TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: That section 4 of
Public Law 94-456 (43 U.S.C. 1611 note) is amended--
(1) by striking out ''subsection (a)'' in subsection (c)
and inserting in lieu thereof ''subsections (a) and (d)''; and
(2) by adding at the end the following:
''(d)(1) In order to convey to the Village Corporations named in
this subsection certain lands the Villages have selected under section
12(a) of the Settlement Act, the Secretary shall convey all right,
title, and interest of the United States in and to the surface estate
of the lands described in paragraph (2) to the Village Corporations
within Cook Inlet Region named in paragraph (2) in partial satisfaction
of each Village Corporation's statutory entitlement under section 12(a)
of the Settlement Act. Conveyances shall be made pursuant to sections
12(a) and 14(f) of the Settlement Act. The conveyances described in
paragraph (2) shall be made within 90 days after the date of enactment
of this subsection.
''(2) The lands described in this paragraph are to be conveyed to
Village Corporations as follows:
To Chickaloon-Moose Creek Native Association, Inc.:

seward meridian, alaska

Township 1 North, Range 20 West (Unsurveyed)
Sections 24, 25, and 36 (fractional).
To Knikatnu, Inc.:

seward meridian, alaska

Township 1 South, Range 20 West (Unsurveyed)
Section 1 (fractional).
Township 3 South, Range 20 West (Unsurveyed)
Section 3 (fractional);
Sections 4 and 9.
Township 1 North, Range 20 West (Unsurveyed)
Section 9 (fractional).
To Ninilchik Native Association, Inc.:

seward meridian, alaska

Township 1 South, Range 19 West (Unsurveyed)
Sections 29 and 32 (fractional).
Township 2 South, Range 19 West (Unsurveyed)
Sections 6 and 18 (fractional).
Township 2 South, Range 20 West (Unsurveyed)
Section 1 (fractional);
Sections 6 and 14;
Sections 23, 24, and 26 (fractional);
Sections 32 and 33;
Sections 34 and 35 (fractional).
Township 3 South, Range 20 West (Unsurveyed)
Section 10 (fractional).
Township 3 South, Range 21 West (Unsurveyed)
Sections 13 and 19 through 24, inclusive;
Section 25 (fractional);
Sections 32 and 34 (fractional).
Township 1 North, Range 20 West (Unsurveyed)
Sections 6 through 8 (fractional), inclusive;
Section 16;
Sections 22 and 23 (fractional);
Section 26.
Township 4 North, Range 19 West (Unsurveyed)
Sections 20 and 36.
To Seldovia Native Association, Inc.:

seward meridian, alaska

Township 2 South, Range 20 West (Unsurveyed)
Section 13 (fractional).
Township 3 South, Range 20 West (Unsurveyed)
Sections 7 and 8;
Section 16 (fractional);
Sections 17 and 18;
Sections 19 and 20 (fractional).
To Tyonek Native Corporation:

seward meridian, alaska

Township 1 South, Range 20 West (Unsurveyed)
Section 2 (fractional);
Section 3.
Township 2 South, Range 21 West (Unsurveyed)
Section 36.
Township 2 South, Range 20 West (Unsurveyed)
Section 12 (fractional);
Section 31.
Township 3 South, Range 20 West (Unsurveyed)
Sections 15, 21, and 30 (fractional).
Township 3 South, Range 21 West (Unsurveyed)
Section 26;
Sections 27 and 28 (fractional);
Sections 29 through 31 (fractional), inclusive;
Sections 33, 35, and 36 (fractional).
Township 1 North, Range 20 West (Unsurveyed)
Section 15 (fractional);
Section 35.
Aggregating approximately 29,900 acres, more or less.
''(3) No later than 180 days following the completion of the
conveyances required by paragraph (1), Cook Inlet Region, Inc., shall
convey to each of the Village Corporations referred to in paragraph (2)
the surface estate in such lands described in Appendix A of that
certain Agreement dated August 31, 1976, known as the Deficiency
Agreement, as the Village Corporations have identified, and in the
order they identified in their priority selection rounds, to satisfy
each Village Corporation's section 12(a) entitlement under the
Settlement Act.
''(4) If the Secretary does not convey the lands in paragraph (2)
within 90 days of the date of the enactment of this subsection, then
all right, title, and interest of the United States in and to the
surface estate of such lands shall nevertheless pass immediately to the
Village Corporations named in paragraph (2).
''(5) Nothing in this subsection shall be construed to increase or
decrease the entitlement under the Settlement Act of any of the Village
Corporations named in this subsection or of Cook Inlet Region, Inc.''.

SOLUTION: Amends Federal law to provide for conveyance of certain Alaskan lands under the Alaska Native Claims Settlement Act to: (1) Chickaloon-Moose Creek Native Association, Inc.; (2) Knikatnu, Inc.; (3) Ninilchik Native Association, Inc.; (4) Seldovia Native Association, Inc.; and (5) Tyonek Native Corporation.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Protection of Lawful Commerce in
Arms Act''.

SEC 2. AMENDMENT TO ORGANIC ACT.

The Act entitled ''An Act to establish the Department of Commerce
and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is
amended by redesignating section 13 as section 14 and by inserting
after section 12 the following:

''SEC. 13. RESTRICTION ON COMMERCE.

''(a) Secretary of Commerce List.--The Secretary of Commerce shall
establish and maintain a list consisting of each person that notifies
the Secretary under subsection (b) that it is a manufacturer or seller
in interstate or foreign commerce of a firearm or ammunition product or
is a trade association representing such manufacturers or sellers. The
list shall contain the name of the person, the chief executive officer
of the person, and the address and location of the headquarters of the
person. The Secretary shall maintain and update the list and may
publish the list in the Federal Register.
''(b) Notification.--Each person that--
''(1) is a manufacturer in interstate or foreign commerce
of a firearm or ammunition product, and is licensed to engage
in business as such manufacturer to the extent required under
chapter 44 of title 18, United States Code,
''(2) is a seller in interstate or foreign commerce of a
firearm or ammunition product, and is licensed to engage in
business as such seller to the extent required under chapter 44
of title 18, United States Code, or
''(3) is a trade association representing such
manufacturers or sellers,
may notify the Secretary of its existence and provide to the Secretary
the information described in subsection (a).
''(c) Freedom From Restriction.--Conduct that--
''(1)(A) is carried out by a manufacturer in interstate or
foreign commerce of a firearm or ammunition product, involves
such firearm or ammunition product, and is described in
paragraph (4) of subsection (d);
''(B) is carried out by a seller in interstate or foreign
commerce of a firearm or ammunition product, involves a firearm
or ammunition product, and is described in paragraph (6) of
subsection (d); or
''(C) is carried out by a trade association in the course
of organizing, advising, or representing its members who are
manufacturers in interstate or foreign commerce of a firearm or
ammunition product, or who are sellers in interstate or foreign
commerce of a firearm or ammunition product, with respect to
conduct of such manufacturers or sellers described in paragraph
(4) or (6) of subsection (d), as the case may be; and
''(2) is lawful under chapter 44 of title 18, United States
Code, or under applicable State law;
shall not be a basis for imposing a restriction on interstate or
foreign commerce on a person on the list described in subsection (a) as
a result of harm caused by the criminal or other unlawful misuse of
such firearm or ammunition product by any other person.
''(d) Definitions.--In this section:
''(1) Ammunition product.--The term 'ammunition product'
means 'ammunition' as defined in section 921(a)(17) of title
18, United States Code, and includes a component part of such
ammunition product that has been shipped or transported in
interstate or foreign commerce.
''(2) Firearm product.--The term 'firearm product' means
'firearm' as defined in subparagraph (A) or (B) section
921(a)(3) of title 18, United States Code, and includes any
'antique firearm' as defined in section 921(a)(16) of such
title, and includes a component part of such a firearm that has
been shipped or transported in interstate or foreign commerce.
''(3) Interstate or foreign commerce.--The term 'interstate
or foreign commerce' has the meaning given that term in
section 921(a)(2) of title 18, United States Code.
''(4) Manufacturer.--The term 'manufacturer in interstate
or foreign commerce of a firearm or ammunition product' means--
''(A) a person who, in the course of a business in
interstate or foreign commerce to import, make,
produce, create, assemble, design, or formulate a
firearm or ammunition product, imports, makes,
produces, creates, assembles, designs, or formulates a
firearm or ammunition product, or engages another
person to import, make, produce, create, assemble,
design, or formulate a firearm or ammunition product;
''(B) a seller in interstate or foreign commerce of
a firearm or ammunition product made by another person,
but only with respect to an aspect of the firearm or
ammunition product that the seller makes, produces,
creates, assembles, designs, or formulates; and
''(C) any seller in interstate or foreign commerce
of a firearm or ammunition product on which, or on the
packaging of which, the seller is also represented as
the manufacturer of the firearm or ammunition product.
''(5) Restriction on interstate or foreign commerce.--The
term 'restriction on interstate or foreign commerce'--
''(A) means--
''(i) civil damages or equitable relief, or
''(ii) any other limitation or condition,
awarded or ordered by a Federal, State, or local court,
that restricts the ability of a person listed under
subsection (a) to freely engage in interstate or
foreign commerce with respect to firearm or ammunition
products, or of a trade association listed under
subsection (a) to freely engage in lawful activities on
behalf of its membership; and
''(B) does not include any damages, equitable
relief, or other limitation or condition arising from--
''(i) breach of contract or warranty in
connection with the purchase of a firearm or
ammunition product; or
''(ii) physical injuries or property damage
resulting directly from the failure to function
or improper functioning of a firearm or
ammunition product, when used as intended, due
to a defect in design or manufacture.
''(6) Seller.--The term 'seller in interstate or foreign
commerce of a firearm or ammunition product' means a person
who--
''(A) in the course of a business conducted in
interstate or foreign commerce for such purpose, sells,
distributes, rents, leases, prepares, blends, packages,
labels, or otherwise is involved in placing a firearm
or ammunition product in the stream of commerce; or
''(B) in the course of a business conducted in
interstate or foreign commerce for such purpose,
installs, repairs, refurbishes, reconditions, or
maintains an aspect of a firearm or ammunition product.
''(7) State.--The term 'State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
''(8) Trade association.--The term 'trade association'
means any association or business organization (whether or not
incorporated under the laws of any State), 2 or more members of
which are manufacturers or sellers in interstate or foreign
commerce of a firearm or ammunition product.
''(e) Limitation on Use of List.--No officer, agency, or
instrumentality of the United States may use the list established and
maintained under this section for any purpose other than the
enforcement of the provisions of this section, nor shall the list be
used or allowed to be used in any way that would result in the creation
of any registry of firearms, firearm owners, or firearm purchasers by
the United States, or by any State or any political subdivision
thereof.''.

SOLUTION: Protection of Lawful Commerce in Arms Act - Amends the Organic Act establishing the Department of Commerce to direct the Secretary of Commerce to establish and maintain a list of each person that notifies the Secretary that it is a manufacturer or seller that is: (1) licensed to engage in interstate or foreign commerce of a firearm (including antique firearm) or ammunition product; or (2) is a trade association representing such manufacturers or sellers. Declares that any lawful conduct carried out by a manufacturer or seller in interstate or foreign commerce of a firearm or ammunition product, or lawful conduct carried out by a trade association in the course of representing such manufacturers or sellers, shall not be the basis for imposing a restriction on such commerce (the award of civil damages, equitable relief, or any other specified limitation) as a result of harm caused by the criminal or other unlawful misuse of such firearm or ammunition product by any other person.

PROBLEM: SECTION 1. SHORT TITLE; FINDINGS.

(a) Short Title.--This Act may be cited as the ''Medicare Home
Health Case Manager Act of 1998''.
(b) Findings.--The Congress finds as follows:
(1) A Medicare beneficiary experiencing a severe or chronic
illness faces a bewildering array of home health and post-acute
care hospital services at a time in life when the Medicare
beneficiary is least able to ''manage'' the choices, especially
for beneficiaries who do not have family members to help them
consider the choices.
(2) Such a Medicare beneficiary may be unaware of the
financial relationships between institutions and agencies which
may cause the patient to be referred for home health services
that are unnecessary or not furnished in the most appropriate
setting.
(3) Medicare fee-for-service does not currently have a
system in which a physician or other health care provider is
encouraged to guide the patient through this maze of services
and help ensure that choices are made that maximize benefits
while minimizing costs.
(4) Chronically ill medicare patients need an independent
ombudsman to help develop a plan of care and to periodically
adjust the plan for the sole benefit of the patient and the
patient's family.

SEC. 2. ESTABLISHMENT OF MEDICARE HOME HEALTH CARE CASE MANAGERS FOR
LONG TERM HOME HEALTH SPELLS OF ILLNESS.

(a) Requirement for Case Management Plan for Beneficiaries
Requiring Extended Home Health Services.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended, in the matter preceding
paragraph (1), by inserting after ''under a plan (for
furnishing such items and services to such individual)
established and periodically reviewed by a physician'' the
following: ''and, in the case of such services furnished (or
likely to be required to be furnished) for an extended period
(as defined by the Secretary in regulations), under a home
health case management plan (as defined in subsection (uu)(2))
established by a home health case manager (as defined in
subsection (uu)(1)) in consultation with the physician and, if
available, the family of the individual''.
(2) Definitions.--Section 1861 of such Act (42 U.S.C.
1395x) is amended by adding at the end the following new
subsection:

''Home Health Case Manager

''(uu)(1) The term 'home health case manager' means a public agency
or private organization (or a subdivision thereof) that--
''(A) develops, coordinates, and monitors the delivery of
home health services by home health agencies to an individual;
''(B) has experience and expertise in the furnishing of
home health services; and
''(C) meets such other standards as the Secretary finds
necessary for the effective and efficient development and
oversight of home health case management plans and to ensure
the health and safety of individuals furnished services under
such a plan.
''(2) The term 'home health case management plan' means a
structured plan for the delivery of home health services that is
developed by a home health case manager, after consultation with the
physician and, if available, the family of the individual involved.
''(3) The term 'home health case manager services' means the
development, coordination, and monitoring of a home health case
management plan for an individual furnished (or likely to be required
to be furnished) home health services for an extended period (as
defined by the Secretary in regulations under subsection (m)) and
includes the periodic review of such a plan.''.
(3) Guidance on initiation of case manager services.--The
Secretary of Health and Human Services shall provide guidance
on the process or processes that may be used to identify
Medicare beneficiaries requiring home health services for
extended periods and to develop home health case management
plans on a timely basis.
(4) Limitation on referrals.--Section 1877 of the Social
Security Act (42 U.S.C. 1395nn) shall apply to a referral by a
home health case manager to a home health agency in the same
manner as such section applies to a referral by a physician to
an entity described in section 1877(a)(2) of such Act.
(b) Coverage of and Payment for Home Health Case Manager
Services.--
(1) Part a.--
(A) Coverage.--Section 1812(a)(3) of such Act (42
U.S.C. 1395d(a)(3)) is amended by inserting before the
semicolon '', and home health case manager services (as
defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1814(a)(2)(C) of such Act
(42 U.S.C. 1395f(a)(2)(C)) is amended by inserting
''and, in the case of such services furnished for an
extended period (as defined by the Secretary under
section 1861(m)), under a home health case management
plan that has been established and periodically
reviewed by a home health case manager'' after ''is
periodically reviewed by a physician''.
(C) Payment.--Section 1812 of such Act (42 U.S.C.
1395d) is amended by adding at the end the following
new subsection:
''(h)(1) Payment under this part for home health case manager
services (as defined in section 1861(uu)(3)) shall be made pursuant to
the fee schedule established by the Secretary under section 1834(m).
''(2)(A) Payment may be made under this title for home health case
manager services in the case of an individual only--
''(i) for the initial development of the home health case
management plan for the individual, and
''(ii) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(2) Coverage under part b.--
(A) In general.--Section 1832(a)(2)(A) of such Act
(42 U.S.C. 1395k(a)(2)(A)) is amended by inserting
before the semicolon '', and home health case manager
services (as defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1835(a)(2) of such Act
(42 U.S.C. 1395n(a)(2)) is amended by inserting ''and,
in the case of such services furnished for an extended
period (as defined by the Secretary under section
1861(m)), under a home health case management plan that
has been established and periodically reviewed by a
home health case manager'' after ''is periodically
reviewed by a physician''.
(C) Payment.--Section 1833 of such Act (42 U.S.C.
1395l) is amended--
(i) in subsection (a)(2)--
(I) by striking ''and'' at the end
of subparagraph (F);
(II) by adding ''and'' at the end
of subparagraph (G); and
(III) by adding after subparagraph
(G) the following new subparagraph:
''(H) subject to subsection (u), with respect to
home health case manager services (as defined in
section 1861(uu)(3), the amount determined under the
fee schedule established under section 1834(m);'', and
(ii) by adding at the end the following new
subsection:
''(u)(1) Payment may be made under this title for home health case
manager services in the case of an individual only--
''(A) for the initial development of the home health case
management plan for the individual, and
''(B) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(3) Establishment of Fee Schedule.--Section 1834 of such
Act (42 U.S.C. 1395m) is amended by adding at the end the
following new section:
''(m) Establishment of Fee Schedule for Home Health Case Manager
Services.--
''(1) In general.--The Secretary shall establish a fee
schedule for payment for home health case manager services.
Such schedule may provide for rates that differ for such
services that comprise the establishment of a home health case
management plan and that comprise review and modification of
such a plan.
''(2) Considerations.--In establishing such fee schedule,
the Secretary shall consider appropriate regional and
operational differences and adjustments to payment rates to
account for inflation and other relevant factors.
''(3) Consultation.--In establishing the fee schedule for
home health case manager services under this subsection, the
Secretary shall consult with appropriate organizations
representing individuals and entities who furnish referral
services for home health services and share with such
organizations relevant data in establishing such schedule.''.
(c) Effective Dates.--
(1) Requirement of case management plan.--The amendment
made by subsection (a)(1) applies with respect to home health
services furnished on or after October 1, 2000.
(2) Payment for case manager services.--The amendments made
by subsection (b) apply to home health case manager services
furnished on or after 6 months before the effective date
specified in paragraph (1).

SEC. 3. REPORT TO CONGRESS ON FEASIBILITY OF CASE MANAGERS WITH RESPECT
TO OTHER MEDICARE SERVICES.

(a) Study.--The Secretary of Health and Human Services shall
conduct a study of the types of services consisting of post-acute
hospital care furnished under the Medicare program under title XVIII of
the Social Security Act to determine whether use of case managers and
case management plans similar to home health case managers (as defined
in section 1861(uu)(1)) and home health case management plans (as
defined in section 1861(uu)(2)) is feasible and appropriate for each
such type of service. In conducting the study, the Secretary shall also
determine whether such case managers and case management plans may
improve quality of care and patient outcomes under the medicare
program, may result in cost savings to the program, and may reduce
incidents of waste, fraud and abuse against the program.
(b) Report.--Not later than January 1, 2001, the Secretary shall
submit to Congress a report containing the determinations made pursuant
to the study conducted under subsection (a) and any recommendations for
legislative and administrative action the Secretary deems appropriate.

SOLUTION:
Medicare Home Health Case Manager Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with regard to home health services to: (1) require a case management plan established by a home health case manager for beneficiaries requiring extended home health services; and (2) provide for coverage of and payment for home health case manager services under Medicare part A (Hospital Insurance) and B (Supplementary Medical Insurance).
Directs the Secretary of Health and Human Services to: (1) establish a fee schedule for payment for home health case manager services; and (2) study and report to the Congress on the feasibility of case managers with respect to Medicare post-acute hospital care services.