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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mothers' and Infants' Good Health
Act of 1995''.

SEC. 2. REQUIRED COVERAGE FOR CHILD BIRTH.

(a) In General.--A health plan that provides maternity benefits
that include benefits for child birth shall ensure that--
(1) in the case of delivery in a hospital or other
inpatient setting, coverage is provided for a minimum of 48
hours of inpatient care following a vaginal delivery and a
minimum of 96 hours of inpatient care following a caesarean
section for a mother and her newly born child in a health care
facility; and
(2) in the case of delivery in the home or other outpatient
setting, coverage for appropriate home health care in the
setting is provided for a minimum of 48 hours following
delivery.
(b) Terms of Coverage.--A health plan fails to provide coverage
required under subsection (a) if the plan imposes cost-sharing with
respect to care described in such subsection which varies depending on
the length of stay within the minimum period required under such
subsection.
(c) Prohibition.--In implementing the requirements of this section,
a health plan may not modify the terms and conditions of coverage based
on the determination by an enrollee to request less than the minimum
coverage required under subsection (a).
(d) Notice.--A health plan shall provide notice to each enrollee
under such plan regarding the coverage required by this section in
accordance with regulations promulgated by the Secretary of Health and
Human Services, in consultation with the National Association of
Insurance Commissioners. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed by the health plan and shall be transmitted--
(1) in the next mailing of general information made by the
plan to the enrollee,
(2) as part of the yearly informational packet sent to the
enrollee, or
(3) not later than January 1, 1996,
whichever is earliest.
(e) Enforcement.--
(1) Failure to provide coverage.--Any health plan that
violates the provisions of this section (other than subsection
(d)) shall be subject to a civil money penalty in an amount
determined by the Secretary of Health and Human Services.
(2) Failure to provide notice.--Any health plan that
violates the provisions of subsection (d) shall be subject to a
civil money penalty in an amount determined by the Secretary of
Health and Human Services.
(3) Process.--The provisions of section 1128A of the Social
Security Act (other than subsections (a) and (b)) shall apply
to civil money penalties under this subsection in the same
manner as they apply to a penalty or proceeding under section
1128A(a) of such Act.
(f) Health Plan.--
(1) In general.--As used in this section, the term ''health
plan'' means any plan or arrangement which provides, or pays
the cost of, health benefits.
(2) Exclusions.--Such term does not include the following,
or any combination thereof:
(A) Coverage only for accidental death or
dismemberment.
(B) Coverage providing wages or payments in lieu of
wages for any period during which the employee is
absent from work on account of sickness or injury.
(C) A medicare supplemental policy (as defined in
section 1882(g)(1) of the Social Security Act).
(D) Coverage issued as a supplement to liability
insurance.
(E) Worker's compensation or similar insurance.
(F) Automobile medical-payment insurance.
(G) A long-term care policy, including a nursing
home fixed indemnity policy (unless the Secretary
determines that such a policy provides sufficiently
comprehensive coverage of a benefit so that it should
be treated as a health plan).
(H) Such other plan or arrangement as the Secretary
of Health and Human Services determines is not a health
plan.
(3) Certain plans included.--Such term includes any plan or
arrangement not described in any subparagraph of paragraph (2)
which provides for benefit payments, on a periodic basis, for--
(A) a specified disease or illness, or
(B) period of hospitalization,
without regard to the costs incurred or services rendered
during the period to which the payments relate.

SEC. 3. EFFECTIVE DATE.

The provisions of section 2 shall apply to all health plans
offered, sold, issued, or renewed after the date of the enactment of
this Act.
Mothers' and Infants' Good Health Act of 1995 - Requires a health plan that provides maternity benefits that include benefits for child birth to provide coverage for a minimum amount of time following delivery in: (1) a health care facility; and (2) the home or other outpatient setting. Prohibits a health plan from modifying the terms and conditions of coverage, if an enrollee requests less than the minimum coverage required in this Act.
Requires a health plan to provide notice, as specified, to each enrollee regarding the coverage required in this Act.
Establishes civil penalties for failure to provide coverage and failure to provide notice.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Home Health Rebasing Relief
and Reassessment Act''.

SEC. 2. RELIEF AND REASSESSMENT OF THE REBASING OF MEDICARE HOME HEALTH
PROSPECTIVE PAYMENT AMOUNTS.

(a) Suspension of Rebasing.--Section 1895(b)(3)(A)(iii) of the
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(iii)) is amended--
(1) in subclause (I), in the first sentence, by striking
''subclause (II)'' and inserting ''subclauses (II) and (III)'';
(2) in subclause (II), in the first sentence, by striking
''The Secretary'' and inserting ''Subject to subclause (III),
the Secretary''; and
(3) by adding at the end the following new subclause:
''(III) Special rule.--Subclauses
(I) and (II) shall not apply for the
12-month period beginning on the date
of the enactment of this subclause. For
periods beginning after the period
described in the previous sentence, the
Secretary shall apply such subclauses
as if the previous sentence had not
been enacted.''.
(b) Revision of Home Health Outlier Adjustment.--Section
1895(b)(5)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(5)(A))
is amended, in the second sentence, by inserting ''(or, in the case of
each of the years 2015 through 2023, 2.25 percent)'' after ''2.5
percent''.
(c) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of Health and Human
Services, in consultation with representatives of
Medicare home health agencies and beneficiaries, shall
conduct a study on alternative methods for determining
the appropriate adjustment under section
1895(b)(3)(A)(iii) of the Social Security Act (42
U.S.C. 1395(b)(3)(A)(iii)), including methods offered
by stakeholders. Such study shall include an analysis
of each of the following:
(i) The projected impact on Medicare
beneficiary access to care during each of 2014
through 2017 of applying section 1895(b)(3)
during each of such years without application
of subparagraph (A)(iii) of such section,
compared to the projected impact on such access
during each of such years of applying such
section during each of such years with
application of such subparagraph.
(ii) The number and share of home health
agencies that are projected to experience
negative Medicare margins by 2017, including
the location, size, and type of such agencies.
(iii) With respect to home health agencies
described in clause (ii)--
(I) the total number, average age,
average income, and average number of
activities of daily living of the
Medicare beneficiaries such agencies
serve;
(II) the number of staff such
agencies employ;
(III) the number and location of
counties in which such agencies serve
as the sole provider of Medicare home
health services; and
(IV) to the extent practicable, the
payer mix of such agencies.
(iv) The impact of the adjustment on small
home health agencies, as defined by the United
States Small Business Administration small
business size standards, consistent with the
principles of the Regulatory Flexibility Act,
which requires Federal agencies, including the
Department of Health and Human Services, to
fully consider during the rulemaking process
the economic impact of regulatory provisions,
as well as less burdensome regulatory
alternatives, to small entities.
(v) Any other areas determined appropriate
by the Secretary.
(B) Requirement for alternative methods and other
considerations.--For purposes of the analysis under
subparagraph (A)--
(i) the alternative methods described in
such subparagraph shall cover each of the years
in which the rebasing adjustment under such
section 1895(b)(3)(A)(iii) is to be applied;
and
(ii) the Secretary shall include a
cumulative analysis of other Medicare home
health reimbursement reductions established by
statute or regulation, consistent with the
requirements of Executive Order 13563.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the study
conducted under paragraph (1), together with such
recommendations as the Secretary determines appropriate based
on the findings of such study. Such report shall include--
(A) a determination by the Secretary as to whether,
as a result of the findings of such study, the
Secretary intends to use the authority under section
1871 of the Social Security Act (42 U.S.C. 1395hh) to
modify the adjustment described in paragraph (1)(A) and
the extent of any such modification; and
(B) in the case the Secretary determines not to use
such authority, the rationale for such determination.
Medicare Home Health Rebasing Relief and Reassessment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the system for prospective payments for home health services, to suspend for a 12-month period a specified adjustment to (rebasing of) Medicare home health prospective payment amounts. Revises the home health outlier adjustment to equal not to exceed 2.25% (currently, 2.5%) for 2015 through 2023. Directs the Secretary of Health and Human Services (HHS) to study alternative methods for determining the appropriate adjustment for 2014 and subsequent years to the prospective payment for home health services, including methods offered by stakeholders.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2006''.

SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.

(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ''Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(2) Commission.--The term ''Commission'' means the
Commission of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term
''nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a nonpreferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(4) Pierre canal feature.--The term ''Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(5) Preferential leaseholder.--The term ''preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ''preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ''State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ''unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a term of each conveyance under
subsections (d)(5) and (e), respectively, the State may agree
to accept--
(A) in ''as is'' condition, the portions of the
Blunt Reservoir Feature and the Pierre Canal Feature
that pass into State ownership;
(B) any liability accruing after the date of
conveyance as a result of the ownership, operation, or
maintenance of the features referred to in subparagraph
(A), including liability associated with certain
outstanding obligations associated with expired
easements, or any other right granted in, on, over, or
across either feature; and
(C) the responsibility that the Commission will act
as the agent for the Secretary in administering the
purchase option extended to preferential leaseholders
under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of
record, as of the date of enactment of this Act, by or
in favor of a third party; and
(B) any permit, license, lease, right-of-use, or
right-of-way of record in, on, over, or across a
feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall be
subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for
the transfer of property to State agencies for wildlife
conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Secretary or the Commission, acting
as an agent for the Secretary, the preferential lease parcel
that is the subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on one of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(I).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 5 years after enactment of
this Act to exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Secretary the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal less 25
percent, exclusive of the value of private improvements
made by the leaseholders while the land was federally
owned before the date of the enactment of this Act, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Secretary shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Proceeds of sales of land under this
Act shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
convey to the South Dakota Department of Game, Fish,
and Parks the nonpreferential lease parcels and
unleased parcels of the Blunt Reservoir and Pierre
Canal.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South
Dakota Department of Game, Fish, and Parks, the South
Dakota Commission of Schools and Public Lands may allow
a person to exchange land that the person owns
elsewhere in the State for a nonpreferential lease
parcel or unleased parcel at Blunt Reservoir or Pierre
Canal, as the case may be.
(B) Priority.--The right to exchange
nonpreferential lease parcels or unleased parcels shall
be granted in the following order or priority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent
landowners for unleased parcels and
nonpreferential lease parcels not exchanged by
current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal
Feature under this paragraph, the United States
reserves a perpetual easement to the land to allow for
the right to design, construct, operate, maintain,
repair, and replace a pipeline or other water
conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held
liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the parcel, except for
damages for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United States,
before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under chapter
171 of title 28, United States Code (commonly known as the
''Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to lease
each preferential lease parcel or nonpreferential lease parcel
to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment of
this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of the enactment of this Act, the
Secretary, in consultation with the Commission, shall provide
the State a full legal description of all preferential lease
parcels and nonpreferential lease parcels that may be conveyed
under this section.
(h) Curation of Archeological Collections.--The Secretary, in
consultation with the State, shall transfer, without cost to the State,
all archeological and cultural resource items collected from the Blunt
Reservoir Feature and Pierre Canal Feature to the South Dakota State
Historical Society.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Commission and the State Department of Game,
Fish, and Parks for expenses incurred implementing this Act, not to
exceed 10 percent of the cost of each transaction conducted under this
Act.

Passed the House of Representatives July 24, 2006.

Attest:

KAREN L. HAAS,

Clerk.
Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Unit, James Division, authorized as part of the Pick-Sloan Missouri River Basin Program.

Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal features an option to purchase the land they lease from the Secretary of the Interior, acting through the Commissioner of Reclamation, or the Commission of Schools and Public Lands of South Dakota. Prescribes terms for such purchases, the option exercise period, and the basis for parcel valuation. Directs the Secretary to convey all preferential lease parcels not purchased by the leaseholder and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes: (1) the state of South Dakota to accept certain conditions of conveyance, including that it receives the land conveyed in "as is" condition and accepts liability accruing as a result of ownership, operation, and maintenance of the features; and (2) the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir and Pierre Canal Features to the South Dakota State Historical Society. Authorizes appropriations.