and members and as the Commission deems appro2 priate.

3 ‘‘(5) AVAILABILITY OF REPORTS.—The Com4 mission shall transmit to the Secretary a copy of

5 each report submitted under this subsection and

6 shall make such reports available to the public.

7 ‘‘(c) MEMBERSHIP.—

8 ‘‘(1) NUMBER AND APPOINTMENT.—The Com9 mission shall be composed of 11 members appointed

10 by the Comptroller General.

11 ‘‘(2) QUALIFICATIONS.—

12 ‘‘(A) IN GENERAL.—The membership of

13 the Commission shall include—

14 ‘‘(i) physicians and other health pro15 fessionals;

16 ‘‘(ii) representatives of employers, in17 cluding multiemployer plans;

18 ‘‘(ii) representatives of insured em19 ployees;

20 ‘‘(iv) third-party payers; and

21 ‘‘(v) health services and health eco22 nomics researchers with expertise in out23 comes and effectiveness research and tech24 nology assessment.
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1 ‘‘(B) ETHICAL DISCLOSURE.—The Comp2 troller General shall establish a system for pub3 lic disclosure by members of the Commission of

4 financial and other potential conflicts of interest

5 relating to such members.

6 ‘‘(3) TERMS.—

7 ‘‘(A) IN GENERAL.—Each member shall be

8 appointed for a term of 3 years, except that the

9 Comptroller shall designate staggered terms for

10 the members first appointed.

11 ‘‘(B) VACANCIES.—Any member appointed

12 to fill a vacancy occurring before the expiration

13 of the term for which the member’s predecessor

14 was appointed shall be appointed only for the

15 remainder of that term. A member may serve

16 after the expiration of that member’s term until

17 a successor has taken office. A vacancy in the

18 Commission shall be filled in the manner in

19 which the original appointment was made.

20 ‘‘(4) BASIC PAY.—

21 ‘‘(A) RATES OF PAY.—Except as provided

22 in subparagraph (B), members shall each be

23 paid at a rate equal to the rate of basic pay

24 payable for level IV of the Executive Schedule

25 for each day (including travel time) during
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1 which they are engaged in the actual perform2 ance of duties vested in the Commission.

3 ‘‘(B) PROHIBITION OF COMPENSATION OF

4 FEDERAL EMPLOYEES.—Members of the Com5 mission who are full-time officers or employees

6 of the United States (or Members of Congress)

7 may not receive additional pay, allowances, or

8 benefits by reason of their service on the Com9 mission.

10 ‘‘(5) TRAVEL EXPENSES.—Each member shall

11 receive travel expenses, including per diem in lieu of

12 subsistence, in accordance with sections 5702 and

13 5703 of title 5, United States Code.

14 ‘‘(6) CHAIRPERSON.—The Chairperson of the

15 Commission shall be designated by the Comptroller

16 at the time of the appointment. The term of office

17 of the Chairperson shall be 3 years.

18 ‘‘(7) MEETINGS.—The Commission shall meet 4

19 times each year.

20 ‘‘(d) DIRECTOR AND STAFF OF COMMISSION.—

21 ‘‘(1) DIRECTOR.—The Commission shall have a

22 Director who shall be appointed by the Chairperson.

23 The Director shall be paid at a rate not to exceed

24 the maximum rate of basic pay payable for GS–13

25 of the General Schedule.
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1 ‘‘(2) STAFF.—The Director may appoint 2 ad2 ditional staff members.

3 ‘‘(3) APPLICABILITY OF CERTAIN CIVIL SERV4 ICE LAWS.—The Director and staff of the Commis5 sion shall be appointed subject to the provisions of

6 title 5, United States Code, governing appointments

7 in the competitive service, and shall be paid in ac8 cordance with the provisions of chapter 51 and sub9 chapter III of chapter 53 of that title relating to

10 classification and General Schedule pay rates.

11 ‘‘(e) POWERS OF COMMISSION.—

12 ‘‘(1) HEARINGS AND SESSIONS.—The Commis13 sion may, for the purpose of carrying out this Act,

14 hold hearings, sit and act at times and places, take

15 testimony, and receive evidence as the Commission

16 considers appropriate. The Commission may admin17 ister oaths or affirmations to witnesses appearing

18 before it.

19 ‘‘(2) POWERS OF MEMBERS AND AGENTS.—Any

20 member or agent of the Commission may, if author21 ized by the Commission, take any action which the

22 Commission is authorized to take by this section.

23 ‘‘(3) OBTAINING OFFICIAL DATA.—The Com24 mission may secure directly from any department or

25 agency of the United States information necessary
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1 to enable it to carry out this Act. Upon request of

2 the Chairperson of the Commission, the head of that

3 department or agency shall furnish that information

4 to the Commission.

5 ‘‘(4) MAILS.—The Commission may use the

6 United States mails in the same manner and under

7 the same conditions as other departments and agen8 cies of the United States.

9 ‘‘(5) ADMINISTRATIVE SUPPORT SERVICES.—

10 Upon the request of the Commission, the Adminis11 trator of General Services shall provide to the Com12 mission, on a reimbursable basis, the administrative

13 support services necessary for the Commission to

14 carry out its responsibilities under this Act.

15 ‘‘(6) CONTRACT AUTHORITY.—The Commission

16 may contract with and compensate government and

17 private agencies or persons for services, without re18 gard to section 3709 of the Revised Statutes (41

19 U.S.C. 5).

20 ‘‘(f) REPORTS.—Beginning December 31, 2000, and

21 each year thereafter, the Commission shall submit to the

22 Congress an annual report detailing the following informa23 tion:

24 ‘‘(1) Access to care, affordability to employers

25 and employees, and quality of care under employer-
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1 sponsored health plans and recommendations for im2 proving such access, affordability, and quality.

3 ‘‘(2) Any issues the Commission deems appro4 priate or any issues (such as the appropriateness

5 and availability of particular medical treatment) that

6 the chairmen or ranking members of the appropriate

7 committees of Congress requested the Commission

8 to evaluate.

9 ‘‘(g) DEFINITION OF APPROPRIATE COMMITTEES OF

10 CONGRESS.—For purposes of this section the term ‘appro11 priate committees of Congress’ means any committee in

12 the Senate or House of Representatives having jurisdiction

13 over the Employee Retirement Income Security Act of

14 1974.

15 ‘‘(h) TERMINATION.—Section 14(a)(2)(B) of the

16 Federal Advisory Committee Act (5 U.S.C. App.; relating

17 to the termination of advisory committees) shall not apply

18 to the Commission.

19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated for fiscal years 2000

21 through 2004 such sums as may be necessary to carry

22 out this Act.’’.
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1 SEC. 3. EFFECTIVE DATE.

2 This Act shall be effective 6 months after the date

3 of its enactment.

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