I 

111TH CONGRESS 

1ST SESSION H. R. 3000 

To establish a United States Health Service to provide high quality comprehensive health care for all Americans and to overcome the deficiencies 

in the present system of health care delivery. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2009 

Ms. LEE of California introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Ways and Means and Education and Labor, 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 establish a United States Health Service to provide high 

quality comprehensive health care for all Americans and 

to overcome the deficiencies in the present system of 

health care delivery. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Josephine Butler United States Health Service Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. Definitions. 

TITLE I—ESTABLISHMENT AND OPERATION OF THE UNITED 

STATES HEALTH SERVICE 

Sec. 101. Establishment of the Service. 

Sec. 102. Appointment of the National Health Board. 

Sec. 103. Powers and duties of the National Health Board. 

Sec. 104. Representation in local and regional authorities. 

Sec. 105. Public accountability and financial disclosure. 

Sec. 106. Inspector General for Health Services. 

Sec. 107. Establishment of health care delivery regions. 

TITLE II—DELIVERY OF HEALTH CARE AND SUPPLEMENTAL 

SERVICES 

Subtitle A—Patients’ Rights in Health Care Delivery 

Sec. 201. Basic health rights. 

Sec. 202. Right to paid leave to receive health care services. 

Subtitle B—Eligibility for, Nature of, and Scope of Services Provided by the 

Service 

Sec. 211. Eligibility for services. 

Sec. 212. Entitlement to services. 

Sec. 213. Provision of health care and supplemental services. 

Subtitle C—Health Care Facilities and Delivery of Health Care Services 

Sec. 221. Establishment of health care facilities and distribution of delivery of 

health care and other services. 

Sec. 222. Operation and inspection of health care facilities. 

Sec. 223. Provision of health services relating to reproduction and childbearing. 

TITLE III—HEALTH LABOR FORCE 

Subtitle A—Job Categories and Certification 

Sec. 301. Effect of State law. 

Sec. 302. Qualifications of health workers. 

Sec. 303. Establishment of job categories and certification standards. 

Subtitle B—Education of Health Workers 

Sec. 311. Health team schools. 

Sec. 312. Service requirement. 

Sec. 313. Payment for certain educational loans. 

Subtitle C—Employment and Labor-Management Relations Within the Service 

Sec. 321. Employment, transfer, promotion, and receipt of fees. 

Sec. 322. Applicability of laws relating to Federal employees. 

Sec. 323. Applicability of Federal labor-management relations laws. 

Sec. 324. Defense of certain malpractice and negligence suits. 


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TITLE IV—OTHER FUNCTIONS OF HEALTH BOARDS 

Subtitle A—Advocacy, Grievance Procedures, and Trusteeships 

Sec. 401. Advocacy and legal services program. 

Sec. 402. Grievance procedures. 

Subtitle B—Occupational Safety and Health Programs 

Sec. 411. Functions of the National Health Board. 

Sec. 412. Community Occupational Safety and Health Activities. 

Sec. 413. Workplace health facilities. 

Sec. 414. Employee rights relating to Occupational Safety and Health. 

Sec. 415. Definitions. 

Subtitle C—Health and Health Care Delivery Research, Quality Assurance, 

and Health Equity 

Sec. 421. Principles and guidelines for research. 

Sec. 422. Establishment of Institutes. 

Subtitle D—Health Planning, Distribution of Drugs and Other Medical 

Supplies, and Miscellaneous Functions 

Sec. 431. Health planning and budgeting. 

Sec. 432. Distribution of drugs and other medical supplies. 

Sec. 433. Miscellaneous Functions of the National Health Board. 

TITLE V—FINANCING OF THE SERVICE 

Subtitle A—Health Service Taxes 

Sec. 501. Individual and corporate income taxes. 

Sec. 502. Other changes in the Internal Revenue Code of 1986. 

Sec. 503. Existing employer-employee health benefit plans. 

Sec. 504. Workers compensation programs. 

Subtitle B—Health Service Trust Fund 

Sec. 511. Establishment of Health Service Trust Fund. 

Sec. 512. Transfer of funds to the Health Service Trust Fund. 

Sec. 513. Administration of Health Service Trust Fund. 

Subtitle C—Preparation of Plans and Budgets 

Sec. 521. Determination of Fund availability. 

Sec. 522. Preparation of regional budgets. 

Subtitle D—Allocation and Distribution of Funds 

Sec. 531. National Budget. 

Sec. 532. Special operating expense Fund. 

Sec. 533. Distribution of funds. 

Sec. 534. Annual statement, records, and audits. 

Subtitle E—General Provisions 

Sec. 541. Issuance of obligations. 

Sec. 542. Definitions. 


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TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Effective date of Health Services. 

Sec. 602. Repeal of provisions. 

Sec. 603. Transition provisions. 

Sec. 604. Amendment to Budget and Accounting Act. 

Sec. 605. Separability. 

1 SEC. 2. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) The health of the Nation’s people is a foun4 dation of their well-being. 

5 (2) High quality health care is a right of all 

6 people. 

7 (3) Many of the Nation’s people are unable 

8 fully to exercise this right because of the inability of 

9 the present health care delivery system to make high 

10 quality health care available to all individuals re11 gardless of race, sex, age, national origin, income, 

12 marital status, sexual orientation, religion, political 

13 belief, place of residence, employment status, or pre14 vious health status. 

15 (4) The present health care system has failed to 

16 provide financial coverage for health care services 

17 for more than forty million Americans, and the per18 cent lacking such coverage grows each year. 

19 (5) The present health care system has failed to 

20 provide for sufficient effective preventive measures 

21 that would address the deterioration in occupational, 


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1 environmental, and social conditions affecting the 

2 health of the people of this Nation. 

3 (6) Unnecessary and excessive profits and ad4 ministrative expenses have inflated the cost of health 

5 care. 

6 (7) The growth of for profit medical care and 

7 for profit managed care is making it difficult for 

8 health care personnel to provide, and users to re9 ceive, the full range of health services they believe to 

10 be necessary, appropriate, and desirable. 

11 (8) The health professions have failed to control 

12 the cost of their services and the imbalance in the 

13 number of health workers among geographic areas 

14 or health care specialties. 

15 (9) The present health care system has failed to 

16 make full and efficient use of allied health workers. 

17 (10) A United States Health Service is the best 

18 means to implement the right to high quality health 

19 care and to overcome the deficiencies in the present 

20 health care delivery system. 

21 SEC. 3. PURPOSES. 

22 The purposes of this Act are as follows: 

23 (1) To create a United States Health Service to 

24 provide without charge to all residents, regardless of 

25 race, sex, age, national origin, income, marital staVerDate Nov 24 2008 01:37 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000

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1 tus, sexual orientation, religion, political belief, place 

2 of residence, employment status, or previous health 

3 status, comprehensive health care services delivered 

4 by salaried health workers and emphasizing the pro5 motion and maintenance of health as well as the 

6 treatment of illness. 

7 (2) To establish representative and democratic 

8 governance of the Service. 

9 (3) To provide health workers in the Service 

10 with fair and reasonable compensation, secure em11 ployment, opportunities for full and equal participa12 tion in the governance of health facilities, and oppor13 tunities for advancement without regard to race, sex, 

14 age, national origin, sexual orientation, religion, or 

15 political belief. 

16 (4) To increase the availability and continuity 

17 of health care by linking local health care facilities 

18 to hospitals and specialized care facilities. 

19 (5) To overcome present disparities in health 

20 and access to health care resources, especially for 

21 currently underserved innercity and rural popu22 lations, minority groups, prisoners, and occupational 

23 groups, by redistributing health care resources to 

24 underserved populations, and by enhancing public 

25 health and preventive health services. 


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1 (6) To finance the Service through progressive 

2 taxation of individuals and employer contributions, 

3 and to distribute these revenues on a capitation 

4 basis, supplemented by allocations to meet special 

5 health care needs. 

6 SEC. 4. DEFINITIONS. 

7 For the purposes of this Act, unless the context im8 plies otherwise: 

9 (1) HEALTH CARE FACILITY.—The term 

10 ‘‘health care facility’’ means an administrative unit 

11 composed of specified staff, equipment, and premises 

12 and established by a health board as an appropriate 

13 unit of organization for the delivery of specified 

14 health care or supplemental services under this Act. 

15 (2) HEALTH WORKER.—The term ‘‘health 

16 worker’’ includes— 

17 (A) any employee of the Service; and 

18 (B) any individual who for remuneration 

19 delivers, administers any program in, provides 

20 supporting services for, teaches the subject 

21 matter of, or performs research in, health care 

22 services. 

23 (3) INDIRECT PROVIDER OF HEALTH CARE.— 

24 The term ‘‘indirect provider of health care’’ means 

25 an individual who— 


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1 (A) receives (either directly or through his 

or her spouse) more than 1 2 ⁄10 of his or her 

3 gross annual income from any one or combina4 tion of— 

5 (i) fees or other compensation for pro6 vision of, research into, or instruction in, 

7 the provision of health care, 

8 (ii) entities engaged in the provision 

9 of health care or in such research or in10 struction, 

11 (iii) producing or supplying drugs, 

12 medical equipment, or other articles for in13 dividuals or entities for use in the provi14 sion of or in research into or instruction in 

15 the provision of health care, or 

16 (iv) entities engaged in producing 

17 drugs, medical equipment, or such other 

18 articles; 

19 (B) holds a fiduciary position with, or has 

20 a fiduciary interest in, any entity described in 

21 clause (ii) or (iv) of subparagraph (A); or 

22 (C) is engaged in issuing any policy or con23 tract of individual or group health insurance or 

24 hospital or medical service benefits. 


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1 (4) NATIONAL HEALTH BOARD.—The term 

2 ‘‘National Health Board’’ means the National 

3 Health Board of the Service. 

4 (5) SERVICE.—The term ‘‘Service’’ means the 

5 United States Health Service established in section 

6 101. 

7 (6) SERVICE-RELATED TERMS.— 

8 (A) HEALTH CARE SERVICES.—The term 

9 ‘‘health care services’’ means the services de10 scribed in paragraphs (1) through (5) of section 

11 213(a). 

12 (B) SUPPLEMENTAL SERVICES.—The term 

13 ‘‘supplemental services’’ means the services de14 scribed in paragraphs (1), (2), and (3) of sec15 tion 213(b). 

16 (7) USER.—The term ‘‘user’’ means an indi17 vidual who is eligible under section 211 to receive 

18 health care services from the Service under this Act. 

19 TITLE I—ESTABLISHMENT AND 

20 OPERATION OF THE UNITED 

21 STATES HEALTH SERVICE 

22 SEC. 101. ESTABLISHMENT OF THE SERVICE. 

23 (a) IN GENERAL.—There is established, as an inde24 pendent establishment of the executive branch of the 

25 United States, the United States Health Service. 


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1 (b) AUTHORITY.— 

2 (1) NATIONAL HEALTH BOARD.—The authority 

3 of the Service shall be exercised by the National 

4 Health Board and, in accordance with this Act and 

5 guidelines established by such Board, by local and 

6 regional authorities affiliated with the Board. 

7 (2) EMINENT DOMAIN AUTHORITY.—The Serv8 ice shall have the authority, under the power of emi9 nent domain, to acquire by condemnation under ju10 dicial process real estate for the Service for public 

11 purposes whenever it is necessary or advantageous 

12 to do so. 

13 (c) ADMINISTRATION.—The Board shall implement 

14 administrative measures as necessary to assure the equi15 table distribution and allocation of health care resources 

16 and services. 

17 (d) ACCOUNTABILITY AND CONTROL.—The Board 

18 shall establish mechanisms to assure accountable, rep19 resentative and democratic governance of the Service and 

20 of health care facilities by health care users and workers, 

21 with limits on conflicts of interest as described in this Act. 


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1 SEC. 102. APPOINTMENT OF THE NATIONAL HEALTH 

2 BOARD. 

3 The President shall, no later than 30 days after the 

4 date of the enactment of this Act, appoint 21 individ5 uals— 

6 (1) who are 18 years of age or older; 

7 (2) who are concerned about the health care 

8 problems of the Nation; 

9 (3) who approximate the Nation’s population by 

10 race, sex, income, language, and region of residence, 

11 and approximate the percentage of rural and fron12 tier populations; and 

13 (4) no more than seven of whom are or have 

14 been health workers, indirect providers of health 

15 care, or members of the immediate family of such 

16 workers or indirect providers within 24 months of 

17 the date of such nomination, to serve as members of 

18 the National Health Board of the Service. 

19 SEC. 103. POWERS AND DUTIES OF THE NATIONAL HEALTH 

20 BOARD. 

21 The National Health Board shall— 

22 (1) establish the boundaries of health care de23 livery regions, in accordance with section 107; 

24 (2) establish procedures for creating local and 

25 regional authorities within each health care delivery 

26 region, to oversee and administer the delivery of 


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1 health services, pursuant to section 104, and other 

2 provisions of this Act in their respective regions and 

3 local areas; 

4 (3) carry out such duties of the National 

5 Health Board as it deems necessary and consistent 

6 with the timetable given under this Act and the pur7 poses of the Service; and 

8 (4) provide for the recording of minutes of each 

9 of its meetings, and shall make such records avail10 able to the public for inspection and copying. 

11 SEC. 104. REPRESENTATION IN LOCAL AND REGIONAL AU12 THORITIES. 

13 The governing bodies of the local and regional au14 thorities created pursuant to section 103(b) shall consist 

15 of representatives of users resident in their local area or 

16 region and representatives of health workers employed by 

17 the Service in their local area or region. Representatives 

18 of such users shall comprise the majority of such rep19 resentatives and representatives of such health workers 

20 shall comprise a minority. 

21 SEC. 105. PUBLIC ACCOUNTABILITY AND FINANCIAL DIS22 CLOSURE. 

23 (a) PROHIBITION OF CONFLICTS OF INTEREST.— 

24 (1) IN GENERAL.—Individuals with direct or in25 direct conflicts of interest shall not serve on health 


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1 boards or authorities. Subject to paragraph (2), such 

2 conflicts may consist of ownership of, employment 

3 in, or other financial affiliation with any industry in 

4 a position to profit or otherwise benefit from the ac5 tivities of the health board. 

6 (2) EXCEPTION.—Paragraph (1) shall not 

7 apply to employment as a health worker by the Serv8 ice as specified in this Act. 

9 (b) DISCLOSURE.—Candidates for health boards or 

10 authorities shall fully disclose any such potential conflicts 

11 of interest, and if elected or appointed shall sever any af12 filiations that could result in a conflict. 

13 SEC. 106. INSPECTOR GENERAL FOR HEALTH SERVICES. 

14 Within the United States Health Service there shall 

15 be an Office of the Inspector General for Health Services, 

16 to be headed by an Inspector General for Health Services, 

17 that shall have authority to ensure the effective operation 

18 of the services pursuant to this Act and to investigate and 

19 pursue any grievances against the National Health Board 

20 or its local authorities. The Inspector General shall have 

21 the same authority as an Inspector General has under the 

22 Inspector General Act of 1978. 


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1 SEC. 107. ESTABLISHMENT OF HEALTH CARE DELIVERY RE2 GIONS. 

3 (a) ESTABLISHMENT OF HEALTH CARE DELIVERY

4 REGIONS.—No later than 6 months after the appointment 

5 of members of the National Health Board, such Board 

6 shall establish, in accordance with this section, health care 

7 delivery regions throughout the United States. 

8 (b) REQUIREMENTS FOR DELIVERY REGIONS.—Each 

9 health care delivery region shall meet the following re10 quirements: 

11 (1) The region shall be a contiguous geographic 

12 area appropriate for the effective governance, plan13 ning, and delivery of all health care and supple14 mental services under this Act for residents of the 

15 region. 

16 (2) The region shall have a population of not 

17 less than 500,000 and of not more than 3,000,000 

18 individuals, except that— 

19 (A) the population of a region may be 

20 more than 3,000,000 if the region includes a 

21 standard metropolitan statistical area (as deter22 mined by the Office of Management and Budg23 et) with a population of more than 3,000,000; 

24 and 

25 (B) the population of a region may be less 

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1 termines that this is necessary to facilitate the 

2 delivery of health care and supplemental serv3 ices or the effective governance of the health 

4 program within such region. 

5 A region under subparagraph (B) may be a sparsely 

6 populated frontier area which consists of a very 

7 large or multi-state geographic area. 

8 (3) The boundaries of each region shall take 

9 into account— 

10 (A) any economic or geographic barrier to 

11 the receipt of health care and supplemental 

12 services in nonmetropolitan areas, and 

13 (B) the differences in needs between non14 metropolitan and metropolitan areas in the 

15 planning, development, and delivery of health 

16 care and supplemental services. 

17 (c) MODIFICATION OF BOUNDARIES.—The National 

18 Health Board shall review the boundaries of regions no 

19 later than 2 years after each decennial national census, 

20 or upon receipt of and at such other times as it deems 

21 necessary, and may modify the boundary of any region 

22 in which there has been a substantial shift of population 

23 justifying such modification or if such modification would 

24 better carry out the purposes of this Act, and if such modi25 fication is approved in a referendum of residents in an 


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1 area whose regional identification would be changed by 

2 making such modification. 

3 (d) PROCESS.—At least 60 days prior to the estab4 lishment of the boundaries of any region, or modification 

5 of the boundaries, the National Health Board shall col6 laborate with its regional authorities to provide for— 

7 (1) notice in the area which would be affected 

8 by the establishment of such boundaries of the 

9 boundaries proposed to be established, and of the 

10 date, time, and location of the public hearing on 

11 such establishment as provided in paragraph (2); 

12 and 

13 (2) a public hearing at which individuals can 

14 speak or present written statements relating to the 

15 establishment of such boundaries. 

16 TITLE II—DELIVERY OF HEALTH 

17 CARE AND SUPPLEMENTAL 

18 SERVICES 

19 Subtitle A—Patients’ Rights in 

20 Health Care Delivery 

21 SEC. 201. BASIC HEALTH RIGHTS. 

22 The Service, in its delivery of health care services to 

23 users, shall ensure that every such individual is given the 

24 following basic health rights: 


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1 (1) The right to receive high quality health care 

2 and supplemental services from any facility within 

3 the Service capable of providing such services with4 out charge and without discrimination on account of 

5 race, sex, age, religion, language, income, marital 

6 status, sexual orientation, dress, or previous health 

7 status. 

8 (2) The right to humane, respectful, dignified, 

9 and comforting health care, and to the reduction of 

10 pain and distressful symptoms. 

11 (3) The right to have all medically necessary or 

12 appropriate health services delivered in a convenient 

13 and timely manner. Any decision to deny or post14 pone such necessary or appropriate care shall be 

15 made only on the basis of temporary and reasonable 

16 limitations in the availability of service personnel 

17 and physical facilities. Users shall have the oppor18 tunity for timely and effective appeal of any decision 

19 to deny or postpone care. 

20 (4) The right to choose the health workers who 

21 shall be responsible for, and the health facilities in 

22 which to receive, the individual’s health care serv23 ices. 

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1 ical dictionary produced under section 433(b), which 

2 promotes an understanding of health. 

3 (6) The right to have all health care informa4 tion, reports, and educational materials translated 

5 into the individual’s primary language. 

6 (7) The right to receive, prior to the delivery of 

7 any health care service, a careful, prompt, and intel8 ligible— 

9 (A) explanation of the indications, diag10 noses, benefits, side effects, and risks involved 

11 in the delivery of such service, and a description 

12 of all medically necessary or appropriate alter13 natives to such service (including no treatment); 

14 (B) answer to any question relating to 

15 such health care service; and 

16 (C) explanation of one’s health rights de17 scribed in this subtitle, and the right to have 

18 such health care service delivered only with the 

19 individual’s prior, voluntary, written consent. 

20 (8) The right to refuse the initial or continuing 

21 delivery of any health care service whenever such re22 fusal does not directly endanger the public health or, 

23 in accordance with State law, the health of the indi24 vidual if the individual is dangerous to himself or 

25 herself. 


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1 (9) The right to have all individually identifi2 able information and documents treated confiden3 tially and not disclosed (except for statistical pur4 poses and for the control of communicable diseases, 

5 drug abuse, and child abuse) without the individual’s 

6 prior, voluntary, and written consent. 

7 (10) The right of access at all times to individ8 uals or groups for counseling, health information, 

9 and assistance on health matters, including access to 

10 user advocates who shall— 

11 (A) assist users in choosing the most ap12 propriate sites from which to receive health 

13 services and the most appropriate health work14 ers from whom to receive such services; 

15 (B) provide counseling and assistance to 

16 users in filing complaints; and 

17 (C) investigate instances of poor quality 

18 services or improper treatment of users and 

19 bring such instances to the attention of the ap20 plicable authority. 

21 (11) The right to be accompanied and visited at 

22 any time by a friend, relative, or independent advo23 cate of the individual’s choosing, and the right to 

24 have routine services, such as feeding, bathing, 


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1 dressing, and bedding changes, performed by a 

2 friend or relative, if the individual so chooses. 

3 (12) The right, in the event of terminal illness, 

4 to die with a maximum degree of dignity, to be pro5 vided all necessary symptom relief, to be provided 

6 (and for the individual’s family to be provided) coun7 seling and comfort, and to be allowed (if desired) to 

8 die at home. 

9 (13) The right of access to a complaint and 

10 grievance system and to legal assistance to enforce 

11 these rights. 

12 SEC. 202. RIGHT TO PAID LEAVE TO RECEIVE HEALTH 

13 CARE SERVICES. 

14 (a) AMENDMENT TO FAIR LABOR STANDARDS

15 ACT.—The Fair Labor Standards Act of 1938 is amended 

16 by inserting after section 7 (29 U.S.C. 207) the following 

17 new section: 

18 ‘‘MINIMUM HEALTH LEAVE COMPENSATION

19 ‘‘SEC. 7A. Each employee of any employer who in any 

20 workweek is engaged in commerce or in the production 

21 of goods for commerce, or is employed in an enterprise 

22 engaged in commerce or in the production of goods for 

23 commerce, shall be entitled to receive from the employer, 

24 for each 35 hours he is employed by the employer (not 

25 counting more than 35 hours in any workweek), com26 pensation for one hour of employment at the regular rate 


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1 at which the employee is employed (as that term is used 

2 in section 7 of this Act) for an hour— 

3 ‘‘(1) during the period of 52 weeks beginning 

4 with the workweek with which the entitlement is 

5 earned, and 

6 ‘‘(2) during which the employee is unable to 

7 work because of the need for the employee (or a de8 pendent of that employee) to receive necessary 

9 health care services.’’. 

10 (b) CONFORMING AMENDMENTS.—The Fair Labor 

11 Standards Act of 1938 is further amended— 

12 (1) in section 3(o), by striking ‘‘sections 6 and 

13 7’’ and inserting ‘‘sections 6, 7, and 7A’’; 

14 (2) in section 13— 

15 (A) in subsection (a) before paragraph (1), 

16 by striking ‘‘and 7’’ and inserting ‘‘, 7, and 

17 7A’’; 

18 (B) in subsection (a)(3), by striking ‘‘sec19 tions 6 and 7’’ and inserting ‘‘sections 6, 7, and 

20 7A’’; and 

21 (C) in subsections (d) and (f), by inserting 

22 ‘‘7A,’’ after ‘‘7,’’ each place it appears; 

23 (3) in section 14(d), by striking ‘‘6 and 7’’ and 

24 inserting ‘‘6, 7, and 7A’’; 


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1 (4) in section 15(a), by striking ‘‘section 6 or 

2 section 7’’ and inserting ‘‘section 6, 7, or 7A’’; 

3 (5) in section 16— 

4 (A) in subsection (b), by striking ‘‘section 

5 6 or section 7’’ and inserting ‘‘section 6, 7, or 

6 7A’’; 

7 (B) in subsection (b), by striking ‘‘or their 

8 unpaid overtime compensation’’ and inserting 

9 ‘‘their unpaid overtime compensation, or their 

10 unpaid health leave compensation’’; 

11 (C) in subsection (b), by inserting ‘‘or of 

12 unpaid health leave compensation’’ after 

13 ‘‘amount of unpaid overtime compensation’’; 

14 (D) in the first sentence of subsection (c), 

15 by striking ‘‘section 6 or 7’’ and inserting ‘‘sec16 tion 6, 7, or 7A’’; 

17 (E) in the first sentence of subsection (c), 

18 by striking ‘‘unpaid overtime compensation’’ 

19 and inserting ‘‘, unpaid overtime compensation, 

20 or unpaid health leave compensation’’; 

21 (F) in the second sentence of subsection 

22 (c), by striking ‘‘or overtime compensation’’ and 

23 inserting ‘‘, overtime compensation, or health 

24 leave compensation’’; and 


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1 (G) in the third sentence of subsection (c), 

2 by striking ‘‘or unpaid overtime compensation 

3 under sections 6 and 7’’ and inserting ‘‘, unpaid 

4 overtime compensation, or unpaid health leave 

5 compensation under sections 6, 7, and 7A’’; and 

6 (6) in section 18(a)— 

7 (A) in the first sentence, by inserting ‘‘or 

8 minimum health leave compensation higher 

9 than the minimum health leave compensation 

10 established under this Act’’ before ‘‘, and no 

11 provision’’; and 

12 (B) the second sentence, by inserting be13 fore the period at the end the following: ‘‘, or 

14 justify any employer in reducing health leave 

15 compensation provided by him which is in ex16 cess of the applicable minimum health leave 

17 compensation under this Act’’. 

18 Subtitle B—Eligibility for, Nature 

19 of, and Scope of Services Pro20 vided by the Service 

21 SEC. 211. ELIGIBILITY FOR SERVICES. 

22 (a) IN GENERAL.—All individuals while within the 

23 United States are eligible to receive health care and sup24 plemental services under this Act. 


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1 (b) UNITED STATES DEFINED.—For purposes of this 

2 section, the term ‘‘United States’’ includes Indian reserva3 tions, the District of Columbia, the Commonwealth of 

4 Puerto Rico, the Virgin Islands, Guam, Samoa, and the 

5 Northern Mariana Islands. 

6 SEC. 212. ENTITLEMENT TO SERVICES. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b), the Service shall, on and after the effective date of 

9 health services, provide users with all health care services 

10 and supplemental services described in section 213 which 

11 the Service determines, in accordance with this title, to 

12 be necessary or appropriate for the promotion and en13 hancement of health, for the prevention of disease, and 

14 for the diagnosis and treatment of, and rehabilitation fol15 lowing, injury, disability, or disease. 

16 (b) EXCLUSION.—Services provided under this Act 

17 shall not include personal comfort or cosmetic services un18 less the National Health Board or its designee determines 

19 that the services are required for health-related reasons. 

20 SEC. 213. PROVISION OF HEALTH CARE AND SUPPLE21 MENTAL SERVICES. 

22 (a) IN GENERAL.—The Service shall provide in the 

23 United States the following health care services in or 

24 through facilities established by the Service— 


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1 (1) the promotion of health and well-being 

2 through health education programs to be carried out 

3 in facilities of the Service as well as in workplaces, 

4 schools, and elsewhere utilizing all appropriate 

5 media, and by assisting other Government agencies 

6 in taking appropriate actions to promote health and 

7 well-being; 

8 (2) the prevention of illness, injury, and death 

9 through education and advocacy addressed to the so10 cial, occupational, and environmental causes of ill 

11 health; through the provision of appropriate preven12 tive services including social, medical, occupational, 

13 and environmental health services, on both an emer14 gency and sustained basis; through screening and 

15 other early detection programs to identify and ame16 liorate the primary causes of ill health; and, where 

17 appropriate, through actions taken on an emergency 

18 basis to halt environmental threats to life and 

19 health; 

20 (3) the diagnosis and treatment of illness and 

21 injury, including emergency medical services, com22 prehensive outpatient and inpatient health care serv23 ices, occupational health services, mental health 

24 services, dental care, vision care, long-term care, and 

25 home health services; 


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1 (4) the rehabilitation of the sick and disabled, 

2 including physical, psychological, occupational, and 

3 other specialized therapies; and 

4 (5) the provision of drugs, therapeutic devices, 

5 appliances, equipment, and other medical supplies 

6 (including eyeglasses, other visual aids, dental aids, 

7 hearing aids, and prosthetic devices) certified effec8 tive in the National Pharmacy and Medical Supply 

9 Formulary (published under section 432(a)) and fur10 nished or prescribed by authorized health workers. 

11 (b) SUPPLEMENTAL SERVICES.—The Service shall 

12 provide the following services supplemental to the delivery 

13 of health care services in or through health care facilities 

14 established by the Service— 

15 (1) ambulance and other transportation services 

16 to insure ready and timely access to necessary health 

17 care; 

18 (2) child care services for individuals who, dur19 ing the time they receive outpatient health care serv20 ices from the Service or are working in a health care 

21 facility of the Service, are responsible for a child’s 

22 care; 

23 (3) homemaking and home health services— 

24 (A) to enable the provision of inpatient 

25 health services at a health care facility of the 


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1 Service to an individual who has the sole re2 sponsibility for the care— 

3 (i) of a child under 15 years of age, 

4 or 

5 (ii) of a physically or mentally handi6 capped individual who requires the care of 

7 another individual, and 

8 (B) for the bedfast or severely handicapped 

9 individual; and 

10 (4) such counseling and social service assistance 

11 as will avoid the unnecessary provision of health care 

12 services. 

13 (c) LOCAL PUBLIC HEALTH SERVICES.—The Service 

14 shall maintain the functions, especially those related to en15 vironmental health and the prevention of illness, currently 

16 performed by the departments of health of the States and 

17 localities, to the extent consistent with Federal, State, and 

18 local law, and shall cooperate with State and local govern19 ments in its conduct of such functions. 

20 (d) EMERGENCY HEALTH CARE SERVICES.—The 

21 Service shall provide, at rates established by the National 

22 Health Board, for reimbursement of the cost of emergency 

23 health care services furnished in facilities not operated by 

24 the Service or by health workers not employed by the Serv25 ice, when an injury or acute illness requires immediate 


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1 medical attention under circumstances making it medi2 cally impractical for the ill or injured individual to receive 

3 care in a Service facility or by an employee of the Service. 

4 Subtitle C—Health Care Facilities 

5 and Delivery of Health Care 

6 Services 

7 SEC. 221. ESTABLISHMENT OF HEALTH CARE FACILITIES 

8 AND DISTRIBUTION OF DELIVERY OF 

9 HEALTH CARE AND OTHER SERVICES. 

10 (a) HEALTH SERVICE AREAS.—The National Health 

11 Board, in consultation with local authorities and residents 

12 of the local communities affected, shall establish such 

13 health care facilities as are necessary to provide all nec14 essary comprehensive primary and specialized health care 

15 services, including distributing such health care resources 

16 in a manner as to overcome present shortages and ensure 

17 equitable access for every resident to needed health care 

18 resources. In establishing such facilities, the National 

19 Health Board shall rely primarily on existing political 

20 boundaries for the purposes of allocating health services, 

21 including cities, counties, perinatal services regions, 

22 States, and Federal Medicare regions, and shall determine 

23 the need to establish additional or supplementary regional 

24 health service areas that may cross existing boundaries. 

25 (b) HEALTH CARE FACILITIES.— 


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1 (1) IN GENERAL.—The National Health Board 

2 and its local authorities shall, not later than the ef3 fective date of health services and to the maximum 

4 extent feasible, establish and maintain such health 

5 care facilities as are necessary for the efficient and 

6 effective delivery to individuals of comprehensive pri7 mary health care services (defined in paragraph (2)), 

8 specialized health care services (defined in para9 graph (3)), special services (defined in paragraph 

10 (4)), and community-oriented health measures (de11 fined in paragraph (5)). Such health care facilities 

12 shall be established and maintained in a manner 

13 that, as soon as possible and to the greatest extent 

14 feasible, provides services in each community 

15 through a single comprehensive health center. 

16 (2) COMPREHENSIVE PRIMARY HEALTH CARE

17 SERVICES DEFINED.—As used in paragraph (1), the 

18 term ‘‘comprehensive primary health care services’’ 

19 means those basic outpatient health care services 

20 typically needed for the promotion of health and the 

21 prevention and treatment of common illnesses and 

22 includes the following health care services— 

23 (A) general primary medical and dental 

24 care, including diagnosis and treatment, routine 

25 physical examinations, laboratory, and 


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1 radiologic services, and home visits by health 

2 workers, as appropriate; 

3 (B) preventive health services, including at 

4 least immunizations, nutrition counseling and 

5 consultation, and periodic screening and assess6 ment services; 

7 (C) children’s health services, including as8 sessment of growth and development, education 

9 and counseling on childrearing and child devel10 opment, and school and day care center health 

11 services; 

12 (D) obstetrical and gynecological services, 

13 including family planning and contraceptive 

14 services, pregnancy (prenatal and postnatal) 

15 and abortion counseling and services; 

16 (E) comprehensive geriatric services; 

17 (F) vision and hearing examinations and 

18 provision of eyeglasses and other visual aids 

19 and hearing aids; 

20 (G) 24-hour emergency medical services; 

21 (H) provision of pharmaceuticals and 

22 therapeutic devices, and medical appliances and 

23 equipment; 

24 (I) mental health services, including psy25 chological and psychiatric counseling; 


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1 (J) home health services; and 

2 (K) occupational safety and health serv3 ices, including screening, diagnosis, treatment, 

4 and education. 

5 (3) SPECIALIZED HEALTH CARE SERVICES DE6 FINED.—As used in paragraph (1), the term ‘‘spe7 cialized health care services’’ means those health 

8 care services of a specialized nature (whether deliv9 ered in an inpatient or outpatient setting) which, ap10 plying guidelines established by the National Health 

11 Board, may be provided most effectively and effi12 ciently in a community setting. 

13 (4) SPECIAL SERVICES DEFINED.—As used in 

14 paragraph (1), the term ‘‘special services’’ means 

15 supportive services and the facilities (including nurs16 ing homes and multiservice centers) in which such 

17 services are provided for individuals who are phys18 ically or mentally handicapped, mentally ill, infirm, 

19 or chronically ill, so as to promote the integration 

20 and functioning of such individuals within the com21 munity. 

22 (5) COMMUNITY-ORIENTED HEALTH MEASURES

23 DEFINED.—As used in paragraph (1), the term 

24 ‘‘community-oriented health measures’’ includes ef25 forts to focus organized community activities upon 


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1 the promotion of health and the prevention of illness 

2 and injury, support for self-help and mutual aid 

3 groups offering health promotion and rehabilitative 

4 support programs; surveillance of potential threats 

5 to community health, and prompt action to protect 

6 against such threats, and includes outreach efforts 

7 to ensure that all residents are aware of and able to 

8 utilize the health services of the Service, as needed. 

9 (c) ALLOCATION OF HOSPITALS.—The National 

10 Health Board, in consultation with its local authorities, 

11 shall periodically determine the necessity to establish and 

12 maintain inpatient and other specialized health care facili13 ties in particular locations. Where found appropriate, it 

14 shall establish and maintain— 

15 (1) general hospitals for the efficient and effec16 tive delivery of health care services to individuals re17 quiring inpatient diagnosis, treatment, care, and re18 habilitation for injury or illness; and 

19 (2) such other health care facilities as are nec20 essary, using guidelines established by the National 

21 Health Board to promote the efficient and effective 

22 delivery of health care services. 

23 In addition, the Board shall distribute and provide such 

24 health care services of a specialized nature (whether delivVerDate Nov 24 2008 01:37 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000

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1 ered in an inpatient or outpatient setting) as may be pro2 vided most effectively and efficiently. 

3 (d) SPECIALIZED SERVICES.—The Board shall, not 

4 later than the effective date of health services, establish 

5 and maintain— 

6 (1) specialized medical facilities for the efficient 

7 and effective delivery of highly specialized health 

8 care services, using guidelines it shall establish, to 

9 individuals requiring highly specialized treatment, 

10 care, and rehabilitation for injury or illness; 

11 (2) health care and supplemental services for 

12 individuals whose health care are related to occupa13 tional or other factors, including individuals residing 

14 within a region on a temporary or seasonal basis (in15 cluding migratory agricultural workers) and individ16 uals confined to prisons and other correctional insti17 tutions; and 

18 (3) such other health care facilities as are nec19 essary to promote the efficient and effective delivery 

20 of health care services. 

21 (e) HEALTH SERVICES.—States and the National 

22 Health Board, through its local and regional authorities, 

23 shall provide the following through health care facilities 

24 established pursuant to this section: 


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1 (1) Health promotion through education on per2 sonal health matters, nutrition, the avoidance of ill3 ness, and the effective use of health care services 

4 with particular emphasis on the appropriate and safe 

5 use (discouraging the overuse) of drugs and medical 

6 techniques. 

7 (2) Maintenance and appropriate transmission 

8 and transferal of personal health records for each 

9 user of the services consistent with section 201(9). 

10 (3) Referral services, including referrals, where 

11 appropriate, to other health care facilities. 

12 (4) Supplemental services (described in section 

13 213(b)), as appropriate. 

14 (5) Assistance to individuals who, because of 

15 language or cultural differences or educational or 

16 other handicaps, are unable fully to utilize the serv17 ices available from and delivered by the Board. 

18 (6) Information (A) on the rights ensured 

19 under this Act, (B) on the guidelines and standards 

20 established by the Board, and (C) on how the Board 

21 is implementing such rights and applying such 

22 guidelines and standards. 

23 (7) Information on the grievance mechanisms 

24 established pursuant to subtitle A of title IV and on 


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1 legal services available to pursue grievances against 

2 the Board. 

3 (8) Environmental health inspection and moni4 toring services, including investigations relating to 

5 the prevention of communicable diseases, in coopera6 tion with State and local authorities. 

7 (9) Research and data gathering on the leading 

8 causes of ill health and injury and on health care de9 livery, in accordance with section 421. 

10 (10) In the case of each inpatient health care 

11 facility, discharge planning and followup services (A) 

12 to identify patients who will need continuing care 

13 after discharge from the facility, and (B) to plan, 

14 with the patient and the patient’s family, arrange15 ments and referrals to meet such postdischarge 

16 needs. 

17 (f) AUTHORITIES.— 

18 (1) EFFECTIVE DELIVERY.—In its establish19 ment of health care facilities, the National Health 

20 Board shall seek to minimize fragmentation and du21 plication in delivery of health care and other services 

22 so as to promote the effective and efficient delivery 

23 of such services. 


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1 (2) COORDINATION.—The Board shall provide 

2 mechanisms to coordinate care across political and 

3 geographic boundaries as necessary. 

4 (3) ASSURING AVAILABILITY AND ACCESSI5 BILITY OF SERVICES.—The Board shall take what6 ever additional steps are necessary to ensure that all 

7 of the health services required under this title are 

8 available and accessible in a timely manner to 

9 adults, infants, children, and individuals with dis10 abilities in its region. Toward that end, it shall— 

11 (A) ensure that users have access to a suf12 ficient number of each category of health work13 er, including primary care providers, specialists, 

14 and other health care professionals, in a man15 ner so that, to the maximum extent possible, 

16 such providers are geographically accessible to 

17 all residences and workplaces within the region 

18 and are culturally and linguistically appro19 priate; 

20 (B) ensure that services are available in a 

21 manner which ensures continuity of care, avail22 ability within reasonable hours of operation, 

23 and include emergency and urgent care services 

24 which shall be accessible at all times; 


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1 (C) ensure that any process established to 

2 coordinate care shall ensure ongoing direct ac3 cess to relevant specialists and shall not impose 

4 an undue burden on users with chronic health 

5 conditions; 

6 (D) ensure that appropriate steps are 

7 taken to eliminate any transportation or other 

8 barriers to the timely receipt of services; 

9 (E) ensure that a user who has a severe, 

10 complex, or chronic condition shall have access 

11 to the most appropriate health care coordinator 

12 (as defined in paragraph (4)(A)); and 

13 (F) ensure that priorities in the use of 

14 services and facilities shall be set by the appro15 priate health care professionals using criteria of 

16 medical necessity and that any limitations or 

17 delay in access to services shall be based only 

18 on limits of available service personnel and 

19 physical facilities. 

20 (4) DEFINITIONS.—For purposes of this sub21 section: 

22 (A) HEALTH CARE COORDINATOR.—The 

23 ‘‘health care coordinator’’ means a health work24 er who performs case management (as defined 

25 in subparagraph (B)) functions in consultation 


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1 with the health care team, the patient, family, 

2 and community. 

3 (B) CASE MANAGEMENT.—The term ‘‘case 

4 management’’ means a coordinated set of activi5 ties conducted for the management of an indi6 vidual user’s serious, complicated, protracted or 

7 chronic health conditions in order to ensure 

8 cost-effective and benefit maximizing treatment. 

9 (g) GUIDELINES.—The National Health Board shall 

10 establish guidelines for distribution and coordination of 

11 the delivery of health care and other services described in 

12 this section and shall, before the effective date of health 

13 services, plan and facilitate the transition to the new dis14 tribution of health care facilities and health workers to 

15 be effected on and after that date. 

16 (h) USE OF EVIDENCE-BASED CLINICAL DECISION

17 CRITERIA.— 

18 (1) IN GENERAL.—The National Health Board 

19 shall authorize the National Institute of Evaluative 

20 Clinical Research described in section 422 to estab21 lish evidence-based clinical decision criteria, where 

22 feasible, that shall apply throughout the Nation. 

23 (2) CLINICAL DECISION CRITERIA DEFINED.— 

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1 wise) screening procedures, decision abstracts, clin2 ical protocols, and practice guidelines used as an im3 portant basis to determine the necessity and appro4 priateness of health care services, in combination 

5 with the facts of particular cases, the judgment of 

6 health care professionals, and the preferences of 

7 users. Such criteria shall be clearly documented and 

8 available to all health workers and shall include a 

9 mechanism for periodically updating such criteria. 

10 (i) NOTICE OF DETERMINATIONS.—The National 

11 Health Board, and its local and regional authorities, shall 

12 provide users with timely notice of any determination to 

13 provide, deny, or delay provision of a service, and informa14 tion about the relevant clinical decision criteria upon 

15 which such determination is based, if any. Such notifica16 tion shall include information concerning the appropriate 

17 procedure to appeal such decision. 

18 (j) ACCOUNTABILITY.—In the case that the Health 

19 Service fails on the effective date of health services, to sub20 stantially and materially provide health care and supple21 mental services in accordance with this section, redress 

22 and alternative sources of care shall be authorized by an 

23 independent authority accountable to Congress and State 

24 legislatures. Such redress may include— 

25 (1) requiring the provision of services; and 


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1 (2) providing reimbursement for the provision 

2 of specified health care services in accordance with 

3 procedures and schedules in effect under title XVIII 

4 of the Social Security Act immediately before the ef5 fective date of health services. 

6 SEC. 222. OPERATION AND INSPECTION OF HEALTH CARE 

7 FACILITIES. 

8 (a) ESTABLISHMENT OF POLICIES.— 

9 (1) IN GENERAL.—Each health care facility 

10 shall be subject to policies and organizational plans 

11 consistent with this section and with parts A and C 

12 of title III (relating to the health labor force) for the 

13 operation of such facility and shall establish proce14 dures to ensure that the facility is operated in ac15 cordance with such policies and plans. 

16 (2) HEALTH WORKER AND USER CONTROL.— 

17 The National Health Board and its regional and 

18 local authorities shall establish policies and mecha19 nisms for control of health care facilities by health 

20 care workers who are employed in, and users who re21 ceive services from, the respective facility, and shall 

22 promulgate rules preventing a financial conflict of 

23 interest by decisionmaking bodies. 

24 (b) EMPLOYMENT RESTRICTIONS.— 


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1 (1) IN GENERAL.—No individual entitled to 

2 make decisions regarding establishment, allocation, 

3 or operation of a health facility may engage in the 

4 private delivery of health care services. 

5 (2) PRIVATE DELIVERY OF HEALTH CARE

6 SERVICES DEFINED.—For the purposes of this sub7 section, the term ‘‘private delivery of health care 

8 services’’ means the delivery of health care services 

9 for which an individual, group, or organization re10 ceives remuneration from any source other than the 

11 Health Service Trust Fund established in section 

12 511. 

13 (c) OPERATIONS OF HEALTH CARE FACILITIES.— 

14 (1) HOURS OF OPERATION.—Any health care 

15 facility which provides health care services on an 

16 outpatient basis shall be open during hours that will 

17 permit all users to make use of such services. 

18 (2) EFFECTIVE DELIVERY.—In its establish19 ment of health care facilities under this section, the 

20 Board shall seek to minimize fragmentation and du21 plication in delivery of health care and other services 

22 so as to promote the effective and efficient delivery 

23 of such services. 


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1 SEC. 223. PROVISION OF HEALTH SERVICES RELATING TO 

2 REPRODUCTION AND CHILDBEARING. 

3 (a) PROVISION OF SERVICES.— 

4 (1) IN GENERAL.—The following services shall 

5 be provided: 

6 (A) FAMILY PLANNING.— 

7 (i) Complete information on contra8 ception and provision of birth control ma9 terials or medication of the individual’s 

10 choosing. 

11 (ii) Complete and effective evaluation 

12 and treatment of sexually transmitted dis13 eases and diseases of the reproductive or14 gans. 

15 (iii) Complete information and coun16 seling with respect to pregnancy, child17 bearing, and possible outcomes involving 

18 genetically induced anomalies. 

19 (B) PREGNANCY.— 

20 (i) Complete and effective pregnancy 

21 testing. 

22 (ii) Prenatal services, including phys23 ical examination, counseling, and instruc24 tion of expectant parents in nutrition, 

25 childrearing, and children’s health care 

26 services. 


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1 (iii) Safe, comfortable, and convenient 

2 abortion services. 

3 (iv) Counseling for women in conjunc4 tion with the provision of all gynecologic, 

5 female contraceptive, and abortion services 

6 and counseling for men on male fertility7 related services. 

8 (2) VOLUNTARY.—The services described in 

9 paragraph (1) shall be delivered without coercion or 

10 harassment, with complete confidentiality, and with11 out prior approval of individuals other than the indi12 vidual receiving the services. 

13 (3) ACCOMPANIMENT.—An individual shall be 

14 permitted to be accompanied by a person of the indi15 vidual’s choice during the provision of the services 

16 described in paragraph (1) to the extent this would 

17 not significantly increase the medical risk to the in18 dividual. 

19 (b) VOLUNTARY CONSENT.—No health care provider 

20 may perform upon an individual a treatment or procedure 

21 (other than a treatment or procedure required to preserve 

22 the life of the individual) which could reasonably be ex23 pected to affect the individual’s capacity to reproduce chil24 dren, unless— 


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1 (1) the individual has given voluntary written 

2 consent to the treatment or procedure after being 

3 given complete information on the effect of the 

4 treatment or procedure on the individual’s reproduc5 tive capacity, and on possible alternative treatments 

6 and procedures, at least 30 days before beginning 

7 the treatment or procedure, and 

8 (2) the individual has, after such 30-day wait9 ing period, again given written consent to the per10 formance of the treatment or procedure, except that 

11 in the case of a woman who has given initial written 

12 consent to a sterilization she may be sterilized in 

13 less than 30 days following such consent (but in no 

14 case in less than 72 hours)— 

15 (A) if she had given initial written consent 

16 at least 30 days before her anticipated delivery 

17 date, she delivers before the anticipated date, 

18 and the sterilization is performed at the time of 

19 delivery; 

20 (B) if she undergoes emergency abdominal 

21 surgery within the 30-day waiting period and 

22 the sterilization is concurrent with the abdom23 inal surgery; or 

24 (C) in the case of an elective sterilization 

25 procedure, such as tubal ligation or vasectomy, 


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1 that is scheduled and performed separately 

2 from the act of childbirth, where prior informed 

3 consent is provided and the procedure is per4 formed at the next subsequent or any later 

5 medical visit after informed consent is obtained. 

6 (c) BREAST CANCER TREATMENT.—The National 

7 Health Board shall insure that, before a mastectomy or 

8 other breast cancer treatment is performed on a woman, 

9 the woman shall be provided with complete information 

10 on the complete range of medical options available for 

11 treatment of her condition and the risks and side effects 

12 of each option and an opportunity to consult individuals 

13 of her choice, and shall have given voluntary written con14 sent to such procedure. 

15 (d) BIRTHING OPTIONS.—The National Health 

16 Board shall provide that a woman giving birth to an infant 

17 shall have the right to choose from a complete range of 

18 childbirth options including— 

19 (1) giving birth at home, in a birth center (if 

20 available), or in a hospital; 

21 (2) the presence during childbirth of a person 

22 or persons of her choosing; 

23 (3) the position for labor and delivery which she 

24 chooses; 

25 (4) caring for her infant at her bedside; 


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1 (5) feeding her infant according to the method 

2 and schedule of her choice; and 

3 (6) selecting the birth attendant of her own 

4 choice. 

5 She shall be provided with information on the benefits, 

6 risks, and side effects of each option and an opportunity 

7 to consult individuals and groups of her choosing for infor8 mation and assistance on these options. 

9 TITLE III—HEALTH LABOR 

10 FORCE 

11 Subtitle A—Job Categories and 

12 Certification 

13 SEC. 301. EFFECT OF STATE LAW. 

14 Notwithstanding any law of a State or political sub15 division to the contrary, the Service, acting in accordance 

16 with the provisions of this Act, shall be the sole judge of 

17 the qualifications of its employees. 

18 SEC. 302. QUALIFICATIONS OF HEALTH WORKERS. 

19 (a) CERTIFICATION OF COMPETENCE.—The National 

20 Health Board shall establish procedures which will ensure 

21 that, except in emergency situations, any work which is 

22 classified under a job category established under this sub23 title is performed by a health worker who at the time of 

24 such work was— 


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1 (1) certified (in accordance with this subtitle) 

2 as competent to perform the work under such job 

3 category, and 

4 (2) authorized to perform such work by the em5 ployer of such worker. 

6 (b) PERIODIC ASSESSMENTS.—There shall be peri7 odic review and assessment of the competency of such 

8 workers to perform the work within their job category, and 

9 opportunities for health workers to be assessed and cer10 tified with respect to skills required for advancement to 

11 other job categories. 

12 SEC. 303. ESTABLISHMENT OF JOB CATEGORIES AND CER13 TIFICATION STANDARDS. 

14 (a) IN GENERAL.— 

15 (1) CLASSIFICATION.—The National Health 

16 Board shall establish such guidelines for the classi17 fication, certification, and employment of health 

18 workers by job category as it determines to be nec19 essary— 

20 (A) to ensure that health workers who per21 form work for the Service which requires spe22 cialized skills have demonstrated that they pos23 sess such skills, 

24 (B) to expand the roles of health workers 

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1 livery to the maximum extent consistent with 

2 their skills, and 

3 (C) to provide for affiliation of health 

4 workers with health care facilities at the com5 munity, district, and regional levels. 

6 These guidelines shall permit alternative approaches 

7 to healing, and practitioners skilled in such ap8 proaches, when these approaches have not been dem9 onstrated to be injurious to health. 

10 (2) CONSIDERATIONS.—In establishing guide11 lines under paragraph (1), the National Health 

12 Board shall provide for (A) sufficient flexibility to 

13 permit utilization of health workers most effectively 

14 to meet the health needs of the region, and (B) suf15 ficient uniformity to permit mobility of health work16 ers among the regions. 

17 (b) CERTIFICATION STANDARDS.— 

18 (1) ESTABLISHMENT.—For each job category 

19 (other than a job category determined by the Na20 tional Health Board to involve highly specialized 

21 skills requiring advanced specialty training), the Na22 tional Health Board shall, taking into account the 

23 guidelines established under subsection (a), establish 

24 certification standards which shall specify— 


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1 (A) the functions performed by a health 

2 worker employed in such job category; 

3 (B) the skills required in the course of 

4 properly performing work under such job cat5 egory; 

6 (C) the initial and continuing training, ex7 perience, and performance which must be un8 dertaken or demonstrated by a health worker to 

9 achieve and maintain competency to perform 

10 the work within such job category; and 

11 (D) the curriculum which a health worker 

12 must follow in studies in a health team school 

13 (established under subtitle B) to demonstrate 

14 sufficient competence to satisfy the specification 

15 of subparagraph (C) for such job category. 

16 (2) SPECIFICATIONS.—For each job category 

17 established and determined by the National Health 

18 Board to involve highly specialized skills requiring 

19 advanced specialty training, the National Health 

20 Board shall make the specifications described in sub21 paragraphs (A) through (D) of paragraph (1). 

22 (3) PERIODIC REVIEW.—Standards for a job 

23 category under this subsection shall be periodically 

24 reviewed to supplement, modify, or eliminate such 


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1 standards as will facilitate the delivery of quality 

2 health care services under this Act. 

3 (4) QUALITY PROTECTION.— 

4 (A) PROHIBITION OF DOWNGRADES OF

5 LEVELS.—No individual health facility adminis6 trator is authorized to downgrade the level of 

7 skill, license or certification required to perform 

8 duties delineated by the Board. 

9 (B) REVIEW.— 

10 (i) REVIEW OF STAFFING CHANGES.— 

11 Upon enactment of this Act, the Board 

12 shall convene a national level task force to 

13 review the impact on the safety and health 

14 of patients and workers of downgrading 

15 and deskilling of health care job categories 

16 by replacing licensed with unlicensed work17 ers during the 1990s, particularly in the 

18 nursing area, and to recommend remedies 

19 as appropriate. 

20 (ii) WHISTLEBLOWER PROTECTION.— 

21 Health care workers who report com22 promises in the quality of care shall not be 

23 subjected to recriminations. 

24 (C) WORKFORCE STAFFING LEVELS.—The 

25 Board may establish health workforce staffing 


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1 levels as it determines will promote the delivery 

2 of quality health care services. 

3 Subtitle B—Education of Health 

4 Workers 

5 SEC. 311. HEALTH TEAM SCHOOLS. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Board shall establish a procedure for 

9 converting existing educational facilities for health 

10 services workers to create health team schools (each 

11 in this subtitle referred to as a ‘‘school’’) in accord12 ance with this section to provide programs of initial 

13 and continuing basic education in health care deliv14 ery for health workers in all job categories, and to 

15 provide initial continuing advanced education in 

16 health care specialties and health science specialty 

17 fields. Such schools shall be established and func18 tioning not later than 4 years after the effective date 

19 of health services. 

20 (2) USE OF FUNDS.—Schools shall be funded 

21 exclusively by the Service, shall not charge nor ac22 cept tuition or fees for enrollment, and shall provide 

23 each student with an adequate allowance for living 

24 expenses, educational supplies, and any child care 

25 expenses. 


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1 (b) OPERATIONAL PRINCIPLES.—Schools shall be op2 erated and maintained in accordance with the following 

3 principles: 

4 (1) The activities of each school shall be de5 signed to meet the health needs of the population. 

6 (2) The number of students enrolled in each 

7 educational program in a school shall be based on 

8 the needs for health workers within a given area, de9 fined by geographic and political boundaries. 

10 (3) Schools shall integrate the education of 

11 health workers in the different job categories (estab12 lished under subtitle A) so as to permit health work13 ers to be educated and certified for successively 

14 higher levels of health care work. 

15 (4) Each school’s admissions policies, cur16 riculum policies, faculty hiring procedures, and gov17 ernance plan shall be established and implemented 

18 in accordance with subsections (c) through (f), re19 spectively, and with the fullest possible participation 

20 of the community health workers, staff, and students 

21 in its region. 

22 (5) A school may not use individuals who are 

23 from low-income populations or minority groups, or 

24 who are women or confined in mental or penal insti25 tutions, as subjects for training or demonstration in 


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1 numbers that are disproportionate to their numbers 

2 in the population of the region, and may not use any 

3 individuals as subjects for training or demonstration 

4 in a manner beyond that required for the immediate 

5 purpose of the training or demonstration or without 

6 their explicit consent. 

7 The National Health Board shall establish, not later than 

8 one year after the effective date of health services, guide9 lines for the application of these principles and for the 

10 phased integration of health worker education programs, 

11 including medical, dental, osteopathic, and nursing school 

12 programs, in existence on the date of enactment of this 

13 Act into the schools established under this section. 

14 (c) ADMISSIONS POLICIES.—Admissions policies for 

15 education programs in schools shall— 

16 (1) emphasize previous health-related work ex17 perience, as evaluated by health workers (including 

18 peers), by individuals who have received health care 

19 services from the applicant, and by faculty members; 

20 (2) minimize the use of criteria of academic 

21 performance other than such criteria as have been 

22 shown to be significantly related to future work per23 formance; 


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1 (3) give preference to segments of the popu2 lation of the region underrepresented among health 

3 workers; 

4 (4) to the extent consistent with paragraph (3), 

5 provide for admission of individuals so that the stu6 dent body approximates the population of the region 

7 by race, sex, family income, and language; and 

8 (5) require that the applicant agree, if accepted 

9 into the school, to perform health care services in ac10 cordance with section 312. 

11 (d) CURRICULUM POLICIES.—The National Health 

12 Board, in consultation with its local and regional authori13 ties, shall establish and implement curriculum policies for 

14 educational programs in schools. Such policies shall— 

15 (1) give priority in study and field work to the 

16 leading causes of illness and death in the region, in17 cluding environmental, biological, and social deter18 minants of mortality and morbidity; 

19 (2) give special consideration to studying the 

20 social, as well as biological, causation and prevention 

21 of illness and disease, and to the differing health 

22 care needs of populations facing special health risks 

23 and having special cultures and lifestyles within the 

24 region; 


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1 (3) provide that all students shall take a com2 mon, initial sequence of courses and that students 

3 preparing for more advanced types of health work 

4 shall take studies that are progressively more spe5 cialized and differentiated; 

6 (4) emphasize work study experience in all 

7 types of health care facilities in the region, including 

8 community and workplace facilities, facilities for the 

9 aged, mentally ill, and mentally retarded, health care 

10 facilities in prisons and other correctional institu11 tions, alcohol and drug rehabilitation facilities, envi12 ronmental health facilities, and all other health care 

13 facilities of the Service in communities and districts 

14 in the region; 

15 (5) emphasize the appropriate and safe use, 

16 and discourage the overuse, of drugs and medical 

17 techniques; and 

18 (6) facilitate the development by all health 

19 workers of skills in decisionmaking and assessment 

20 of user needs in cooperation with other health work21 ers and with users. 

22 (e) FACULTY HIRING PROCEDURES.—Faculty hiring 

23 procedures in schools shall, to the maximum extent fea24 sible, create a faculty which approximates the population 

25 of the region by race, sex, and language. 


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1 (f) GOVERNANCE PLANS.—Governance plans for the 

2 management of a school shall give significant decision3 making powers to staff and students of the school. 

4 SEC. 312. SERVICE REQUIREMENT. 

5 (a) SERVICE REQUIREMENT.— 

6 (1) IN GENERAL.—No individual may be en7 rolled in a school unless the individual agrees to per8 form health care services as an employee of the 

9 Service in the job category for which training is 

10 being provided— 

11 (A) for a period of time equal to the period 

12 of such enrollment in the school but not less 

13 than 2 years; 

14 (B) beginning not later than 1 year after 

15 the date of the individual’s graduation from the 

16 school; and 

17 (C) for an area with the highest priority 

18 ranking under subsection (c) that agrees to em19 ploy the individual. 

20 (2) DEFERRAL.—An individual’s obligation to 

21 perform service under an agreement described in 

22 paragraph (1) shall be deferred only for a period 

23 during which the individual is physically or mentally 

24 incapable of performing such service. 


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1 (3) COMPLETION OF SERVICE REQUIRED.—No 

2 individual who has made an agreement described in 

3 paragraph (1) may be employed other than in ac4 cordance with subsection (c), until the individual has 

5 completed the period of obligated service in accord6 ance with this section. 

7 (4) PENALTY FOR BREACH OF AGREEMENT.— 

8 Except as provided in paragraph (5), if an individual 

9 breaches an agreement under paragraph (1) by fail10 ing (for any reason) either to begin such individual’s 

11 service obligation or to complete such service obliga12 tion, the Service shall be entitled to recover from the 

13 individual an amount determined in accordance with 

14 the formula A = C (1 ¥ s / (t)) in which— 

15 (A) ‘‘A’’ is the amount the Service is enti16 tled to recover; 

17 (B) ‘‘C’’ is an amount determined by the 

18 National Health Board to be the costs to the 

19 Service of the education program and allowance 

20 received by the individual and the interest on 

21 such costs which would be payable if at the 

22 time the costs were undertaken they were loans 

23 bearing interest at the maximum legal pre24 vailing rate, as determined by the Treasurer of 

25 the United States; 


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1 (C) ‘‘t’’ is the total number of months in 

2 the individual’s period of obligated service; and 

3 (D) ‘‘s’’ is the number of months of such 

4 period served by the individual. Any amount of 

5 damages which the Service is entitled to recover 

6 under this paragraph shall, within the 1-year 

7 period beginning on the date of the breach of 

8 the agreement, be paid to the Service. 

9 (5) CANCELLATION.— 

10 (A) UPON DEATH.—Any obligation of an 

11 individual under this subsection for service or 

12 payment of damages shall be canceled upon the 

13 death of the individual. 

14 (B) EXTREME HARDSHIP EXCEPTION.— 

15 The National Health Board shall provide for 

16 the waiver or suspension of any obligation of 

17 service or payment by an individual under this 

18 subtitle whenever compliance by the individual 

19 is impossible or would involve extreme hardship 

20 to the individual and if enforcement of such ob21 ligation with respect to any individual would be 

22 unconscionable. 

23 (C) LIMITATION ON DISCHARGE IN BANK24 RUPTCY.—Any obligation of an individual under 

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1 leased by a discharge in bankruptcy under title 

2 11 of the United States Code only if such dis3 charge is granted after the expiration of the 5- 

4 year period beginning on the first date that 

5 payment of such damages is required. 

6 (b) PERIODIC REASSESSMENT OF WORKER RA7 TIOS.—The National Health Board shall periodically as8 sess the ratio of the number of health workers employed 

9 by the Board in each job category (established under sub10 title A) in an area to the number of residents in the area. 

11 (c) WORKER MATCHES.—The National Health Board 

12 shall establish a program to match the locational pref13 erences of graduates of schools with the needs and pref14 erences of regions. 

15 SEC. 313. PAYMENT FOR CERTAIN EDUCATIONAL LOANS. 

16 (a) LOAN PAYMENT PROGRAM.—In the case of any 

17 individual who has incurred any educational loan before 

18 the fourth year after the effective date of health services 

19 and for the individual’s costs for an educational program 

20 in health care delivery, health care specialties, or health 

21 science specialty fields, the National Health Board shall 

22 make payments, in accordance with subsection (b), for and 

23 on behalf of that individual, on the principal of and inter24 est on any such loan which is outstanding on the date the 

25 individual begins to work for the Service. 


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1 (b) MAKING OF PAYMENT.—The payments described 

2 in subsection (a) shall be made by the National Health 

3 Board as follows: 

4 (1) Upon completion by the individual for whom 

5 the payments are to be made of the first year of em6 ployment with the Service, the National Health 

7 Board shall pay 30 percent of the principal of, and 

8 the interest on, each loan described in subsection (a) 

9 which is outstanding on the date he began such em10 ployment. 

11 (2) Upon completion by that individual of the 

12 second year of such employment, the National 

13 Health Board shall pay another 30 percent of the 

14 principal of, and the interest on, each such loan. 

15 (3) Upon completion by that individual of a 

16 third year of such employment, the National Health 

17 Board shall pay another 25 percent of the principal 

18 of, and the interest on, each such loan. 

19 (4) Upon completion by that individual of a 

20 fourth year of such employment, the National 

21 Health Board shall pay the remaining 15 percent of 

22 the principal of, and all remaining interest on, each 

23 such loan. 

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1 ment is to be made has submitted to the National Health 

2 Board a certified copy of the agreement under which such 

3 loan was made. 

4 (c) PAYMENT DURING EMPLOYMENT.—Notwith5 standing the requirement of completion of employment 

6 specified in subsection (b), the National Health Board 

7 shall on or before the due date thereof, pay any loan or 

8 loan installment which may fall due within the period of 

9 employment for which the borrower may receive payments 

10 under this section, upon the declaration of such borrower, 

11 at such times and in such manner as the National Health 

12 Board may prescribe (and supported by such other evi13 dence as the National Health Board may reasonably re14 quire), that the borrower is then employed as described 

15 in subsection (b) and that the borrower will continue to 

16 be so engaged for the period required (in the absence of 

17 this subsection) to entitle the borrower to have made the 

18 payments provided by this section for such period, except 

19 that not more than 85 percent of the principal of any such 

20 loan shall be paid pursuant to this subsection. 


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1 Subtitle C—Employment and 

2 Labor-Management Relations 

3 Within the Service 

4 SEC. 321. EMPLOYMENT, TRANSFER, PROMOTION, AND RE5 CEIPT OF FEES. 

6 (a) SERVICE EMPLOYEES.—The National Health 

7 Board shall employ, classify, and fix the salaries and bene8 fits of all employees of the Service employed in the Serv9 ice’s facilities. 

10 (b) POLICIES.—The National Health Board, in estab11 lishing guidelines and standards under this subtitle, shall, 

12 to the extent feasible and consistent with the provisions 

13 of this subtitle, provide for— 

14 (1) employment and promotion in the Service in 

15 the same manner as is provided for employment and 

16 promotion under the Federal civil service system; 

17 (2) meaningful opportunities for career ad18 vancement; 

19 (3) encouragement of health workers to use up 

20 to 10 percent of their work time for continuing edu21 cation under subtitle B without loss of pay or other 

22 job rights; and 

23 (4) full protection of employees’ rights by pro24 viding an opportunity for a fair hearing on adverse 

25 actions with representation of their own choosing. 


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1 (c) HIRING PREFERENCES.—The National Health 

2 Board, in hiring for employees to fill vacancies in newly 

3 created positions, shall give preference to individuals who 

4 were employed as health workers, or self-employed while 

5 delivering health services, before the date of enactment of 

6 this Act. The National Health Board shall ensure, through 

7 such steps as it deems necessary, that all such individuals 

8 desiring to be employed within the Service shall find ap9 propriate employment in the Service. 

10 (d) PROMOTION AND TRANSFER.—Employees of the 

11 Service shall be eligible for promotion or transfer to any 

12 position in the Service for which they are qualified. A job 

13 placement service in each region shall assist health work14 ers in its region in identifying suitable employment oppor15 tunities and in transferring between jobs. The authority 

16 given by this subsection shall be used to provide a max17 imum degree of career opportunities for employees and to 

18 ensure continued improvement of health care services. 

19 (e) NO UNDUE FINANCIAL INCENTIVES.—No health 

20 worker should benefit financially from the provision or de21 nial of services to individual patients, beyond their regular 

22 remuneration. 

23 (f) SOLE EMPLOYER.—An employee of the Service 

24 may not receive any fee or perquisite on account of duties 


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1 performed by virtue of such employment except from the 

2 Service. 

3 (g) GRANDFATHER CLAUSE.—The National Health 

4 Board shall support alternative procedures to assure that 

5 health care professionals meet required standards, par6 ticularly those currently practicing in health professional 

7 shortage areas in inner cities and in rural communities. 

8 (h) TRANSITIONAL EMPLOYMENT.—Up to 1 percent 

9 of the budget of the United States Health Service for each 

10 of its first 2 years may be expended for the retraining 

11 and hiring of sales, administrative, clerical, and service 

12 employees displaced as a result of this Act, including those 

13 in the health insurance industry. 

14 SEC. 322. APPLICABILITY OF LAWS RELATING TO FEDERAL 

15 EMPLOYEES. 

16 (a) IN GENERAL.—Chapter 75 of title 5, United 

17 States Code (relating to adverse actions against employ18 ees), apply to employees of the Service (other than employ19 ees serving on the personal staff of members of health 

20 boards) except to the extent provided— 

21 (1) in a collective bargaining agreement nego22 tiated on behalf of and applicable to them; or 

23 (2) in procedures established by the Service and 

24 approved by the Office of Personnel Management. 


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1 (b) COVERAGE UNDER WORKERS COMPENSATION.— 

2 Employees of the Service are covered by subchapter I of 

3 chapter 81 of title 5, United States Code (relating to com4 pensation for work injuries). 

5 (c) CIVIL SERVICE.— 

6 (1) APPLICATION OF CIVIL SERVICE RETIRE7 MENT.—Chapter 83 of title 5, United States Code 

8 (relating to civil service retirement), applies to em9 ployees of the Service except to the extent provided 

10 in a collective bargaining agreement negotiated on 

11 behalf of and applicable to them. 

12 (2) WITHHOLDING.—The Service shall withhold 

13 from pay and shall pay into the Civil Service Retire14 ment and Disability Fund the amounts specified in 

15 chapter 83 of title 5, United States Code, as re16 quired under paragraph (1). The Service, upon re17 quest of the Office of Personnel Management, but 

18 not less frequently than annually, shall pay to the 

19 Office the costs reasonably related to the adminis20 tration of Fund activities for employees of the Serv21 ice. 

22 (d) ACCRUAL OF SICK AND ANNUAL LEAVE.—Sick 

23 and annual leave and compensatory time of employees of 

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1 mencement of operations of the Service, shall be obliga2 tions of the Service. 

3 (e) APPLICATION OF CONDITIONS.— 

4 (1) TERMS OF EMPLOYMENT.—Compensation, 

5 benefits, and other terms and conditions of employ6 ment in effect on the effective date of health services 

7 for employees of the Federal Government performing 

8 functions that are provided under this Act by the 

9 Service, shall apply to all employees of the Service 

10 performing similar functions until changed by the 

11 Service in accordance with this Act. Subject to the 

12 provisions of this Act, the provisions of subchapter 

13 I of chapter 85 and chapter 87 of title 5, United 

14 States Code (relating to unemployment compensa15 tion and life insurance), apply to employees of the 

16 Service unless varied, added to, or substituted for in 

17 accordance with paragraph (2). 

18 (2) LIMITATION ON VARIATION.—No variation, 

19 addition, or substitution with respect to fringe bene20 fits shall result in a program of fringe benefits which 

21 on the whole is less favorable to employees of the 

22 Service than fringe benefits in effect for employees 

23 of the Federal Government on the effective date of 

24 health services. No variation, addition, or substi25 tution with respect to fringe benefits of employees 


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1 for whom there is a collective bargaining representa2 tive shall be made except by agreement between such 

3 representative and the Service. 

4 SEC. 323. APPLICABILITY OF FEDERAL LABOR-MANAGE5 MENT RELATIONS LAWS. 

6 (a) APPLICATION OF NLRA.— 

7 (1) IN GENERAL.—The provisions of the Na8 tional Labor Relations Act (42 U.S.C. 141 et seq.) 

9 shall apply to the Service and its employees to the 

10 extent, not inconsistent with subsection (b), to which 

11 such provisions apply to employers (as defined in 

12 section 2(2) of such Act), except that— 

13 (A) the phrase ‘‘or any individual employed 

14 as a supervisor’’ in section 2(3) of such Act 

15 shall not apply (thereby making such Act apply, 

16 for these purposes, to such individuals); 

17 (B) section 9(b)(1) of such Act (providing 

18 for separate treatment for professional and 

19 nonprofessional employees) shall not apply; 

20 (C) sections 206 through 210 of such Act 

21 (relating to national emergencies) shall, for pur22 poses of this Act, have the phrases ‘‘the Presi23 dent of the United States’’ and ‘‘the Presi24 dent’’, wherever they appear, replaced by the 

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1 mittee thereof to which it has delegated such 

2 authority)’’ and the phrase ‘‘national health or 

3 safety’’ replaced by the phrase ‘‘health or safety 

4 of the residents of any region’’; and 

5 (D) section 213 (providing for intervention 

6 in a strike or lockout by the Director of the 

7 Federal Mediation and Conciliation Service) 

8 shall not apply. 

9 (2) STRIKES PERMITTED.—Paragraphs (3) and 

10 (4) of section 7311 of title 5, United States Code 

11 (prohibiting participation in a strike or an organiza12 tion asserting the right to strike), shall not apply to 

13 employees of the Service. 

14 (b) NEUTRALITY IN UNION MATTERS.—The Na15 tional Health Board shall adopt as a matter of general 

16 policy that governing boards at each level of the Service, 

17 and employers acting as agents of these boards, agree to 

18 determine employee preference on the subject of labor 

19 union representation, and to determine which one if union 

20 representation is preferred, by a card check procedure con21 ducted by a neutral third party in lieu of a formal election. 

22 (c) COLLECTIVE BARGAINING.— 

23 (1) IN GENERAL.—Collective bargaining agree24 ments between the National Health Board and duly 

25 recognized bargaining representatives of employees 


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1 of the Service may include procedures for resolution 

2 by the parties of grievances and adverse actions aris3 ing under the agreement, including procedures cul4 minating in binding third party arbitration. 

5 (2) ALTERNATIVE PROCEDURES.—The National 

6 Health Board and duly recognized bargaining rep7 resentatives of employees of the Service may by mu8 tual agreement adopt procedures for the resolution 

9 by the parties— 

10 (A) of grievances and adverse actions aris11 ing under collective bargaining agreements, and 

12 (B) of disputes or impasses arising in the 

13 negotiation of such agreements. 

14 (d) CONFORMING AMENDMENT.—Section 3(e) of the 

15 Labor-Management Reporting and Disclosure Act of 1959 

16 (42 U.S.C. 402(e)) is amended by inserting ‘‘the United 

17 States Health Service and’’ after ‘‘and includes’’. 

18 SEC. 324. DEFENSE OF CERTAIN MALPRACTICE AND NEG19 LIGENCE SUITS. 

20 (a) EXCLUSIVE REMEDY.—The remedy against the 

21 United States provided by sections 1346(b) and 2672 of 

22 title 28, United States Code, or by alternative benefits 

23 provided by the United States where the availability of 

24 such benefits precludes a remedy under section 1346(b) 

25 of such title, for damage for personal injury, including 


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1 death, resulting from the performance of medical, surgical, 

2 dental, or related functions, including the conduct of clin3 ical studies or investigations, by any employee of the Serv4 ice while acting within the scope of the employee’s employ5 ment, shall be exclusive of any other civil action or pro6 ceeding by reason of the same subject matter against the 

7 employee (or the employee’s estate) whose act or omission 

8 gave rise to the claim. 

9 (b) DEFENSE.—The Attorney General shall defend 

10 any civil action or proceeding brought in any court against 

11 any person referred to in subsection (a) (or the person’s 

12 estate) for any such damage or injury. Any such person 

13 against whom such civil action or proceeding is brought 

14 shall deliver within such time after date of service or 

15 knowledge of service as determined by the Attorney Gen16 eral, all process served upon the person or an attested true 

17 copy thereof to the person’s immediate superior or to 

18 whomever was designated by the appropriate National 

19 Health Board to receive such papers and such person shall 

20 promptly furnish copies of the pleading and process there21 in to the United States attorney for the district embracing 

22 the place wherein the proceeding is brought, to the Attor23 ney General, and to the National Health Board. 

24 (c) PROCEDURE.— 


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1 (1) REMOVAL FROM STATE COURTS.—Upon a 

2 certification by the Attorney General that the de3 fendant was acting in the scope of employment at 

4 the time of the incident out of which the suit arose, 

5 any such civil action or proceeding commenced in a 

6 State court shall be removed without bond at any 

7 time before trial by the Attorney General to the dis8 trict court of the United States of the district and 

9 division embracing the place wherein it is pending 

10 and the proceeding deemed a tort action brought 

11 against the United States under the provision of 

12 title 28, United States Code, and all references 

13 thereto. 

14 (2) MOTIONS TO REMAND.—If a United States 

15 district court determines on a hearing on a motion 

16 to remand held before a trial on the merits that the 

17 case so removed is one in which a remedy by suit 

18 within the meaning of subsection (a) is not available 

19 against the United States, the case shall be re20 manded to the State court. 

21 (3) EFFECT OF ALTERNATIVE REMEDIES.— 

22 Where a remedy by suit within the meaning of sub23 section (a) is not available because of the availability 

24 of a remedy through proceedings for compensation 

25 or other benefits from the United States as provided 


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1 by any other law, the case shall be dismissed, but in 

2 the event the running of any limitation of time for 

3 commencing, or filing an application or claim in, 

4 such proceedings for compensation or other benefits 

5 shall be deemed to have been suspended during the 

6 pendency of the civil action or proceeding under this 

7 section. 

8 (d) SETTLEMENT.—The Attorney General may com9 promise or settle any claim asserted in such civil action 

10 or proceeding in the manner provided in section 2677 of 

11 title 28, United States Code, and with the same effect. 

12 (e) LIMITATION.—For purposes of this section, the 

13 provisions of section 2680(h) of title 28, United States 

14 Code, shall not apply to assault or battery arising out of 

15 negligence in the performance of medical, surgical, dental, 

16 or related functions, including the conduct of clinical stud17 ies or investigations. 

18 (f) LIABILITY INSURANCE.—The appropriate Na19 tional Health Board may, to the extent it deems appro20 priate, hold harmless or provide liability insurance for any 

21 employee of the Service for damage for personal injury, 

22 including death, negligently caused by such employee while 

23 acting within the scope of employment and as a result of 

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1 vestigations, if the employee is assigned to a foreign coun2 try or detailed to a State or political subdivision thereof 

3 or to a nonprofit institution, and if the circumstances are 

4 such as are likely to preclude the remedies of third persons 

5 against the United States described in section 2679(b) of 

6 title 28, United States Code, for such damage or injury. 

7 TITLE IV—OTHER FUNCTIONS 

8 OF HEALTH BOARDS 

9 Subtitle A—Advocacy, Grievance 

10 Procedures, and Trusteeships 

11 SEC. 401. ADVOCACY AND LEGAL SERVICES PROGRAM. 

12 (a) ESTABLISHMENT OF PROGRAM.—The National 

13 Health Board shall establish a program of health advocacy 

14 to ensure the full realization of the patient rights enumer15 ated in subtitle A of title II. Such a program shall in16 clude— 

17 (1) the employment of individuals having basic 

18 legal knowledge and skills as health advocates; 

19 (2) the presence of health advocates— 

20 (A) in inpatient health care facilities at all 

21 times; and 

22 (B) in other health care facilities during 

23 the provision of health care services; 

24 (3) provision for health advocates to (A) in25 form, on an ongoing basis, users and health workers 


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1 of such patient rights and (B) report to the National 

2 Health Board any infraction of such rights which is 

3 not promptly corrected; 

4 (4) provision for regular meetings between 

5 health workers and health advocates, users, and any 

6 user representatives to discuss ways of ensuring the 

7 fulfillment of such rights through affirmative action 

8 of such workers and the National Health Board; and 

9 (5) appropriate action by the National Health 

10 Board to ensure that infractions of such rights are 

11 promptly and sufficiently corrected. 

12 (b) HEALTH RIGHTS LEGAL SERVICES.— 

13 (1) ESTABLISHMENT OF PROGRAM.—The Na14 tional Health Board shall establish a health rights 

15 legal services program and shall provide such pro16 gram with sufficient legal and administrative per17 sonnel, funding, and facilities (A) to ensure that 

18 users and health workers receive, free of charge, 

19 high quality legal services (including representation 

20 in grievance proceedings commenced under section 

21 402) for legal problems related to health rights and 

22 health care services, and (B) to improve, through 

23 litigation and other activities, the health care system 

24 and expand the rights of users and health workers. 


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1 (2) SERVICES.—The health rights legal services 

2 program shall provide directly, by contract with the 

3 Legal Services Corporation, or by contract with 

4 members of the private bar, for— 

5 (A) establishment of a legal services office 

6 in each region to provide representation (other 

7 than representation provided under subpara8 graph (B)) of users, health workers, and vol9 untary associations having a demonstrated in10 terest in health care in proceedings and hear11 ings under sections 324 and 402; and 

12 (B) establishment of legal services offices 

13 in such communities and districts as are deter14 mined, in accordance with guidelines established 

15 by the National Health Board, to have inad16 equate legal services to provide the legal serv17 ices described in paragraph (1)(A). 

18 (3) USE OF CONTRACTS.—The National Health 

19 Board may carry out the functions described in 

20 paragraph (1)(B) directly, by contract, or otherwise. 

21 SEC. 402. GRIEVANCE PROCEDURES. 

22 (a) GRIEVANCE PROCEEDINGS.— 

23 (1) IN GENERAL.—The National Health Board 

24 shall provide, in accordance with this section, that 

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1 ing a demonstrated interest in health care may com2 mence a grievance proceeding before the Board (or 

3 a person or committee designated by such Board) 

4 with respect to an alleged violation of this Act. The 

5 National Health Board may commence a grievance 

6 proceeding before itself (or a person or committee 

7 designated by such Board) with respect to an alleged 

8 violation of this Act. 

9 (2) GRIEVANCES AGAINST NATIONAL HEALTH

10 BOARD.—Grievances against the National Health 

11 Board may be presented to and adjudicated by the 

12 Inspector General for Health Services or the Inspec13 tor’s General local designees. Grievants shall also 

14 have access to review in the courts. 

15 (b) REVIEW.— 

16 (1) BY NATIONAL HEALTH BOARD.—The Na17 tional Health Board shall provide, subject to para18 graphs (2) and (3), for its review (or a review by a 

19 person or committee designated by the Board), by 

20 appeal to the Board by any party to a proceeding 

21 described in subsection (a)(1) or on its own initia22 tive, of an adverse decision. 

23 (2) LIMITATION ONCE SUIT COMMENCED.—On 

24 and after the date a suit with respect to an adverse 

25 determination in a grievance proceeding or review 


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1 proceeding is filed under subsection (e), no review 

2 proceeding respecting such proceeding may be com3 menced by appeal to the Board under paragraph (1), 

4 and any such review proceeding which was com5 menced by appeal to the Board under such para6 graph before the date of filing of such suit and is 

7 pending on such date shall promptly be discon8 tinued. 

9 (3) TIME LIMIT.—No review of an adverse ad10 ministrative decision may be made by appeal or by 

11 initiative under this subsection unless the appeal is 

12 filed or notice of the initiative is published (as the 

13 case may be) not later than 30 days after the publi14 cation of the decision. 

15 (c) INVESTIGATION.—Whenever a grievance pro16 ceeding is commenced under subsection (a), the entity be17 fore which the proceeding is held shall investigate the 

18 grievance. 

19 (d) RIGHT TO SUE.—Any party to a grievance pro20 ceeding or review proceeding commenced under this sec21 tion may bring suit in the United States district court for 

22 the judicial district in which such proceeding, or review 

23 proceeding, was brought, for the review of an adverse de24 termination in such proceeding or review proceeding. Such 

25 court shall affirm such determination unless it finds that 


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1 such determination is not supported by substantial evi2 dence or is arbitrary and capricious. 

3 Subtitle B—Occupational Safety 

4 and Health Programs 

5 SEC. 411. FUNCTIONS OF THE NATIONAL HEALTH BOARD. 

6 (a) OVERSIGHT AUTHORITY.—On and after the effec7 tive date of health services, the National Health Board 

8 shall oversee occupational safety and health programs con9 ducted at the regional level, and shall participate in the 

10 establishment and administration of occupational safety 

11 and health standards under the Occupational Safety and 

12 Health Act of 1970. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) IN GENERAL.—To provide for participation 

15 of the National Health Board in the establishment 

16 and administration of occupational safety and health 

17 standards, the Occupational Safety and Health Act 

18 of 1970 (29 U.S.C. 651 et seq.) is amended— 

19 (A) in section 3, by adding at the end the 

20 following new paragraph: 

21 ‘‘(15) The term ‘National Health Board’ means 

22 the National Health Board of the United States 

23 Health Services.’’; 

24 (B) by striking ‘‘Secretary of Health and 

25 Human Services’’ each place it appears (other 


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1 than in section 22(b)) and inserting ‘‘National 

2 Health Board’’; 

3 (C) in the first sentence of section 6(b)(1), 

4 by inserting ‘‘shall request the National Health 

5 Board and’’ before ‘‘may request’’; 

6 (D) in the second sentence of section 

7 6(b)(1), by inserting ‘‘the Board and’’ after 

8 ‘‘The Secretary shall provide’’; 

9 (E) in the third sentence of section 

10 6(b)(1), by striking ‘‘An’’ and inserting ‘‘The 

11 Board and an’’; 

12 (F) in the third sentence of section 

13 6(b)(1), by striking ‘‘its’’ each place it appears 

14 and inserting ‘‘their’’; 

15 (G) in the fourth sentence of section 

16 6(b)(6)(A), by inserting ‘‘after consultation 

17 with the National Health Board and’’ after 

18 ‘‘may be granted only’’; 

19 (H) in the third sentence of section 6(d), 

20 by inserting ‘‘after consultation with the Na21 tional Health Board and’’ before ‘‘after oppor22 tunity for’’; 

23 (I) in section 8(g)(2), by striking ‘‘The 

24 Secretary’’ and all that follows through ‘‘shall 

25 each’’ and inserting ‘‘The Secretary shall’’; 


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1 (J) in section 8(g)(2), by striking ‘‘their’’ 

2 and inserting ‘‘his’’; 

3 (K) in section 16, by inserting ‘‘after con4 sultation with the National Health Board and’’ 

5 before ‘‘after notice and opportunity’’; 

6 (L) in section 18(c), by inserting ‘‘(after 

7 consultation with the National Health Board)’’ 

8 after ‘‘in his judgment’’; 

9 (M) in section 19(d), by inserting ‘‘and the 

10 National Health Board’’ after ‘‘Secretary’’ each 

11 place it appears; and 

12 (N) in section 20(a), by striking the first 

13 sentence of paragraph (5). 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall take effect on the effective 

16 date of health services. 

17 (c) GUIDELINES.—The National Health Board shall 

18 establish guidelines— 

19 (1) for its participation in the establishment 

20 and administration of occupational safety and health 

21 standards under the Occupational Safety and Health 

22 Act of 1970; and 

23 (2) for the establishment and operation of 

24 workplace health facilities under section 413. 


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1 SEC. 412. COMMUNITY OCCUPATIONAL SAFETY AND 

2 HEALTH ACTIVITIES. 

3 The Occupational Safety and Health Administration, 

4 under the direction of the National Health Board, shall 

5 develop and provide staff support for local and regional 

6 occupational safety and health programs, to include com7 munity-based occupational safety and health councils that 

8 represent community workers and residents. Such pro9 grams shall— 

10 (1) promote and assist in the establishment of 

11 workplace occupational safety and health committees 

12 in workplaces in the community, and advise and fa13 cilitate such committees’ actions relating to safety 

14 and health hazards in workplaces in the community; 

15 (2) assist employees in determining methods of, 

16 and requirements for, inspections of workplaces in 

17 the community for safety and health hazards; 

18 (3) implement training programs to enhance 

19 the ability of employees in the region to monitor 

20 safety and health conditions in their workplaces and 

21 to assist safety and health inspectors in the conduct 

22 of workplace inspections; 

23 (4) facilitate communication among workers 

24 employed in similar industries in the region and the 

25 Nation with respect to occupational health and safe26 ty hazards they face in common; 


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1 (5) conduct baseline and periodic biologic 

2 screening of employees in the region; 

3 (6) develop and maintain environmental moni4 toring programs to identify and isolate hazardous 

5 workplaces and work areas in the region; and 

6 (7) analyze employment-related injuries and ill7 nesses occurring in the region. 

8 SEC. 413. WORKPLACE HEALTH FACILITIES. 

9 (a) ESTABLISHMENT.—The Occupational Safety and 

10 Health Administration, under the direction of the Na11 tional Health Board, shall develop a program to establish 

12 worksite health facilities, distributed to make available oc13 cupational and emergency health care services to individ14 uals employed in the workplace in accordance with this 

15 section and guidelines and standards for such facilities es16 tablished by the National Health Board. Such facilities 

17 may be maintained by each employer where the facility 

18 is located, or by the group of employers covered by a facil19 ity. 

20 (b) APPLICATION OF GUIDELINES.—Each workplace 

21 health facility established pursuant to subsection (a) shall, 

22 taking into account guidelines established by the National 

23 Health Board— 

24 (1) be organized in a manner so as to provide 

25 an appropriate number of appropriately skilled 


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1 health workers to meet occupational and emergency 

2 health care needs of employees in the workplace; and 

3 (2) be operated by the community for the com4 munity in which the workplace is predominantly lo5 cated, or, where the National Health Board or its 

6 local authority deems appropriate, by the employer, 

7 with the cost in either case borne by the employer 

8 in each workplace. 

9 SEC. 414. EMPLOYEE RIGHTS RELATING TO OCCUPATIONAL 

10 SAFETY AND HEALTH. 

11 (a) WORKPLACE COMMITTEES.— 

12 (1) ESTABLISHMENT.—Employees in each 

13 workplace having 25 or more employees shall have 

14 the right to establish workplace occupational safety 

15 and health committees (each in this subsection re16 ferred to as a ‘‘committee’’) with members of their 

17 choosing. 

18 (2) MEMBERSHIP.—Members of committees 

19 (composed of the greater of 3 members or one mem20 ber for each 100 employees in the workplace) shall, 

21 without any loss of pay or other job rights— 

22 (A) be permitted to spend eight hours of 

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1 tional safety and health as are determined by 

2 the employees in the workplace; and 

3 (B) be permitted to accompany any safety 

4 and health inspectors during inspections of the 

5 workplace. 

6 (b) SAFETY-RELATED RIGHTS.—Employees in each 

7 workplace shall have the right, without any loss of pay 

8 or other job rights— 

9 (1) to monitor safety and health conditions in 

10 their workplace whenever they reasonably deem it 

11 necessary and with whatever reasonable scientific in12 struments and expert assistance they choose; and 

13 (2) to remove themselves from the site of any 

14 hazard to their safety or health until an authorized 

15 inspector has certified that the hazard has been 

16 eliminated. 

17 (c) SAFE WORKPLACES.—Employers shall adopt all 

18 feasible engineering measures that will minimize occupa19 tional safety and health hazards in the workplace. Where 

20 such measures are not adequate to protect employees from 

21 such hazards, employers shall furnish their employees 

22 with, or reimburse their employees for the reasonable cost 

23 of, equipment and clothing needed to protect an employee 

24 from any residual occupational safety and health hazards 

25 in the workplace. 


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1 (d) RIGHT TO INSPECT MEDICAL RECORDS.—Em2 ployees or their duly chosen representatives shall have the 

3 right to inspect all medical records maintained by their 

4 employers on the condition of their health, and shall have 

5 the right to be assisted during such inspections by persons 

6 of their choosing. 

7 (e) COPIES OF REPORTS.—Employers shall provide 

8 their employees with copies of all reports, studies, and 

9 data concerning conditions affecting the health and safety 

10 of employees within their workplaces, with annual reports 

11 on the morbidity and mortality experience of present and 

12 former employees, and with timely notification of the pres13 ence within the workplace of any materials, agents, or con14 ditions which may have a deleterious effect on the safety 

15 and health of their employees, along with relevant infor16 mation on hazards and precautions, symptoms, remedies, 

17 and antidotes. 

18 (f) RIGHT TO NEGOTIATE STANDARDS.—Employees 

19 shall have the right to seek, through collective bargaining, 

20 occupational safety and health standards, including stand21 ards relating to physical and mental stress and speed of 

22 work, more restrictive than such standards established 

23 under the Occupational Safety and Health Act of 1970. 


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1 SEC. 415. DEFINITIONS. 

2 (a) WORKPLACE.—For purposes of this subtitle, the 

3 term ‘‘workplace’’ means the regular location where work 

4 is performed by one or more employees of an employer. 

5 (b) EMPLOYER; EMPLOYEE.—For the purposes of 

6 sections 413 and 414, the terms ‘‘employer’’ and ‘‘em7 ployee’’ have the same meanings those terms have in sec8 tion 3 of the Occupational Safety and Health Act of 1970 

9 (42 U.S.C. 653). 

10 Subtitle C—Health and Health 

11 Care Delivery Research, Quality 

12 Assurance, and Health Equity 

13 SEC. 421. PRINCIPLES AND GUIDELINES FOR RESEARCH. 

14 (a) CONDUCT.—On and after the effective date of 

15 health services, the Service shall conduct a program of re16 search concerning health and health care delivery. On and 

17 after 2 years after such date, such research program shall 

18 conform to the following principles: 

19 (1) The research shall, to the maximum extent 

20 possible, be performed under the direction of, and in 

21 association with, agencies representative of the popu22 lation. 

23 (2) No research shall be conducted within, or 

24 using the resources of, an area health facility until 

25 it has been reviewed and approved by the National 


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1 Health Board, or a designated local authority re2 sponsible for such facility. 

3 (3) Priority shall be given in health research to 

4 the prevention and correction of the leading causes 

5 of illness and death, particularly environmental, oc6 cupational, nutritional, social, and economic causes. 

7 (4) Priority shall be given in health care deliv8 ery research to improvement of the effectiveness and 

9 efficiency of ambulatory and primary health care de10 livery, including research on alternative systems of 

11 health care delivery and alternative conceptions of 

12 health and health care. 

13 (5) The National Health Board shall encourage 

14 and support the conduct of clinical trials that may 

15 improve the health of the public. Any clinical trial 

16 conducted with the intention of evaluating new pre17 ventive, diagnostic, or therapeutic methods or agents 

18 shall be conducted only in accordance with estab19 lished ethical procedures that protect subjects from 

20 undue harm. If benefit becomes apparent, by sci21 entific consensus, before the scheduled conclusion of 

22 any clinical trial, such trial shall nevertheless be ter23 minated, and the benefit made available to trial par24 ticipants and the public at large. 


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1 (6) No research shall be conducted on a human 

2 subject without the subject’s informed written con3 sent. 

4 (7) No research shall be conducted on a human 

5 subject while the subject is involuntarily confined to 

6 an institution. 

7 (8) The planning and conduct of research under 

8 the program, shall take place in cooperation with ap9 propriate officials conducting related research in the 

10 Federal Government and agencies and departments 

11 of State, territorial, and local governments. 

12 (9) The results of research shall be dissemi13 nated to the public and to National Health Board in 

14 a manner that will most readily permit the use of 

15 such results to improve the health of users and the 

16 delivery of health care services. 

17 (b) GUIDELINES.—The National Health Board shall 

18 establish guidelines for the conduct of research in con19 formance with the principles described in subsection (a). 

20 SEC. 422. ESTABLISHMENT OF INSTITUTES. 

21 (a) IN GENERAL.—On the effective date of health 

22 services, the agencies of the Department of Health and 

23 Human Services that conduct research on health and 

24 health care are transferred to the National Health Board. 

25 These include the Agency for Healthcare Research and 


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1 Quality, the Agency for Toxic Substances and Disease 

2 Registry, the Centers for Disease Control and Prevention, 

3 the National Institutes of Health (established under title 

4 IV of the Public Health Service Act), and the Substance 

5 Abuse and Mental Health Services Administration. In ad6 dition, the National Health Board shall establish the fol7 lowing institutes: 

8 (1) NATIONAL INSTITUTE OF EPIDEMIOLOGY.— 

9 A National Institute of Epidemiology, which shall— 

10 (A) gather and analyze disease-related sta11 tistics collected by the Service; 

12 (B) plan, conduct, support, and assist in 

13 epidemiologic research conducted by the Serv14 ice; 

15 (C) conduct and support research on epi16 demiologic methodology and experimental epide17 miology; 

18 (D) establish and maintain an early warn19 ing system for the detection of new diseases 

20 and epidemics; 

21 (E) assist in the formulation of policies to 

22 eliminate or reduce the causes of illness and in23 jury and to prevent and curtail epidemics of 

24 these conditions; and 


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1 (F) provide technical assistance and sup2 port to regional and local jurisdictions related 

3 to measures to prevent and curtail outbreaks of 

4 illness and injury. 

5 (2) NATIONAL INSTITUTE OF EVALUATIVE

6 CLINICAL RESEARCH.—A National Institute of Eval7 uative Clinical Research, which shall— 

8 (A) create a uniform electronic data base 

9 for research on quality improvement in clinical 

10 care and the organization and delivery of serv11 ices, and for research on outcomes of care; 

12 (B) assess and analyze evidence on newly 

13 discovered or proposed preventive, diagnostic, 

14 and therapeutic methods and agents, including 

15 new technologies, and assist the National 

16 Health Board, in cooperation with other bodies, 

17 including the National Institute of Pharmacy 

18 and Medical Supply, in developing guidelines 

19 and standards for their introduction; 

20 (C) analyze evidence on newly discovered 

21 or proposed preventive, diagnostic, and thera22 peutic methods and agents; 

23 (D) plan and conduct clinical trials, in con24 formance with the limitations of subtitle A of 

25 title II; 


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1 (E) assist the National Health Board, in 

2 cooperation with other bodies, including the Na3 tional Institute of Pharmacy and Medical Sup4 ply, in developing guidelines and standards for 

5 the introduction of new methods of prevention, 

6 diagnosis, and treatment; 

7 (F)(i) regularly assess and recommend 

8 measures to improve the health status of the 

9 population, which methods shall include anal10 ysis of the national health data base, regular 

11 surveys of the population regarding their expe12 rience and evaluation of their health and health 

13 services, and such other methods as designated 

14 by the Institute; 

15 (ii) identify the most effective methods of 

16 prevention, diagnosis and treatment, as deter17 mined by the most recent evidence, and assist 

18 the National Health Board, in cooperation with 

19 other bodies, in establishing guidelines to im20 prove clinical practice, including clinical deci21 sion criteria per section 221(f); 

22 (iii) regularly monitor and report to the 

23 National Health Board for further action the 

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1 service and overservice, and its consequences; 

2 and 

3 (iv) develop additional methods of quality 

4 improvement for implementation by the Na5 tional Health Board and other entities, includ6 ing systematic review of patterns of practice 

7 that compromise the quality of care and rec8 ommendations to redress such practices, edu9 cation for health care workers to improve the 

10 quality of care, and guidelines for the optimal 

11 organization of health services and the use of 

12 tertiary care facilities; 

13 (G) administer the periodic convening of 

14 the U.S. Preventive Health Services Task 

15 Force, which shall recommend to the National 

16 Health Board a schedule for preventive health 

17 services based on age and sex, which schedule 

18 shall reflect the most recent medical evidence; 

19 and 

20 (H) provide education for users on clinical 

21 effectiveness guidelines and the most effective 

22 preventive, diagnostic, and treatment practices. 

23 (3) NATIONAL INSTITUTE OF HEALTH CARE

24 SERVICES.—A National Institute of Health Care 

25 Services, which shall— 


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1 (A) analyze data and statistics on the 

2 health care resources and needs of the Nation 

3 and on the quality of present services; 

4 (B) conduct comparative studies of health 

5 care services in the various regions of the Na6 tion, and make recommendations for the im7 provement of health care services in areas with 

8 inferior quality of health care services; 

9 (C) plan and conduct research on alter10 native methods of health care delivery, on the 

11 functions, tasks, performance and work rela12 tionships of various kinds and categories of 

13 health workers, on patterns of organization of 

14 health care, and on the effectiveness and bene15 fits of health care in relation to costs; and 

16 (D) assist the National Health Board in 

17 formulating national policies to improve the 

18 quality of health care services. 

19 (4) NATIONAL INSTITUTE OF PHARMACY AND

20 MEDICAL SUPPLY.—A National Institute of Phar21 macy and Medical Supply, which shall— 

22 (A) recommend to the National Health 

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1 vices, appliances and equipment to be used by 

2 the Service; 

3 (B) certify drugs, therapeutic devices, ap4 pliances, and equipment for use in the health 

5 facilities of the Service, and for furnishing to 

6 users of such health facilities; 

7 (C) assist the National Health Board in 

8 issuing a National Pharmacy and Medical Sup9 ply Formulary; and 

10 (D) conduct a comprehensive program of 

11 pharmaceutical and medical supply research 

12 and utilization education using regional facili13 ties to the maximum extent possible. 

14 (5) NATIONAL INSTITUTE OF SOCIOLOGY OF

15 HEALTH AND HEALTH CARE.—A National Institute 

16 of Sociology of Health and Health Care, which 

17 shall— 

18 (A) conduct ongoing analyses of the basic 

19 epistemological assumptions of health and 

20 health care; 

21 (B) assess critically the effects of scientific 

22 medicine and of divisions in institutional and 

23 technical skills in health care; 


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1 (C) evaluate the effects of health care 

2 measures and policies upon population groups 

3 and subgroups in the Nation; 

4 (D) identify and analyze the social, cul5 tural, economic, occupational, distributional, 

6 and environmental factors in modern society af7 fecting health and well-being; 

8 (E) analyze alternative, holistic approaches 

9 to the human body, health, and causality of ill 

10 health and the lack of social and psychological 

11 well-being; and 

12 (F) assist the National Health Board in 

13 formulating national policies relating to the pro14 motion of health and the provision of health 

15 care. 

16 (b) COORDINATION OF EFFORT.—The National 

17 Health Board will establish mechanisms for internal co18 ordination of research among the five Institutes, and will 

19 also coordinate effort with agencies under the Department 

20 of Health and Human Services, including the Food and 

21 Drug Administration and the Health Resources and Serv22 ices Administration. 


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1 Subtitle D—Health Planning, Dis2 tribution of Drugs and Other 

3 Medical Supplies, and Miscella4 neous Functions 

5 SEC. 431. HEALTH PLANNING AND BUDGETING. 

6 (a) IN GENERAL.—The National Health Board shall 

7 develop and implement guidelines to collect data on the 

8 supply of and demand for health workers in facilities 

9 under its supervision, and on the delivery of health care 

10 and supplemental services in health care facilities under 

11 its supervision, shall evaluate such data in relation to the 

12 health care needs of their respective area, and shall trans13 mit such data and evaluation as necessary for implementa14 tion, and shall make available such data and evaluations 

15 to residents of their respective area. 

16 (b) COORDINATION.—The National Health Board 

17 shall coordinate the planning and administration of the 

18 delivery of health care services, health worker education, 

19 and health research within regions, and shall facilitate the 

20 planning and administration of such programs. 

21 (c) PLANS.—The National Health Board shall formu22 late a 1-year and 5-year national health plan and budget, 

23 taking into account the regional budgets prepared in ac24 cordance with section 522. 


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1 SEC. 432. DISTRIBUTION OF DRUGS AND OTHER MEDICAL 

2 SUPPLIES. 

3 (a) NATIONAL FORMULARY.— 

4 (1) PUBLICATION.—The National Health 

5 Board, shall, not later than the effective date of 

6 health services, publish and disseminate a National 

7 Pharmacy and Medical Supply Formulary (in this 

8 section referred to as the ‘‘Formulary’’). 

9 (2) CONTENTS.—The Formulary shall contain a 

10 listing of drugs, therapeutic devices, appliances, 

11 equipment, and other medical supplies (including 

12 eyeglasses, other visual aids, hearing aids, and pros13 thetic devices) (in this section referred to as ‘‘drugs 

14 and other medical supplies’’). For each item on such 

15 listing the Formulary shall contain (A) the stand16 ards of quality for the production of such item, (B) 

17 the medical conditions for which the item is certified 

18 as effective for purposes of the provision of health 

19 care services under this Act, and (C) such other in20 formation on such item as the National Health 

21 Board determines to be appropriate for the effective 

22 and efficient delivery of health care services under 

23 this Act. 

24 (3) UPDATING.—The National Health Board 

25 shall, at regular intervals, update the contents of the 

26 Formulary and publish a price list for items listed 


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1 in the Formulary, which prices shall reflect the ac2 tual costs of manufacture. 

3 (b) DRUG PURCHASE PROGRAMS.— 

4 (1) IN GENERAL.—The National Health Board 

5 shall establish a program, in accordance with this 

6 subsection for the purchase and distribution of 

7 drugs and other medical supplies for use in health 

8 care facilities. 

9 (2) PRICING.—Such program shall provide for 

10 the purchase of each drug or other medical supply 

11 item only (A) following competitive bidding on such 

12 item or (B) based on the price listed for such item 

13 in the price list published under subsection (a)(3). 

14 (3) GENERIC DISTRIBUTION.—Such program 

15 shall provide for the distribution and dispensing of 

16 drugs under their generic names. 

17 (4) GENERIC NAMES DEFINED.—For purposes 

18 of paragraph (3), the term ‘‘generic names’’ means 

19 the established names, as defined in section 

20 502(e)(2) of the Federal Food, Drug, and Cosmetic 

21 Act (21 U.S.C. 352(e)(2)). 

22 (c) AUTHORITY TO MANUFACTURE.—The National 

23 Health Board is authorized to establish and operate drug 

24 and medical supply manufacturing facilities, if it deterVerDate Nov 24 2008 01:37 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000

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1 mines that such operation will result in reduced expendi2 tures by the Service. 

3 SEC. 433. MISCELLANEOUS FUNCTIONS OF THE NATIONAL 

4 HEALTH BOARD. 

5 (a) ANNUAL REPORT.—The appropriate National 

6 Health Board shall publish, not later than December 31 

7 of each year, a report presenting and evaluating oper8 ations of the Service during the fiscal year ending in such 

9 year and surveying the future health needs of the Nation 

10 and plans the Board has for the Service to meet such 

11 needs. 

12 (b) DISSEMINATION.—The National Health Board 

13 shall, not later than the effective date of health services, 

14 prepare and disseminate, for use by users, information 

15 about health and health services deemed essential to en16 sure users’ active and informed participation in the health 

17 care system, including information that is culturally ap18 propriate for each area’s principal cultural and ethnic 

19 groupings, a comprehensive dictionary of terms used in 

20 health care records and services maintained or provided 

21 by the Service. Such dictionary shall explain terms related 

22 to symptoms, signs, diagnoses, etiologic agents and condi23 tions, diagnostic procedures, and the treatment and pre24 vention of, and rehabilitation following, illnesses, and shall 

25 include extensive citations of lay and professional sources 


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1 which a user might consult for additional information on 

2 such terms. 

3 TITLE V—FINANCING OF THE 

4 SERVICE 

5 Subtitle A—Health Service Taxes 

6 SEC. 501. INDIVIDUAL AND CORPORATE INCOME TAXES. 

7 (a) HEALTH SERVICE TAXES.— 

8 (1) IN GENERAL.—Subchapter A of chapter 1 

9 of the Internal Revenue Code of 1986 (relating to 

10 normal taxes and surtaxes) is amended by adding at 

11 the end the following new part: 

12 ‘‘PART VIII—HEALTH SERVICE TAXES 

‘‘Sec. 59B. Tax imposed. 

13 ‘‘SEC. 59B. TAX IMPOSED. 

14 ‘‘(a) INDIVIDUALS, ESTATES, AND TRUSTS.—In ad15 dition to other taxes, there is hereby imposed for each tax16 able year on the taxable income of every individual and 

17 of every estate and trust taxable under section 1(d), a tax 

18 in an amount equal to 10 percent of the total tax imposed 

19 by section 1 for such taxable year. 

20 ‘‘(b) CORPORATION.—In addition to the other taxes, 

21 there is hereby imposed for each taxable year on the tax22 able income of every corporation, a tax in an amount equal 

23 to 90 percent of the total amount of the normal tax and 

24 surtax imposed by section 11 for such taxable year.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of 

2 parts of such subchapter A is amended by adding 

3 after the item relating to part VII the following new 

4 item: 

‘‘PART VIII. HEALTH SERVICE TAXES’’. 

5 (b) EFFECTIVE DATE.—The amendments made in 

6 this section shall apply to taxable years beginning on or 

7 after the effective date of health services. 

8 SEC. 502. OTHER CHANGES IN THE INTERNAL REVENUE 

9 CODE OF 1986. 

10 (a) DENIAL OF EXCLUSION FROM GROSS INCOME

11 FOR AMOUNTS PAID BY THIRD PARTIES FOR MEDICAL

12 CARE.—Section 105 of the Internal Revenue Code of 1986 

13 (relating to amounts received under accident and health 

14 plans) is amended by striking subsection (b). 

15 (b) DENIAL OF EXCLUSION FROM GROSS INCOME OF

16 CERTAIN CONTRIBUTIONS BY THE EMPLOYER TO

17 HEALTH PLANS.—Subsection (a) of section 106 of such 

18 Code (relating to contributions by employer to accident 

19 and health plans) is amended to read as follows: 

20 ‘‘(a) GENERAL RULE.—Except as otherwise provided 

21 in this section, gross income does not include contributions 

22 by the employer to accident or health plans for compensa23 tion (through insurance or otherwise) to his employees for 

24 personal injuries or sickness to the extent that such con25 tributions do not provide for health care and supplemental 


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1 services available to such employees under the Josephine 

2 Butler United States Health Service Act.’’. 

3 (c) DENIAL OF DEDUCTION OF HEALTH CARE EX4 PENSES AS TRADE OR BUSINESS EXPENSES.—Section 

5 162 of such Code (relating to trade or business expenses) 

6 is amended by redesignating subsection (p) as subsection 

7 (q) and by adding after subsection (o) the following new 

8 subsection: 

9 ‘‘(p) PAYMENTS FOR HEALTH CARE.—No deduction 

10 shall be allowed under subsection (a) for any amount paid 

11 for health care services (other than any amount of tax im12 posed by section 59B and paid by the employer on behalf 

13 of his employees) which an individual was eligible to re14 ceive under title II of the Josephine Butler United States 

15 Health Service Act.’’. 

16 (d) DENIAL OF DEDUCTION FOR CONTRIBUTIONS TO

17 CERTAIN MEDICAL AND HOSPITAL FACILITIES.— 

18 (1) Paragraph (2) of section 170(c) of such 

19 Code (relating to charitable, etc., contributions and 

20 gifts) is amended by inserting ‘‘(other than an orga21 nization described in subsection (b)(1)(A)(iii))’’ after 

22 ‘‘(2) A corporation, trust, or community chest, fund, 

23 or foundation’’. 


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1 (2) Subsection (e) of section 501 of such Code 

2 (relating to cooperative hospital service organiza3 tions) is amended by striking the last sentence. 

4 (e) DENIAL OF DEDUCTION FOR MEDICAL, DENTAL, 

5 ETC., EXPENSES.— 

6 (1) Section 213 of such Code (relating to med7 ical, dental, etc., expenses) is repealed. 

8 (2) The table of sections of part VII of sub9 chapter B of chapter 1 of such Code is amended by 

10 striking the item relating to section 213. 

11 (f) HOSPITAL INSURANCE TAX.— 

12 (1) Subsection (b) of section 1401 of such Code 

13 (relating to rate of tax on self-employment income) 

14 is repealed. 

15 (2) Subsection (b) of section 3101 of such Code 

16 (relating to rate of tax on employees under the Fed17 eral Insurance Contributions Act) is repealed. 

18 (3) Section 3201(a) of such Code (relating to 

19 rate of tax imposed on employees under the Railroad 

20 Retirement Tax Act) is amended by striking ‘‘the 

21 sum of the rates of tax in effect under subsections 

22 (a) and (b) of section 3101’’ and inserting ‘‘the rate 

23 of tax in effect under section 3101(a)’’. 

24 (4) Section 3211(a)(1) of such Code (relating 

25 to rate of tax on employee representatives under the 


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1 Railroad Retirement Tax Act) is amended by strik2 ing ‘‘subsections (a) and (b)’’ the first place it ap3 pears and inserting ‘‘subsection (a)’’. 

4 (5) Subsection (e) of section 6051 of such Code 

5 (relating to railroad employees) is repealed. 

6 (g) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to taxable years beginning on or 

8 after the effective date of health services. 

9 SEC. 503. EXISTING EMPLOYER-EMPLOYEE HEALTH BEN10 EFIT PLANS. 

11 No contractual or other nonstatutory obligation of 

12 any employer to pay for or provide any health care and 

13 supplemental service to his present and former employees 

14 and their dependents and survivors, or to any of such per15 sons, shall apply on and after the effective date of health 

16 services to the extent such individuals are eligible to re17 ceive such health care and supplemental services under 

18 this Act. 

19 SEC. 504. WORKERS COMPENSATION PROGRAMS. 

20 No workers compensation program, whether estab21 lished pursuant to Federal or State law or private initia22 tive, shall pay for or provide any health care and supple23 mental services on and after the effective date of health 

24 services, to the extent such health care and supplemental 

25 services are available under this Act. 


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1 Subtitle B—Health Service Trust 

2 Fund 

3 SEC. 511. ESTABLISHMENT OF HEALTH SERVICE TRUST 

4 FUND. 

5 (a) ESTABLISHMENT.—There is hereby created on 

6 the books of the Treasury of the United States a trust 

7 fund to be known as the Health Service Trust Fund (in 

8 this title referred to as the ‘‘Trust Fund’’). The Trust 

9 Fund shall consist of such gifts and bequests as may be 

10 made to the Service and such amounts as may be depos11 ited in, or appropriated to, such fund as provided in this 

12 subtitle. 

13 (b) APPROPRIATION.—There is hereby appropriated 

14 to the Trust Fund for each fiscal year beginning in the 

15 fiscal year in which the effective date of health services 

16 (as defined in title VI) falls, and for each fiscal year there17 after, out of any moneys in the Treasury not otherwise 

18 appropriated, an amount equal to 100 percent of expected 

19 net receipts from the taxes imposed by sections 59B and 

20 3111(b) of the Internal Revenue Code of 1986 (as esti21 mated by the Secretary of the Treasury). The amount ap22 propriated by the preceding sentence shall be transferred 

23 from time to time from the general fund in the Treasury 

24 to the Trust Fund in such smaller amounts to be deter25 mined on the basis of estimates by the Secretary of the 


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1 Treasury of the receipts specified in the preceding sen2 tence; and proper adjustments shall be made in the 

3 amounts subsequently transferred to the extent prior esti4 mates were in excess of or were less than the receipts spec5 ified in such sentence. 

6 SEC. 512. TRANSFER OF FUNDS TO THE HEALTH SERVICE 

7 TRUST FUND. 

8 (a) OF MEDICARE TRUST FUNDS.—On the effective 

9 date of health services, there are transferred to the Trust 

10 Fund all of the assets and liabilities of the Federal Hos11 pital Insurance Trust Fund and the Federal Supple12 mentary Medical Insurance Trust Fund. 

13 (b) ADDITIONAL AMOUNTS.—In addition to the sums 

14 appropriated by section 511(b), there is appropriated to 

15 the Trust Fund for each fiscal year, out of any moneys 

16 in the Treasury not otherwise appropriated, a govern17 mental contribution equal to 40 percent of the sums ap18 propriated by section 511(b) for such fiscal year. There 

19 shall be deposited in the Trust Fund all recoveries of over20 payments, and all receipts under loans or other agree21 ments entered into, under this Act. 

22 SEC. 513. ADMINISTRATION OF HEALTH SERVICE TRUST 

23 FUND. 

24 (a) BOARD OF TRUSTEES.—With respect to the 

25 Trust Fund, there is hereby created a body to be known 


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1 as the Board of Trustees of the Trust Fund (in this sec2 tion referred to as the ‘‘Board of Trustees’’) composed of 

3 the Secretary of the Treasury, the Secretary of Health and 

4 Human Services, and the Chairperson of the National 

5 Health Board, all ex officio. The Secretary of the Treasury 

6 shall be the Managing Trustee of the Board of Trustees 

7 (in this section referred to as the ‘‘Managing Trustee’’). 

8 The Chairperson of the National Health Board shall serve 

9 as the Secretary of the Board of Trustees. The Board of 

10 Trustees shall meet not less frequently than once each cal11 endar year. It shall be the duty of the Board of Trustees 

12 to— 

13 (1) hold the Trust Fund; 

14 (2) report to the Congress not later than the 

15 first day of April of each year on the operation and 

16 status of the Trust Fund during the preceding fiscal 

17 year and on its expected operation and status during 

18 the current fiscal year and the next 2 fiscal years; 

19 (3) report immediately to the Congress when20 ever the Board is of the opinion that the amount of 

21 the Trust Fund is unduly small; and 

22 (4) review the general policies followed in man23 aging the Trust Fund, and recommend changes in 

24 such policies, including necessary changes in the 


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1 provisions of law which govern the way in which the 

2 Trust Fund is to be managed. 

3 The report provided for in paragraph (2) shall include a 

4 statement of the assets of, and the disbursements made 

5 from, the Trust Fund during the preceding fiscal year, 

6 an estimate of the expected income to, and disbursements 

7 to be made from, the Trust Fund during the current fiscal 

8 year and each of the next 2 fiscal years, and a statement 

9 of the actuarial status of the Trust Fund. Such report 

10 shall be printed as a House document of the session of 

11 the Congress to which the report is made. 

12 (b) INVESTMENT.—It shall be the duty of the Man13 aging Trustee to invest such portion of the Trust Fund 

14 as is not, in his judgment, required to meet current with15 drawals. Such investments may be made only in interest 

16 bearing obligations of the United States or in obligations 

17 guaranteed as to both principal and interest by the United 

18 States. For such purpose such obligations may be acquired 

19 (1) on original issue at the issue price, or (2) by purchase 

20 of outstanding obligations at the market price. The pur21 poses for which obligations of the United States may be 

22 issued under the Second Liberty Bond Act, as amended, 

23 are hereby extended to authorize the issuance at par of 

24 public debt obligations for purchase by the Trust Fund. 


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1 (c) ISSUANCE OF OBLIGATIONS.—Any obligations ac2 quired by the Trust Fund (except public debt obligations 

3 issued exclusively to the Trust Fund) may be sold by the 

4 Managing Trustee at the market price, and such public 

5 debt obligations may be redeemed at par plus accrued in6 terest. 

7 (d) PAYMENT OF INTEREST.—The interest on, and 

8 the proceeds from the sale or redemption of, any obliga9 tions held in the Trust Fund shall be credited to and form 

10 a part of the Trust Fund. 

11 (e) PAYMENTS.—The Managing Trustee shall pay 

12 from time to time from the Trust Fund such amounts as 

13 the National Health Board certifies are necessary to carry 

14 out this Act. 

15 Subtitle C—Preparation of Plans 

16 and Budgets 

17 SEC. 521. DETERMINATION OF FUND AVAILABILITY. 

18 (a) MAXIMUM FUNDS.— 

19 (1) FIXING.—The National Health Board shall, 

20 not later than January 1 of each year, initially fix 

21 the maximum amount of funds which may (except as 

22 provided in subsection (c)) be obligated during the 

23 fiscal year beginning on October 1 of such year for 

24 expenditure from the Trust Fund. 


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1 (2) LIMITATION.—Such amount shall not ex2 ceed for a fiscal year the lesser of— 

3 (A) 140 percent of the expected net re4 ceipts during the fiscal year (as estimated by 

5 the Secretary of the Treasury) from the taxes 

6 imposed by sections 59 and 3111(b) of the In7 ternal Revenue Code of 1986; 

8 (B) the amount of the aggregate obliga9 tions that the National Health Board deter10 mines were (or will be) incurred by the Service 

11 from the Trust Fund during the previous fiscal 

12 year, adjusted to reflect changes in the cost of 

13 living, in the number of users, and in the capac14 ity of the Service to provide services under this 

15 Act; or 

16 (C) the amount fixed under subsection (b). 

17 (3) REFIXING.—The National Health Board 

18 may at any time refix such amount to reflect 

19 changes— 

20 (A) of one percent or more in the expected 

21 net tax receipts (described in paragraph 

22 (2)(A)); or 

23 (B) of five percent or more in the cost of 

24 living, number of users, or the capacity of the 

25 Service to provide services under this Act. 


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1 The National Health Board shall promptly report to 

2 Congress any increase made in such amount and the 

3 reasons therefor. 

4 (b) LESSER AMOUNT.—The National Health Board 

5 shall fix in a fiscal year an amount, which the maximum 

6 amount described in subsection (a)(1) may not exceed in 

7 the fiscal year, which is less than the amount described 

8 in subsection (a)(2)(A) if the Board determines that— 

9 (1) restriction of the amount to be made avail10 able for obligation will not materially impair the ade11 quacy or quality of health care and supplemental 

12 services provided to users, or 

13 (2) improvement in the organization, delivery, 

14 or utilization of such services has lessened their ag15 gregate cost (or increase in such cost). 

16 (c) OBLIGATION.—The National Health Board may 

17 obligate for expenditure from the Trust Fund, in addition 

18 to the maximum amount which may be obligated in a fis19 cal year under subsection (a), such funds as are necessary 

20 to provide health care and supplemental services needed 

21 because of an epidemic, disaster, or other occurrence 

22 which was not, and could not have been, reasonably 

23 planned for by the Board and for which the contingency 

24 fund provided in section 532(b)(7) is insufficient. The Na25 tional Health Board shall promptly report to Congress any 


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1 obligation made pursuant to this subsection and the rea2 sons therefor. 

3 (d) OBLIGATION OF BORROWED AMOUNTS.—In addi4 tion to the maximum amounts which may be obligated 

5 pursuant to subsection (a), the National Health Board 

6 may allocate funds borrowed in accordance with section 

7 541 for such purposes as it deems necessary and appro8 priate. 

9 SEC. 522. PREPARATION OF REGIONAL BUDGETS. 

10 (a) POPULATION NEED.—In preparing its annual 

11 budget the National Health Board, in coordination with 

12 its local and regional authorities, shall determine the pro13 jected per capita health expenditures for each region, 

14 based on the evaluation of health care needs described in 

15 this Act. 

16 (b) BUDGET BREAKDOWNS.—In preparing its annual 

17 budget the National Health Board shall specify its oper18 ating, prevention, capital, and research expenses antici19 pated for the fiscal year covered by the budget and for 

20 the 5-year period beginning with such fiscal year for each 

21 such region. 


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1 Subtitle D—Allocation and 

2 Distribution of Funds 

3 SEC. 531. NATIONAL BUDGET. 

4 (a) PREPARATION.—The National Health Board 

5 shall prepare, taking into consideration the budgets pre6 pared under section 522, as soon after April 1 of each 

7 year as is practicable, a national health budget for the fis8 cal year beginning on October 1 of such year. Such budget 

9 shall divide the total funds available for obligation in such 

10 year, as determined under section 521, into funds for— 

11 (1) ordinary operating expenses; 

12 (2) preventive health measures, and which 

13 measures shall include primary prevention to im14 prove the conditions under which people live that af15 fect health status; 

16 (3) capital expenses; 

17 (4) research expenses; and 

18 (5) special operating expenses, as described in 

19 section 532. 

20 (b) ORDINARY OPERATING EXPENSES.—Funds for 

21 ordinary operating expenses, for preventive health meas22 ures, and for research expenses shall be divided among 

23 regions in the proportion which the number of residents 

24 in each region bears to the total population of the Nation, 

25 adjusted for population need as defined in this Act. 


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1 (c) CAPITAL EXPENSES.—Funds for capital expenses 

2 shall be allocated, to the extent consistent with the effi3 cient and equitable use of resources, except that during 

4 the first 10 fiscal years following the effective date of 

5 health services, priority shall be given to regions lacking 

6 adequate health care facilities on such effective date. 

7 SEC. 532. SPECIAL OPERATING EXPENSE FUND. 

8 (a) IN GENERAL.—A fund for special operating ex9 penses shall be incorporated into each budget prepared by 

10 the National Health Board. For the purposes of this title, 

11 the term ‘‘special operating expenses’’ means operating ex12 penses associated with— 

13 (1) the care and treatment of users 65 years of 

14 age or older; 

15 (2) the care and treatment of persons confined 

16 to full-time residential care institutions, including 

17 nursing homes and facilities for the treatment of 

18 mental illness; 

19 (3) the special health care needs of low-income 

20 users; 

21 (4) the special health care needs of communities 

22 of color that experience disparities in health status 

23 compared to White populations; 


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1 (5) the special health care needs of residents of 

2 rural or frontier areas, or noncontiguous States and 

3 territories; 

4 (6) special health care needs arising from envi5 ronmental or occupational health conditions; 

6 (7) special health care needs arising from unex7 pected occurrences, including epidemics and natural 

8 disasters; and 

9 (8) the conduct of environmental health inspec10 tion and monitoring services. 

11 (b) ALLOCATION.—The special operating expense 

12 fund shall be allocated as follows: 

13 (1) Funds for the additional operating expenses 

14 associated with the care and treatment of users 65 

15 years of age or older shall be allocated and shall con16 sist of uniform basic capitation amounts multiplied 

17 by the number of residents 65 years of age or older 

18 in the respective areas. The basic capitation 

19 amounts for areas shall be determined by the Na20 tional Health Board, based upon studies of the addi21 tional operating expenses associated with the care 

22 and treatment of such residents in such areas. 

23 (2) Funds for the additional operating expenses 

24 associated with the care and treatment of persons 

25 confined to full-time residential care institutions 


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1 shall be allocated and shall consist of a uniform 

2 basic capitation amount for each kind of institution, 

3 multiplied by the number of residents in such insti4 tutions in the respective areas. The basic capitation 

5 amounts shall be determined by the National Health 

6 Board, based upon studies of the additional oper7 ating expenses associated with the care and treat8 ment of such persons and the maintenance of such 

9 institutions. 

10 (3) Funds shall be allocated to areas for the ad11 ditional operating expenses associated with the spe12 cial health care needs of low-income persons. Such 

13 payments shall be allocated in proportion to the 

14 number of residents in these areas having incomes 

15 below the poverty level (as defined by the Secretary 

16 of Commerce). The total funds allocated for this 

17 purpose shall be no less than 2 percent of the ordi18 nary operating expense funds allocated in accord19 ance with section 531(a). 

20 (4) Funds shall be allocated for the additional 

21 operating expenses associated with the special health 

22 care needs of communities of color to the extent that 

23 they experience disparities in health status compared 

24 to White populations. The basic capitation amounts 

25 shall be determined by the National Health Board, 


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1 based upon studies of the additional operating ex2 penses associated with providing the necessary or 

3 appropriate health services for communities of color, 

4 and the additional expenses associated with elimi5 nating such disparities in health status. 

6 (5) Funds for the additional operating expenses 

7 associated with the special health care needs of resi8 dents of rural or frontier areas, or noncontiguous 

9 States and territories, shall be allocated to commu10 nities serving areas of low population density and 

11 shall consist of basic capitation amounts multiplied 

12 by the number of residents in the respective areas. 

13 The basic capitation amounts shall be determined by 

14 the National Health Board based upon studies of 

15 the additional operating expenses associated with the 

16 provision of health care in areas of low population 

17 density or extreme geographic access barriers, or 

18 both. 

19 (6) Funds for the additional operating expenses 

20 associated with special regional health care needs 

21 arising from environmental and occupational health 

22 problems shall be allocated by the National Health 

23 Board in accordance with its determination of such 

24 special needs. The total funds allocated for this purpose shall be no greater than 1 25 ⁄2 of 1 percent of the 


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1 ordinary operating expense funds allocated in ac2 cordance with section 531(a). 

3 (7) Funds for the additional operating expenses 

4 associated with special health care needs arising 

5 from unexpected occurrences shall be retained by the 

6 National Health Board in a contingency fund and 

7 shall be allocated by the National Health Board in 

8 accordance with its determination of such needs. 

9 The total funds retained for this purpose in any one 

fiscal year shall be no greater than 1 10 ⁄2 of 1 percent 

11 of the ordinary operating expense funds allocated in 

12 such year in accordance with section 531(a). 

13 (8) Funds for the additional operating expenses 

14 associated with the conduct of environmental health 

15 inspection and monitoring services shall be allocated 

16 by the National Health Board for providing such 

17 services. 

18 SEC. 533. DISTRIBUTION OF FUNDS. 

19 (a) IN GENERAL.—Funds allocated under the na20 tional health budget shall be distributed by the National 

21 Health Board from the Trust Fund. Participating pro22 viders may not request or receive funds from any other 

23 source. 

24 (b) PAYMENTS AND EXPENDITURES.—All payments 

25 shall be expended in accordance with the budget adopted 


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1 under section 531. If the budget for any fiscal year is not 

2 adopted before the beginning of the fiscal year, until such 

3 budget is adopted the National Health Service shall con4 tinue to receive ordinary operating expense funds, preven5 tion expense funds, and research expense funds at the rate 

6 at which it was receiving such funds during the preceding 

7 fiscal year, and it shall receive special operating expense 

8 funds in accordance with section 532. 

9 (c) ACCOUNTS.—The National Health Board shall 

10 maintain separate accounts for— 

11 (1) funds for operating expenses, including or12 dinary operating expenses and special operating ex13 penses; 

14 (2) funds for preventive health measures; 

15 (3) funds for capital expenses; and 

16 (4) funds for research expenses. 

17 Funds in a capital expense account shall be expended only 

18 for capital expenses. Funds in a research expense account 

19 shall be expended only for operations, equipment, and fa20 cilities for health and health care delivery research con21 ducted in accordance with subtitle C of title IV. Separate 

22 accounts shall not be required for funds for ordinary oper23 ating expenses and for special operating expenses. 


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1 (d) PAYMENT FREQUENCY.—Service providers under 

2 this Act shall be paid at such time or times as the National 

3 Health Board finds appropriate. 

4 (e) ALLOCATION OF SUPPLEMENTARY PAYMENTS.— 

5 Before and during any fiscal year, supplementary funds 

6 may be allocated to any Service provider if the National 

7 Health Board finds that such funds are required by events 

8 occurring or information acquired after the initial alloca9 tions were made. 

10 (f) USE OF FUNDS.—Service providers may retain 

11 funds received from the National Health Board for 2 years 

12 following the receipt of such funds. Any funds which are 

13 unexpended after such time shall be returned to the Na14 tional Health Board for deposit in the Trust Fund. 

15 SEC. 534. ANNUAL STATEMENT, RECORDS, AND AUDITS. 

16 (a) ANNUAL STATEMENT.—Each Service provider 

17 shall prepare annually and transmit to the National 

18 Health Board a statement which shall accurately show its 

19 financial operations and for the year for which such state20 ment is prepared. 

21 (b) RECORDKEEPING.—Each Service provider shall 

22 keep such records as determined to be necessary for the 

23 purposes of this Act, including for the facilitation of au24 dits. 


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1 (c) AUDITS.—The National Health Board and the 

2 Comptroller General of the United States, or their duly 

3 authorized representatives, shall, for the purpose of au4 dits, have access to any books, documents, papers, and 

5 records which in their opinion are related or pertinent to 

6 the operation of the Service. 

7 Subtitle E—General Provisions 

8 SEC. 541. ISSUANCE OF OBLIGATIONS. 

9 (a) BORROWING AUTHORITY.—The National Health 

10 Board is authorized to borrow money and to issue and 

11 sell such obligations as it determines necessary to carry 

12 out the purposes of this Act, but only in such amounts 

13 as may be specified from time to time in appropriation 

14 Acts. The aggregate amount of any such obligations out15 standing at any one time shall not exceed 

16 $10,000,000,000. 

17 (b) PLEDGING OF ASSETS.—The National Health 

18 Board may pledge the assets of the Trust Fund and 

19 pledge and use its revenues and receipts for the payment 

20 of the principal of or interest on such obligations, for the 

21 purchase or redemption thereof, and for other purposes 

22 incidental thereto. The National Health Board is author23 ized to enter into binding covenants with the holders of 

24 such obligations, and with the trustee, if any, under any 

25 agreement entered into in connection with the issuance 


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1 thereof with respect to the establishment of reserve, sink2 ing, and other funds, stipulations concerning the issuance 

3 of obligations or the execution of leases or lease purchases 

4 relating to properties of the Service and such other mat5 ters as the National Health Board deems necessary or de6 sirable to enhance the marketability of such obligations. 

7 (c) FORM OF OBLIGATIONS.—Obligations issued by 

8 the Service under this section— 

9 (1) shall be in such forms and denominations; 

10 (2) shall be sold at such times and in such 

11 amounts; 

12 (3) shall mature at such time or times; 

13 (4) shall be sold at such prices; 

14 (5) shall bear such rates of interest; 

15 (6) may be redeemable before maturity in such 

16 manner, at such times, and at such redemption pre17 miums; 

18 (7) may be entitled to such relative priorities of 

19 claim on the assets of the Service with respect to 

20 principal and interest payments; and 

21 (8) shall be subject to other terms and condi22 tions, as the National Health Board determines. 

23 (d) CHARACTER OF OBLIGATIONS.—Obligations 

24 issued by the Service under this section shall— 


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1 (1) be negotiable or nonnegotiable and bearer 

2 or registered instruments, as specified therein and in 

3 any indenture or covenant relating thereto; 

4 (2) contain a recital that they are issued under 

5 this section, and such recital shall be conclusive evi6 dence of the regularity of the issuance and sale of 

7 such obligations and of their validity; 

8 (3) be lawful investments and may be accepted 

9 as security for all fiduciary, trust, and public funds, 

10 the investment or deposit of which shall be under 

11 the authority or control of any officer or agency of 

12 the Government of the United States, and the Sec13 retary of the Treasury or any other officer or agency 

14 having authority over or control of any such fidu15 ciary, trust, or public funds, may at any time sell 

16 any of the obligations of the Service acquired under 

17 this section; 

18 (4) be exempt both as to principal and interest 

19 from all taxation now or hereafter imposed by any 

20 State or local taxing authority except estate, inherit21 ance, and gift taxes; and 

22 (5) not be obligations of, nor shall payment of 

23 the principal thereof or interest thereon be guaran24 teed by, the Government of the United States, ex25 cept as provided in subsection (g). 


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1 (e) CONSULTATION WITH TREASURY.—At least 15 

2 days before selling any issue of obligations, the National 

3 Health Board shall advise the Secretary of the Treasury 

4 of the amount, proposed date of sale, maturities, terms 

5 and conditions, and expected maximum rates of interest 

6 of the proposed issue in appropriate detail and shall con7 sult with him or his designee thereon. The Secretary may 

8 elect to purchase such obligations under such terms, in9 cluding rates of interest, as he and the National Health 

10 Board may agree, but at a rate of yield no less than the 

11 prevailing yield on outstanding marketable Treasury secu12 rities of comparable maturity, as determined by the Sec13 retary. If the Secretary does not purchase such obliga14 tions, the National Health Board may proceed to issue 

15 and sell them to a party or parties other than the Sec16 retary upon notice to the Secretary and upon consultation 

17 as to the date of issuance, maximum rates of interest, and 

18 other terms and conditions. 

19 (f) PURCHASE OF OBLIGATIONS.—Subject to the 

20 conditions of subsection (e), the National Health Board 

21 may require the Secretary of the Treasury to purchase ob22 ligations of the Service in such amounts as will not cause 

23 the holding by the Secretary of the Treasury resulting 

24 from such required purchases to exceed $2,000,000,000 

25 at any one time. This subsection shall not be construed 


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1 as limiting the authority of the Secretary to purchase obli2 gations of the Service in excess of such amount. 

3 (g) FULL FAITH AND CREDIT.—Notwithstanding 

4 subsection (d)(5), obligations issued by the Service shall 

5 be obligations of the Government of the United States, 

6 and payment of principal and interest thereon shall be 

7 fully guaranteed by the Government of the United States, 

8 such guaranty being expressed on the face thereof, if and 

9 to the extent that— 

10 (1) the National Health Board requests the 

11 Secretary of the Treasury to pledge the full faith 

12 and credit of the Government of the United States 

13 for the payment of principal and interest thereon; 

14 and 

15 (2) the Secretary, in his discretion, determines 

16 that it would be in the public interest to do so. 

17 (h) PUBLIC DEBT TRANSACTION.—For the purpose 

18 of any purchase of the obligations of the Service, the Sec19 retary of the Treasury is authorized to use as a public 

20 debt transaction the proceeds from the sale of any securi21 ties issued under the Second Liberty Bond Act, as now 

22 or hereafter in force, and the purposes for which securities 

23 may be issued under the Second Liberty Bond Act, as now 

24 or hereafter in force, are extended to include any pur25 chases of the obligations of the Service under this subtitle. 


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1 The Secretary of the Treasury may, at any time, sell any 

2 of the obligations of the Service acquired by him under 

3 this chapter. All redemptions, purchases, and sales by the 

4 Secretary of the obligations of the Service shall be treated 

5 as public debt transactions of the United States. 

6 SEC. 542. DEFINITIONS. 

7 For purposes of this title: 

8 (1) OPERATING EXPENSES.—The term ‘‘oper9 ating expenses’’ means the cost of providing, plan10 ning, operating, and maintaining services, facilities, 

11 programs, and boards (other than those associated 

12 with research) established or furnished under this 

13 Act, and of capital buildings and equipment (other 

14 than those associated with research) costing less 

15 than $100,000, except for funds associated with the 

16 conduct of preventive health measures and research. 

17 (2) CAPITAL EXPENSES.—The term ‘‘capital ex18 penses’’ means expenses which under generally ac19 cepted accounting principles are not properly charge20 able as expenses of operation and maintenance, 

21 which exceed $100,000, and which are not associ22 ated primarily with the conduct of research. 


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1 TITLE VI—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 601. EFFECTIVE DATE OF HEALTH SERVICES. 

4 The effective date of health services under this Act 

5 is January 1 of the fourth calendar year after the year 

6 in which this Act is enacted. 

7 SEC. 602. REPEAL OF PROVISIONS. 

8 (a) IN GENERAL.—Effective on the effective date of 

9 health services, the following provisions of law are re10 pealed: 

11 (1) The Public Health Service Act, except for— 

12 (A) title I (relating to short title and defi13 nitions), parts F and G of title III (relating to 

14 licensing and quarantine authority), and title 

15 XIV (relating to safety of public water sys16 tems); and 

17 (B) titles VII and VIII, which shall remain 

18 effective, during the period beginning on such 

19 effective date and ending on the date occurring 

20 4 years after such effective date, with respect to 

21 the provision of assistance to educational insti22 tutions, and students thereof, in areas which 

23 have not established health team schools under 

24 subtitle A of title III of this Act. 


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1 (2) Titles V, XVIII, XIX, and XXI of the So2 cial Security Act (relating to the maternal and child 

3 health and crippled children’s services, Medicare, 

4 Medicaid, and State children’s health insurance pro5 gram); part B of title XI of such Act (relating to 

6 professional standards review); sections 226, 1121 

7 through 1124, and 1126 of such Act (relating to en8 titlement to hospital insurance benefits, uniform 

9 health reporting systems, limitation on Federal par10 ticipation for capital expenditures, program for de11 termining qualification for certain health care per12 sonnel, disclosure of ownership and related informa13 tion, and disclosure of certain convictions); and so 

14 much of title XX of such Act (relating to grants to 

15 States for services) as provides for payments to 

16 States for health care and supplemental services. 

17 (3) Chapter 89 of title 5, United States Code 

18 (relating to health insurance for Federal employees). 

19 (4) Chapters 17, 73, and 81 and section 1506 

20 of title 38, United States Code (relating to medical 

21 benefits and programs relating to veterans). 

22 (5) Sections 1079 through 1083 and section 

23 1086 of title 10, United States Code (relating to the 

24 civilian health and medical program of the uni25 formed services). 


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1 (6) The Comprehensive Alcohol Abuse and Al2 coholism Prevention, Treatment, and Rehabilitation 

3 Act of 1970; the Comprehensive Alcohol Abuse and 

4 Alcoholism Prevention, Treatment, and Rehabilita5 tion Act Amendments of 1974; and section 4 of the 

6 Comprehensive Drug Abuse Prevention and Control 

7 Act of 1970 (relating to medical treatment of nar8 cotic addiction). 

9 (7) Public Law 83–568 (42 U.S.C. 2001– 

10 2004b) (relating to hospital and other health facili11 ties for Indians) and Public Law 85–151 (42 U.S.C. 

12 2005–2005f) (relating to community hospitals for 

13 Indians). 

14 (8) The District of Columbia Medical Facilities 

15 Construction Act of 1968 and the District of Colum16 bia Medical and Dental Manpower Act of 1970. 

17 (9) Sections 232 and 242 and title XI of the 

18 National Housing Act (relating to mortgage insur19 ance for nursing homes, hospitals, and group prac20 tice facilities). 

21 (10) The Mental Retardation Facilities and 

22 Community Mental Health Centers Construction Act 

23 of 1963. 

24 (11) The Family Planning Services and Popu25 lation Research Act of 1970. 


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1 (12) The National Arthritis Act of 1974 and 

2 the National Diabetes Mellitus Research and Edu3 cation Act. 

4 (13) Titles I and II and section 301 of the 

5 Lead-Based Paint Poisoning Prevention Act (42 

6 U.S.C. 4801, 4811, 4821) (relating to grant pro7 grams for lead-based paint poisoning prevention). 

8 (14) The Act of March 2, 1897 (21 U.S.C. 41– 

9 50) (relating to tea importation). 

10 (15) Subsection (e) of section 20 and section 22 

11 of the Occupational Safety and Health Act of 1970 

12 (relating to the National Institute for Occupational 

13 Safety and Health). 

14 (b) PREPARATION OF ADDITIONAL LIST.— 

15 (1) IN GENERAL.—Not later than three years 

16 after the date of enactment of this Act, the Presi17 dent shall prepare, in consultation with the appro18 priate National Health Board, and transmit to Con19 gress legislation— 

20 (A) to repeal or amend such provisions of 

21 law as are inconsistent with the purposes of this 

22 Act or the provision of health care and supple23 mental services by the Service under this Act; 

24 and 


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1 (B) to make such conforming and technical 

2 amendments in provisions of law as may be nec3 essary to properly effect the repeal of provisions 

4 described in subsection (a) and the repeal or 

5 amendment of provisions described in subpara6 graph (A) of this paragraph. 

7 (2) TRANSFER AUTHORITY.—Such legislation 

8 shall include the transfers of such authority of the 

9 Secretary of Health and Human Services under the 

10 provisions of— 

11 (A) the Controlled Substances Act; 

12 (B) chapter 175 of title 28, United States 

13 Code (relating to civil commitment and rehabili14 tation of narcotics addicts); 

15 (C) chapter 314 of title 18, United States 

16 Code (relating to sentencing of narcotic addicts 

17 to commitment for treatment); 

18 (D) the Narcotic Addict Rehabilitation Act 

19 of 1966; 

20 (E) the Drug Abuse Office and Treatment 

21 Act of 1972; 

22 (F) the Occupational Safety and Health 

23 Act of 1970; 

24 (G) the Lead-Based Paint Poisoning Pre25 vention Act; 


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1 (H) the Federal Cigarette Labeling and 

2 Advertising Act; 

3 (I) the Federal Food, Drug, and Cosmetic 

4 Act; 

5 (J) the Fair Packaging and Labeling Act; 

6 (K) the Act of March 4, 1923 (21 U.S.C. 

7 61–64) (relating to filled milk); 

8 (L) the Act of February 15, 1927 (21 

9 U.S.C. 141–149) (relating to milk importation); 

10 (M) the Federal Caustic Poison Act; 

11 (N) the Federal Coal Mine Health and 

12 Safety Act of 1969 (other than title IV there13 of); and 

14 (O) the Solid Waste Disposal Act, 

15 to the Service as the President determines, after 

16 consultation with the National Health Board, to be 

17 appropriate. 

18 (c) REVIEW OF PROGRAMS.— 

19 (1) IN GENERAL.—The National Health Board 

20 shall, immediately upon its initial appointment, and 

21 in consultation with the Secretary of Health and 

22 Human Services, review the programs conducted 

23 under the specified provisions of the Public Health 

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1 section (a) and shall determine how the Service shall 

2 carry out the purposes of such programs. 

3 (2) INITIAL REPORT.—Not later than one year 

4 after the effective date of health services, the Na5 tional Health Board shall report to the President 

6 and to the Congress on how the Service is carrying 

7 out the purposes of the programs authorized to be 

8 conducted under provisions of law which are re9 pealed by subsection (a) (other than paragraph 

10 (1)(B) thereof). 

11 (3) LATER REPORT.—Not later than 5 years 

12 after the effective date of health services, the Na13 tional Health Board shall report to the President 

14 and to the Congress on how the Service is carrying 

15 out the purposes of programs described in subsection 

16 (a)(1)(B). 

17 (d) CODIFICATION PROPOSAL.—Not later than 2 

18 years after the effective date of health services, the Na19 tional Health Board shall transmit to Congress a proposed 

20 codification of all the provisions of law which contain func21 tions that are transferred or relate to the Service. 

22 SEC. 603. TRANSITION PROVISIONS. 

23 (a) TRANSFER OF APPROPRIATIONS.—Amounts ap24 propriated to carry out the purposes of any provisions of 

25 law repealed by this Act and available on the effective date 


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1 of such repeal shall be transferred on such date to the 

2 Health Service Trust Fund (established under section 511 

3 of this Act). 

4 (b) TRANSFER OF PERSONNEL, ASSETS, ETC.—The 

5 President is authorized to transfer so much of the posi6 tions, personnel, assets, liabilities, contracts, property, and 

7 records employed, held, used, arising from, available to or 

8 made available in connection with the functions or pro9 grams repealed by this Act to the Service as may be 

10 agreed upon by the President and the National Health 

11 Board. 

12 (c) LAPSES OF OFFICES.—In the case where the au13 thority for the establishment of any office or agency, or 

14 all the functions of such office or agency, are repealed 

15 under section 602, such office or agency shall lapse. 

16 (d) APPLICATION OF AMENDMENTS.—The amend17 ments made by section 602— 

18 (1) shall not apply with respect to any contract 

19 entered into before the effective date of such amend20 ments, and 

21 (2) shall not affect (A) any right or obligation 

22 arising out of any matter occurring before the effec23 tive date of such amendments, or (B) any adminis24 trative or judicial proceeding (whether or not initiVerDate Nov 24 2008 01:37 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000

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1 ated before that date) for the adjudication or en2 forcement of any such right or obligation. 

3 SEC. 604. AMENDMENT TO BUDGET AND ACCOUNTING ACT. 

4 (a) HEALTH SERVICE BUDGET.—Subsection (h) of 

5 section 1105 of title 31, United States Code, is amended 

6 to read as follows: 

7 ‘‘(h) The Budget transmitted pursuant to subsection 

8 (a) shall set forth the items enumerated in paragraphs (4) 

9 through (9) and (12) of subsection (a) with respect to ex10 penditures from and appropriations to the Health Service 

11 Trust Fund (established under section 511 of the Jose12 phine Butler United States Health Service Act) separately 

13 from such items with respect to expenditures and appro14 priations relating to other operations of the Government.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to fiscal years be17 ginning more than 1 year after the date of enactment of 

18 this Act. 

19 SEC. 605. SEPARABILITY. 

20 If any provision of this Act, or the application of such 

21 provision to any person or circumstance, shall be held in22 valid, the remainder of this Act, or the application of such 

23 provision to persons or circumstances other than those as 

24 to which it is held invalid, shall not be affected thereby. 

Æ 


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