I
103D CONGRESS
1ST SESSION
H. R. 671
To establish a national commission on health care fraud and abuse.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. DURBIN (for himself, Ms. SNOWE, Mr. HUGHES, Mr. HALL of Ohio, Mrs.
UNSOELD, Mr. BACCHUS of Florida, and Mr. DEFAZIO) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce
A BILL
To establish a national commission on health care fraud
and abuse.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ted Weiss Memorial
Health Care Fraud and Abuse Commission Act of 1993’’.
SEC. 2. ESTABLISHMENT OF NATIONAL HEALTH CARE
FRAUD AND ABUSE COMMISSION.
(a) IN GENERAL.—There is established a commission
to be known as the ‘‘Ted Weiss Memorial Health Care
Fraud and Abuse Commission’’ (in this Act referred to
as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of 18 members as follows:
(1) OFFICIALS.—
(A) The Secretary of Health and Human
Services (or the Secretary’s designee).
(B) The Inspector General of the Depart-
ment of Health and Human Services (or the In-
spector General’s designee).
(C) The Attorney General (or the Attorney
General’s designee).
(D) The Director of the Federal Bureau of
Investigation (or the Director’s designee).
(E) The Administrator of the Health Care
Financing Administration (or the Administra-
tor’s designee).
(2) PUBLIC MEMBERS.—Thirteen members, ap-
pointed by the President, of which—
(A) one shall be an Attorney General of a
State;
(B) one shall be a representative of State
medicaid fraud control programs;
(C) one shall be a State official directly re-
sponsible for regulation of health insurance;
(D) one shall be a representative of physi-
cians;
(E) one shall be a representative of hos-
pital administrators;
(F) one shall be a representative of health
insurance companies;
(G) one shall be a representative of em-
ployers who self-fund employee health benefit
plans;
(H) one shall be a representative of em-
ployers who purchase a health benefit plan from
a health insurance company;
(I) one shall be a representative of medi-
care carriers;
(J) one shall be a representative of medi-
care peer review organizations;
(K) one shall be a representative of health
care consumers;
(L) one shall be a representative of medi-
care beneficiaries; and
(M) one shall be a representative of labor
unions.
In making appointments under this paragraph of an
individual who is a representative of persons or or-
ganizations, the President shall consider the rec-
ommendations of national organizations that rep-
resent such persons or organizations. The President
shall report to Congress, within 90 days after the
date of the enactment of this Act, the names of the
members appointed under this paragraph.
(c) TERMS.—Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
SEC. 3. FUNCTIONS OF COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) investigate the nature, magnitude, and cost
of health care fraud and abuse in the United States,
and
(2) identify and develop the most effective
methods of preventing, detecting, and prosecuting or
litigating such fraud and abuse, with particular em-
phasis on coordinating public and private prevention,
detection, and enforcement efforts.
(b) PARTICULARS.—Among other items, the Commis-
sion shall examine at least the following:
(1) Mechanisms to provide greater standardiza-
tion of claims administration in order to accommo-
date fraud prevention and detection.
(c) REPORT.—After approval by a majority vote, a
quorum being present, the Commission shall transmit to
Congress a report on its activities. The report shall be
transmitted not later than 18 months after the date that
a majority of the public members of the Commission have
been appointed. The report shall contain a detailed state-
ment of the Commission’s findings, together with such rec-
ommendations as the Commission considers appropriate.
SEC. 4. ORGANIZATION AND COMPENSATION.
(a) ORGANIZATION.—
(1) QUORUM.—A majority of the members of
the Commission shall constitute a quorum but a
lesser number may hold hearings.
(2) CHAIRMAN.—The Commission shall elect
one of its members to serve as chairman of the Com-
mission.
(3) MEETINGS.—The Commission shall meet at
the call of the chairman or a majority of its mem-
bers. Meetings of the Commission are open to the
public under section 10(a)(10) of the Federal Advi-
sory Committee Act, except that the Commission
may conduct meets in executive session but only if
a majority of the members of the Commission (a
quorum being present) approve going into executive
session.
(b) COMPENSATION OF MEMBERS.—Members of the
Commission shall serve without compensation, but shall
be reimbursed for travel, subsistence, and other necessary
expenses incurred in the performance of their duties as
members of the Commission.
SEC. 5. STAFF OF COMMISSION.
(a) IN GENERAL.—The Commission may appoint and
fix the compensation of a staff director and such other
additional personnel as may be necessary to enable the
Commission to carry out its functions, without regard to
the laws, rules, and regulations governing appointment
and compensation and other conditions of service in the
competitive service.
(b) DETAIL OF FEDERAL EMPLOYEES.—Upon re-
quest of the chairman, any Federal employee who is sub-
ject to such laws, rules, and regulations, may be detailed
to the Commission to assist it in carrying out its functions
under this Act, and such detail shall be without interrup-
tion or loss of civil service status or privilege.
(c) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not to exceed the daily equivalent of 120
percent of the maximum annual rate of basic pay payable
for GS–15 of the General Schedule.
SEC. 6. AUTHORITY OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) OBTAINING OFFICIAL DATA.—
(1) IN GENERAL.—The Commission may secure
directly from any department or agency of the
United States information necessary to enable it to
carry out this Act. Upon request of the chairman of
the Commission, the head of that department or
agency shall furnish that information to the Com-
mission.
(2) ACCESS TO INFORMATION.—Information ob-
tained by the Commission is available to the public
in the same manner in which information may be
made available under sections 552 and 552a of title
5, United States Code.
(c) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property for the purpose of aiding
or facilitating the work of the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter which the Commission is author-
ized to investigate under this Act. The attendance of
witnesses and the production of evidence may be re-
quired from any place within the United States at
any designated place of hearing within the United
States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the
date the report is submitted under section 3(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission such sums as are necessary to carry out its func-
tions, to remain available until expended.
Æ