(e) FACA NOT APPLICABLE.—The provisions of the
Federal Advisory Committee Act shall not apply to the
Commission.
(f) DUTIES.—
(1) IN GENERAL.—The Commission shall make
recommendations to the Board not later than Janu-
ary 31 of 1995 (and of each subsequent year) re-
garding—
(A) the adequacy and appropriateness of
the long-term care services covered under this
Act,
(B) the criteria for eligibility for long-term
care services,
(C) the effect of the cost sharing require-
ments for long-term care services,
(D) the financial protections provided indi-
viduals in the use of such services and the abil-
ity of the patient and any spouse, dependent,
parent, or guardian of the patient in the com-
munity to remain financially independent once
the patient no longer needs long-term care serv-
ices,
(E) the effect of the long-term care serv-
ices covered under this Act on the availability
and use of informal long-term care services and
private long-term care insurance, and
(F) the overall functioning of the provision
of long-term care services covered under this
Act, once fully implemented.
(2) REVIEW.—The Commission shall review and
analyze any long-term care services regulations or
proposed regulations of the Board and report to the
Congress its assessment of the appropriateness of
the regulations in meeting the statutory criteria es-
tablished under this Act.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary for the establishment and operation of the Commis-
sion to carry out the purposes of this Act.
Subtitle C—Modification of
Services
SEC. 221. MODIFICATION OF SERVICES COVERED UNDER
THIS ACT.
(a) RECOMMENDATIONS BY PRIORITIES COUNCIL.—
Not later than January 31 of 1998 (and of each subse-
quent year), the Priorities Council shall issue a report to
the Board describing any changes, additions, deletions, or
clarifications the Priority Council recommends for the
health care services and long-term care services covered
under this Act.
(b) BOARD REGULATIONS.—
(1) IN GENERAL.—The Board is authorized to
promulgate regulations, as the Board deems appro-
priate, for implementing the recommendations of the
Priorities Council. Such regulations are to be pro-
mulgated within 1 year of the submission of the Pri-
orities Council’s report.
(2) EFFECT.—The regulations incorporating
modifications in the health care services and long-
term care services covered under this Act shall have
the force of law, unless within 60 days of the pro-
mulgation of the regulations, the Congress enacts a
disapproval resolution under the procedures de-
scribed in section 501.
TITLE III—FEDERAL AND STATE
ADMINISTRATION
Subtitle A—Federal Administration
SEC. 301. FEDERAL HEALTH BOARD.
(a) IN GENERAL.—There is hereby established a
Federal Health Board.
(b) APPOINTMENT AND TERMS OF MEMBERS.—
(1) APPOINTMENT.—The Board shall be com-
posed of 9 individuals appointed by the President,
with the advice and consent of the Senate, not later
than October 1, 1994, and shall be chosen on the
basis of backgrounds in health policy, health eco-
nomics, the healing professions, and the administra-
tion of health care institutions. At least 1 member
of the Board shall represent consumer interests, and
due regard must be given to geographic, urban, and
rural representation. No more than 5 members may
be affiliated with a single political party.
(2) TERMS OF MEMBERS.—The individuals ap-
pointed shall serve for a term of 9 years (or until
a successor is appointed), except that the terms of
individuals initially appointed shall be (as specified
by the President) for such fewer number of years as
will provide for the expiration of terms on a stag-
gered basis.
(3) REMOVAL FOR CAUSE ONLY.—Upon con-
firmation, members of the Board may not be re-
moved except for cause upon notice and hearing.
(c) VACANCIES.—
(1) IN GENERAL.—The President shall fill any
vacancy in the membership of the Board in the same
manner as the original appointment. The vacancy
shall not affect the power of the remaining members
to execute the duties of the Board.
(2) VACANCY
APPOINTMENTS.—Any member
appointed to fill a vacancy shall serve for the re-
mainder of the term for which the predecessor of the
member was appointed.
(3) REAPPOINTMENT.—The President may re-
appoint an appointed member of the Board for a
second term in the same manner as the original ap-
pointment.
(d) CHAIRPERSON AND VICE CHAIRPERSON.—The
Board shall select a Chairperson and a Vice Chairperson
from among the members of the Board.
(e) COMPENSATION.—Members of the Board shall be
compensated at a level comparable to level II of the Execu-
tive Schedule, in accordance with section 5313 of title 5,
United States Code.
(f) STAFF.—The Board shall employ such staff as the
Board may determine necessary.
(g) APPLICABILITY
OF
CIVIL
SERVICE
PROVI-
SIONS.—The staff of the Board may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and be
compensated without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5 relating
to classification and General Schedule pay rates, except
that no individual may receive pay less than 120 percent
of the minimum rate of basic pay payable for GS–15 of
the General Schedule or more than the rate of basic pay
payable for level IV of the Executive Schedule.
(h) DUTIES.—
(1) IN GENERAL.—The Board is responsible for
the overall administration of this Act, including such
duties specifically designated by this Act.
(2) ADDITIONAL
DUTIES.—The duties of the
Board also include—
(A) facilitating the exchange of informa-
tion among States,
(B) establishing, evaluating, and updating
national minimum quality standards,
(C) establishing uniform reporting require-
ments,
(D) developing a uniform claims form,
(E) reviewing and approving interstate
consortia,
(F) assisting States in developing systems
to minimize fragmented care, and
(G) developing and evaluating activities
combating fraud and abuse within the health
care system.
(i) REPORTS.—