alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I

104TH CONGRESS

2D SESSION H. R. 3694

To prohibit insurers from offering monetary rewards, penalties, or inducements to licensed health care practitioners on the basis of the health

care practitioners’ decisions to limit the availability of appropriate medical tests, services, or treatments.

IN THE HOUSE OF REPRESENTATIVES

JUNE 20, 1996

Mr. NADLER introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To prohibit insurers from offering monetary rewards, penalties, or inducements to licensed health care practitioners on the basis of the health care practitioners’ decisions

to limit the availability of appropriate medical tests, services, or treatments.

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 Integrity

5 Act of 1996’’.
2

•HR 3694 IH

1 SEC. 2. REGULATIONS TO DETER REWARDS, PENALTIES OR

2 INDUCEMENTS TO LICENSED HEALTH CARE

3 PRACTITIONERS.

4 (a) PROMULGATION OF REGULATIONS.—The Sec5 retary of Health and Human Services shall promulgate

6 regulations to ensure that an insurer not offer monetary

7 rewards, penalties, or inducements to a licensed health

8 care practitioner, or condition the continued participation

9 of a licensed health care practitioner in a plan on the basis

10 of the health care practitioner’s decisions to limit the

11 availability of appropriate medical tests, services, or treat12 ments.

13 (b) PENALTIES AND ENFORCEMENT.—

14 (1) PENALTIES.—An insurer that violates the

15 regulations described in subsection (a) shall be sub16 ject to a civil money penalty in an amount to be de17 termined by the Secretary of Health and Human

18 Services.

19 (2) ENFORCEMENT.—The provisions of section

20 1128A of the Social Security Act (42 U.S.C. 1320a–

21 7a) (other than subsections (a) and (b)) shall apply

22 to civil money penalties under this section in the

23 same manner as they apply to a penalty or proceed24 ing under section 1128A(a) of such Act.

25 SEC. 3. DEFINITIONS.

26 For purposes of this Act:
3

•HR 3694 IH

1 (1) INSURER.—The term ‘‘insurer’’ means an

2 insurance company, insurance service, or insurance

3 organization licensed to engage in the business of in4 surance in a State, and a health maintenance orga5 nization.

6 (2) HEALTH INSURANCE COVERAGE.—The term

7 ‘‘health insurance coverage’’ means any hospital or

8 medical service policy or certificate, hospital or medi9 cal service plan contract, or health maintenance or10 ganization contract offered by an insurer.

11 (3) HEALTH PLAN.—The term ‘‘health plan’’

12 means a plan that provides health insurance cov13 erage.

14 (4) LICENSED HEALTH CARE PRACTITIONER.—

15 The term ‘‘licensed health care practitioner’’ has the

16 meaning given such term in section 431(6) of the

17 Health Care Quality Improvement Act of 1986

18 (Public Law 99–660; 42 U.S.C. 11151(6)).

19 (5) STATE.—The term ‘‘State’’ means each of

20 the 50 States, the District of Columbia, Puerto Rico,

21 the Northern Mariana Islands, the Virgin Islands,

22 American Samoa, and Guam.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7685

JAMES L. FIELDS,

Plaintiff - Appellant,

versus

FRANKLIN FREEMAN, Secretary of North Carolina

Department of Corrections; MARY LOU ROGERS,

Programer III, North Carolina Department of

Corrections,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, District

Judge. (CA-95-254-5-BR)

Submitted: January 11, 1996 Decided: January 25, 1996

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James L. Fields, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Fields v. Freeman, No. CA-95-254-5-BR (E.D.N.C. Sept. 8,

1995). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
**Exhibit 31.1**

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Yapp Moi Lee, President, Chief Executive Officer, Chief Financial Officer and director of Smartec Holdings Inc., (Principal Financial Officer and Principal Accounting Officer), certify that:

1.  I have reviewed this quarterly report on Form 10-QSB/A of Smartec Holdings Inc.;

2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3.  Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report; 

4.  The small business issuer’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have: 

(a)  Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b)  Evaluated the effectiveness of the company's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c)  Disclosed in this report any change in the company's internal control over financial reporting that occurred during the period covered by this annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and 

5.  The small business issuer’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company's auditors and the audit committee of the company's board of directors (or persons performing the equivalent functions): 

(a)  All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company's ability to record, process, summarize and report financial information; and 

(b)  Any fraud, whether or not material, that involves management or other employees who have a significant role in the company's internal control over financial reporting. 

Date:  November 23, 2007 

 

/s/ Yapp Moi Lee

Yapp Moi Lee 

President, Chief Executive Officer, Chief Financial Officer and Director

(Principal Financial Officer and Principal Accounting Officer)
[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Page 34450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17060]


=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD


Sunshine Act Meeting

TIME AND DATE: 9:30 a.m., Tuesday, July 9, 1996.

PLACE: The Board Room, 5th Floor, 490 L'Enfant Plaza, S.W., Washington, 
D.C. 20594.

STATUS: Open.

MATTERS TO BE CONSIDERED:

6486C--Aviation Accident Report: In-Flight Icing Encounter and Loss 
of Control, Simmons Airlines, d.b.a. American Eagle Flight 4184, ATR 
Model 72-212, Roselawn, Indiana, October 31, 1994.

NEWS MEDIA CONTACT: Telephone: (202) 382-0660.

FOR MORE INFORMATION CONTACT: Bea Hardesty, (202) 382-6525.

    Dated: June 28, 1996.
Bea Hardesty,
Federal Register Liaison Officer.
[FR Doc. 96-17060 Filed 6-28-96; 3:49 pm]
BILLING CODE 7533-01-P
#### Cortez JOHNSON, Movant, v. STATE of Missouri, Respondent.

No. 64549.

Missouri Court of Appeals, Eastern District, Division One.

March 29, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 16, 1994.

Application to Transfer Denied June 21, 1994.

Dave Hemingway, St. Louis, for movant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John R. Watson, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

Movant, Cortez Johnson, appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. The judgment of the motion court is based on findings of fact that are not clearly erroneous; no error of law appears. An extended opinion would have no precedential value.

The judgment is affirmed. Rule 84.16(b).
1

 An amended default judgment was signed by the Court on October 28, 2009 [See Doc. No. 21]. 

1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

148133 CANADA, INC., d/b/a Case No. 08-14343

CWM MARKETING, 

HONORABLE SEAN F. COX

Plaintiff, United States District Judge

v.

GLOBAL GALLERY, INC.,

Defendant.

_____________________________________/

OPINION DENYING PLAINTIFF’S EX PARTE MOTION

 FOR ISSUANCE OF POST-JUDGMENT SUBPOENAS Doc. No. 22]

Plaintiff 148133 Canada, Inc., d/b/a/ CWM Marketing (“CWM”) filed this diversity

breach of contract action on October 14, 2008, alleging that the Defendant, Global Gallery, Inc.

(“Global Gallery”) failed to remit sales commission payments as required by their contract. The

Court granted CWM’s motion for entry of default judgment on October 5, 2009 [See Doc. No.

19], and entered a default judgment that same day.1 

On November 4, 2009, CWM filed their instant “Ex Parte Motion for Issuance of PostJudgment Subpoenas” [Doc. No. 22], seeking issuance by the Court of post-judgment subpoenas

for the purpose of conducting a judgment creditor’s examination. 

Execution on judgments is governed by FED. R. CIV. P. 69, which provides, in pertinent

part: 

In aid of judgment or execution, the judgment creditor or a successor in interest

whose interest appears of record may obtain discovery from any person -

2:08-cv-14343-SFC-VMM Doc # 23 Filed 12/15/09 Pg 1 of 2 Pg ID 138
2

including the judgment debtor - as provided in these rules or by the procedure of

the state where the court is located. 

FED. R. CIV. P. 69(a)(2). 

CWM requests that the Court issue subpoenas commanding certain witnesses to testify at

a creditor’s examination, relying upon the “procedure of the state where the court is located”

requirement in Rule 69(a)(2). While CWM is correct that, under Michigan law, a judgment

creditor must request the Court to issue subpoenas for the purpose of conducting an examination

of the judgment creditor, see M.C.L. § 600.6110, CWM need not rely upon Michigan law to

satisfy the requirements of Rule 69(a)(2). Rather, CWM may also obtain discovery from the

judgment debtor “as provided in these rules” - i.e., pursuant to the Federal Rules of Civil

Procedure. Specifically, Rule 45(a)(3)(A) authorizes attorneys to issue subpoenas on their own,

without the direct involvement of the Court. 

For these reasons, the Court DENIES CWM’s “Ex Parte Motion for Issuance of PostJudgment Subpoenas” [Doc. No. 22] 

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: December 15, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

December 15, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

2:08-cv-14343-SFC-VMM Doc # 23 Filed 12/15/09 Pg 2 of 2 Pg ID 139
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Page 35772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17209]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health


National Cancer Institute; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of a meeting 
of the President's Cancer Panel.
    The meeting will be open to the public as indicated below, with 
attendance by the public limited to space available. Individuals who 
plan to attend and need special assistance, such as sign language 
interpretation or other reasonable accommodations, should notify the 
Contact Person listed below.
    The meeting will be closed in accordance with the provisions set 
forth in sec. 552b(c)(9), Title 5, U.S.C. for discussion of future 
meetings and preparation of the annual report to the President. These 
discussions could disclose information, the premature disclosure of 
which would be likely to significantly frustrate implementation of 
proposed action the Panel may plan to take.
    Carole Frank, the Committee Management Officer, National Cancer 
Institute, Executive Plaza North, Room 630M, 6130 Executive Blvd., MSC 
7405, Bethesda, MD 20891-7405 (301-496-5708) will provide a summary of 
the meeting and the roster of committee members upon request. Other 
information pertaining to the meetings may be obtained from the contact 
person indicated below.

    Committee Name: President's Cancer Panel.
    Date: July 29-30, 1996.
    Place: Fred Hutchinson Cancer Center, Stuart Auditorium, First 
Hill, 1124 Columbia Street, Seattle, WA 98104.
    Closed: July 29, 1996--7 p.m. to 10 p.m.
    Agenda: Planning session to discuss future meetings and 
preparation of the mandatory annual report of the Chairman to the 
President.
    Open: July 30, 1996--8:30 a.m. to 5:00 p.m.
    Agenda: Managed Care's Role in the War on Cancer. Where are we 
today? Existing problems for cutting edge clinical research in 
today's environment.
    Contact Person: Dr. Maureen O. Wilson, Executive Secretary, 
National Cancer Institute, NIH, Building 31, Room 4B43, Bethesda, MD 
20892, (301) 496-1148.

(Catalog of Federal Domestic Assistance Program Numbers: 93:393, 
Cancer Cause and Prevention Research; 93.394, Cancer Detection and 
Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, 
Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, 
Cancer Research Manpower; 93.399, Cancer Control.)

    Dated: July 1, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-17209 Filed 7-5-96; 8:45 am]
BILLING CODE 4140-01-M
Hon. C. A. 'Pounds CountyAttorney Chambers County Anahuac, Texas

Dear b@. Pounds: June 25, 1949
OpinionNo. V-849
Re: The eligibility'ofa married woman under 21 yearsnor page to'be a notary public.

You have requested an opinion regarding the following question: ./.. ~"Ysa married woman under twenty-one (21) '$ears of age legaliy eligible for appointment asp a~NotaryPublio?" Section 2 of Article 5949,V.C.S., as amended, provides:
"To be eligible for aDpoIntment as Notare Public ror any county, person'shallbe a citizen of this stete a:d at least twenty-one (21)years of age, and a resident of the countv for which he is annointed: nrovided, that w'heresudh person resides within the limits OF a county containingan Incorporatedcity, tbwn or village partially located In another county, said personmay,be appointedNotary Public for either of such counties, but shall be authorized to act only in the county for which such appointmentis made; provided further, that nothing herein shall Invalidateany commission a,s

Notary Public which has been Issued and Is outstanding at the time thisAct becomes effective." This Article as amended placed an eligibility requirement for Notaries Public, to-wit: that a person to be eligible for appointment shall be at least 21 years of ege, No exception Is given relative to this qualification.
InAttorney General's OpinionNo. O-2918, by e prior administration, It was held that a minor was notHon. C. A. Pounds, page 2 (V-849)

eligibleror an appointmentas Notary Public even though suchminor's disabIlItIeshad been removed In eccordanoe with the provisions of Article 5923.

Artiole 4625, V.C.S., provides that "every female under the age of 21 years who.shallmarry In accordancewith the laws or this State, shall from and efter the time of such marriage, be deemed of f'ull age and shall have all the rights and privileges towhich she would have been entitledhad she been at the time of her marriage 0r full age." Following the reasoning In OpinIon O-2918 It Is our opinion that Article 5949has the effect of making an exception to the provisionsof Artiale 4625. Section 3 ofArticle 5949 provides:

"Anyperson desiring appointment as Notary Publio shall furnish to the County Clerk of the county of residence of the appliqant, or the county Inwhich the applioant seeks to act as Notary Public,his name as Ittwillbe used In acting as suchNotary public,his post office address, and shall satisfy the Clerk that he Is at least twenty-one (21) years of age and otherwise qualified by law for the appointmentwhich Is sought."
It Is our further opinion that It would be Impossible for the person in questionto complywith the above quoted provisions since she Is actually under 21 years of age. It Is thereforeour opinion that e married woman under 21 years of age is not eligible to be a Notary Public. SJMdARY : A married woman under 21 years of age Is not eligible to be a Notary Public. Article 5949,V.C.S.

APPROVED Yours very truly, ATTORNEYGENERAL OF TEXAS s/s Joe B. Greenhill JoeR. Greenhill FIRST ASSISTANT By /a/ JohnReeves ATTORNEY GERERAL JohnReeves JR:bh:jrb Assistant
EXHIBIT 32.2




CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly
Report of Bioheart, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the Report), the undersigned officer of the Company hereby certifies, pursuant to 18 U.S.C. section 906 of
the Sarbanes-Oxley Act of 2002, to such officers knowledge that:




(i) the Quarterly Report on Form 10-Q of the Company for
the quarterly period ended March 31, 2010 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended (subject to the Companys position prevailing in regard to the remaining unresolved
SEC comment, as more fully described in the Report); and




(ii) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.




A signed original of this written
statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.


|May 14,
2010 |  |  |  | /s/ Peggy A. Farley                              
|------------ |  |  |  | -------------------------------------------------
|             |  |  |  | Name:
Peggy A. Farley                            
|             |  |  |  | Title: Principal Financial and Accounting Officer

---
Exhibit 32.1




CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the period ended March 31, 2011 of Tiger Oil and Energy Inc. (the “Company”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,








/s/ Kenneth B. LiebscherKenneth B. LiebscherChief Executive OfficerMay 20, 2011/s/Howard BouchHoward BouchChief Financial OfficerMay 20, 2011








A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Tiger Oil and Energy, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1

               Statement of Chief Executive Officer

Pursuant to 18 U.S.C. Sec 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned Chief Executive Officer of
SDG&E Funding LLC (the "Company") certifies that:

(i)	the Annual Report on Form 10-K of the Company filed with
the Securities and Exchange Commission for the year ended
December 31, 2003 (the "Annual Report") fully complies with
the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as
amended; and

(ii)	the information contained in the Annual Report fairly
presents, in all material respects, the financial condition
and results of operations of the Company.



March 15, 2004
                                           /s/ Charles A. McMonagle
                                           ______________________
                                            Charles A. McMonagle
                                            Chief Executive Officer
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of  School4Chauffeurs,  Inc. (the
"Company")  on Form 10-QSB for the quarter  ending  September  30, 2007 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Jeffery E. Jones,  President of the Company,  certify,  pursuant to 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that, to my knowledge:

     (1)  The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


Date: October 29, 2007



                                        By: /s/ JEFFERY E. JONES
                                            ___________________________
                                                Jeffery E. Jones
                                                President
Fialka-Feldman v. Oakland University Board of Trustees Doc. 39 Att. 6

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