instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Prescription Drug Fairness for
Seniors Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) Manufacturers of prescription drugs engage in price
discrimination practices that compel many older Americans to
pay substantially more for prescription drugs than consumers in
foreign nations and the drug manufacturers' most favored U.S.
customers, such as health insurers, health maintenance
organizations, and the Federal Government.
(2) Older Americans who buy their own prescription drugs
often pay twice as much for prescription drugs as consumers in
foreign nations and the drug manufacturers' most favored U.S.
customers. In some cases, older Americans pay 10 times more for
prescription drugs than such customers.
(3) The discriminatory pricing by major drug manufacturers
sustains their high profits (for example, $27,300,000,000 in
1999), but causes financial hardship and impairs the health and
well-being of millions of older Americans. Many older Americans
are forced to choose between buying their food and buying their
medicines.
(4) Foreign nations and U.S. federally funded health care
programs use purchasing power to obtain prescription drugs at
low prices. Medicare beneficiaries are denied this benefit and
cannot obtain their prescription drugs at the lower prices
available to such nations and programs.
(5) Implementation of the policy set forth in this Act will
reduce prices for brand name prescription drugs for many
Medicare beneficiaries by an average of 40 percent.
(6) In addition to substantially lowering the costs of
prescription drugs for older Americans, implementation of the
policy set forth in this Act will significantly improve the
health and well-being of older Americans and lower the costs to
the Federal taxpayer of the Medicare program.
(7) Older Americans who are terminally ill and receiving
hospice care services represent some of the most vulnerable
individuals in our nation. Making prescription drugs available
to Medicare beneficiaries under the care of Medicare-certified
hospices will assist in extending the benefits of lower
prescription drug prices to those most vulnerable and in need.
(b) Purpose.--The purpose of this Act is to protect Medicare
beneficiaries from discriminatory pricing by drug manufacturers and to
make prescription drugs available to Medicare beneficiaries at
substantially reduced prices.

SEC. 3. PARTICIPATING MANUFACTURERS.

(a) In General.--Each participating manufacturer of a covered
outpatient drug shall make available for purchase by each pharmacy such
covered outpatient drug in the amount described in subsection (b) at
the price described in subsection (c).
(b) Description of Amount of Drugs.--The amount of a covered
outpatient drug that a participating manufacturer shall make available
for purchase by a pharmacy is an amount equal to the aggregate amount
of the covered outpatient drug sold or distributed by the pharmacy to
Medicare beneficiaries.
(c) Description of Price.--The price at which a participating
manufacturer shall make a covered outpatient drug available for
purchase by a pharmacy is a price no greater than the manufacturer's
average foreign price.
(d) Enforcement.--The United States shall debar a manufacturer of
drugs or biologicals that does not comply with the provisions of this
Act.

SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS.

For purposes of determining the amount of a covered outpatient drug
that a participating manufacturer shall make available for purchase by
a pharmacy under section 3, there shall be included in the calculation
of such amount the amount of the covered outpatient drug sold or
distributed by a pharmacy to a hospice program. In calculating such
amount, only amounts of the covered outpatient drug furnished to a
Medicare beneficiary enrolled in the hospice program shall be included.

SEC. 5. ADMINISTRATION.

The Secretary shall issue such regulations as may be necessary to
implement this Act.

SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.

(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
report to the Congress regarding the effectiveness of this Act in--
(1) protecting Medicare beneficiaries from discriminatory
pricing by drug manufacturers, and
(2) making prescription drugs available to Medicare
beneficiaries at substantially reduced prices.
(b) Consultation.--In preparing such reports, the Secretary shall
consult with public health experts, affected industries, organizations
representing consumers and older Americans, and other interested
persons.
(c) Recommendations.--The Secretary shall include in such reports
any recommendations the Secretary considers appropriate for changes in
this Act to further reduce the cost of covered outpatient drugs to
Medicare beneficiaries.

SEC. 7. DEFINITIONS.

In this Act:
(1) Average foreign price.--
(A) In general.--The term ''average foreign price''
means, with respect to a covered outpatient drug, the
average price that the manufacturer of the drug
realizes on the sale of drugs with the same active
ingredient or ingredients that are consumed in covered
foreign nations, taking into account--
(i) any rebate, contract term or condition,
or other arrangement (whether with the
purchaser or other persons) that has the effect
of reducing the amount realized by the
manufacturer on the sale of the drugs; and
(ii) adjustments for any differences in
dosage, formulation, or other relevant
characteristics of the drugs.
(B) Exempt transactions.--The Secretary may, by
regulation, exempt from the calculation of the average
foreign price of a drug those prices realized by a
manufacturer in transactions that are entered into for
charitable purposes, for research purposes, or under
other unusual circumstances, if the Secretary
determines that the exemption is in the public interest
and is consistent with the purposes of this Act.
(2) Covered foreign nation.--The term ''covered foreign
nation' means Canada, France, Germany, Italy, Japan, and the
United Kingdom.
(3) Covered outpatient drug.--The term ''covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(4) Debar.--The term ''debar'' means to exclude, pursuant
to established administrative procedures, from Government
contracting and subcontracting for a specified period of time
commensurate with the seriousness of the failure or offense or
the inadequacy of performance.
(5) Hospice program.--The term ''hospice program'' has the
meaning given that term under section 1861(dd)(2) of the Social
Security Act (42 U.S.C. 1395x(dd)(2)).
(6) Medicare beneficiary.--The term ''Medicare
beneficiary'' means an individual entitled to benefits under
part A of title XVIII of the Social Security Act or enrolled
under part B of such title, or both.
(7) Participating manufacturer.--The term ''participating
manufacturer'' means any manufacturer of drugs or biologicals
that, on or after the date of the enactment of this Act, enters
into a contract or agreement with the United States for the
sale or distribution of covered outpatient drugs to the United
States.
(8) Secretary.--The term ''Secretary'' means the Secretary
of Health and Human Services.

SEC. 8. EFFECTIVE DATE.

The Secretary shall implement this Act as expeditiously as
practicable and in a manner consistent with the obligations of the
United States.
answer:
Prescription Drug Fairness for Seniors Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price no greater than the manufacturer's average foreign price. Sets forth special provisions with respect to hospice programs.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Review EPA's Language on Agriculture
and Thoroughly Engage with the Farm Act of 2013'' or the ''RELATE with
the Farm Act of 2013''.

SEC. 2. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE.

(a) Review of Regulatory Agenda.--The Secretary of Agriculture
shall review publications that may give notice that the Environmental
Protection Agency is preparing or plans to prepare any guidance,
policy, memorandum, regulation, or statement of general applicability
and future effect that may have a significant impact on a substantial
number of agricultural entities, including--
(1) any regulatory agenda of the Environmental Protection
Agency published pursuant to section 602 of title 5, United
States Code;
(2) any regulatory plan or agenda published by the
Environmental Protection Agency or the Office of Management and
Budget pursuant to an Executive order, including Executive
Order 12866; and
(3) any other publication issued by the Environmental
Protection Agency or the Office of Management and Budget that
may reasonably be foreseen to contain notice of plans by the
Environmental Protection Agency to prepare any guidance,
policy, memorandum, regulation, or statement of general
applicability and future effect that may have a significant
impact on a substantial number of agricultural entities.
(b) Information Gathering.--For a publication item reviewed under
subsection (a) that the Secretary determines may have a significant
impact on a substantial number of agricultural entities, the Secretary
shall--
(1) solicit from the Administrator of the Environmental
Protection Agency any information the Administrator may provide
to facilitate a review of the publication item;
(2) utilize the Chief Economist of the Department of
Agriculture to produce an economic impact statement for the
publication item that contains a detailed estimate of potential
costs to agricultural entities;
(3) identify individuals representative of potentially
affected agricultural entities for the purpose of obtaining
advice and recommendations from such individuals about the
potential impacts of the publication item; and
(4) convene a review panel for analysis of the publication
item that includes the Secretary, any full-time Federal
employee of the Department of Agriculture appointed to the
panel by the Secretary, and any employee of the Environmental
Protection Agency or the Office of Information and Regulatory
Affairs within the Office of Management and Budget that accepts
an invitation from the Secretary to participate in the panel.
(c) Duties of the Review Panel.--A review panel convened for a
publication item under subsection (b)(4) shall--
(1) review any information or material obtained by the
Secretary and prepared in connection with the publication item,
including any draft proposed guidance, policy, memorandum,
regulation, or statement of general applicability and future
effect;
(2) collect advice and recommendations from agricultural
entity representatives identified by the Administrator after
consultation with the Secretary;
(3) compile and analyze such advice and recommendations;
and
(4) make recommendations to the Secretary based on the
information gathered by the review panel or provided by
agricultural entity representatives.
(d) Comments.--
(1) In general.--Not later than 60 days after the date the
Secretary convenes a review panel pursuant to subsection
(b)(4), the Secretary shall submit to the Administrator
comments on the planned or proposed guidance, policy,
memorandum, regulation, or statement of general applicability
and future effect for consideration and inclusion in any
related administrative record, including--
(A) a report by the Secretary on the concerns of
agricultural entities;
(B) the findings of the review panel;
(C) the findings of the Secretary, including any
adopted findings of the review panel; and
(D) recommendations of the Secretary.
(2) Publication.--The Secretary shall publish the comments
in the Federal Register and make the comments available to the
public on the public Internet website of the Department of
Agriculture.
(e) Waivers.--The Secretary may waive initiation of the review
panel under subsection (b)(4) as the Secretary determines appropriate.
(f) Definition of Agricultural Entity.--In this section, the term
''agricultural entity'' means any entity involved in or related to
agricultural enterprise, including enterprises that are engaged in the
business of production of food and fiber, ranching and raising of
livestock, aquaculture, and all other farming and agricultural related
industries.
answer:
Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013 or the RELATE with the Farm Act of 2013 - Directs the Secretary of Agriculture (USDA) to review publications that may give notice that the Environmental Protection Agency (EPA) is preparing or plans to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

Not later than January 1, 2010, the Secretary of Health and Human
Services shall submit to Congress a proposal for a formalized process
for the development of performance-based quality measures that could be
applied to physicians' services under the Medicare program under title
XVIII of the Social Security Act. Such proposal shall be in concert and
agreement with the Physician Consortium for Performance Improvement and
shall only utilize measures agreed upon by each physician specialty
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE
GUIDELINES.

(a) Selection and Issuance of Best Practices Guidelines.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ''Secretary'') shall
provide for the selection and issuance of best practice
guidelines (each in this subsection referred to as a
''guideline'') in accordance with paragraphs (2) and (3).
(2) Development process.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall enter
into a contract with a qualified physician consensus-building
organization (such as the Physician Consortium for Performance
Improvement), in concert and agreement with physician specialty
organizations, to develop guidelines for treatment of medical
conditions for application under subsection (b). Under the
contract, the organization shall take into consideration any
endorsed performance-based quality measures described in
section 2. Under the contract and not later than 18 months
after the date of the enactment of this Act, the organization
shall submit best practice guidelines for issuance as
guidelines under paragraph (3).
(3) Issuance.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
issue, by regulation, after notice and opportunity for
public comment, guidelines that have been recommended
under paragraph (2) for application under subsection
(b).
(B) Limitation.--The Secretary may not issue
guidelines unless they have been approved or endorsed
by qualified physician consensus-building organization
involved and physician specialty organizations.
(C) Dissemination.--The Secretary shall broadly
disseminate the guidelines so issued.
(b) Limitation on Damages.--
(1) Limitation on noneconomic damages.--In any health care
lawsuit, no noneconomic damages may awarded with respect to
treatment that is within a guideline issued under subsection
(a).
(2) Limitation on punitive damages.--In any health care
lawsuit, no punitive damages may be awarded against a health
care practitioner based on a claim that such treatment caused
the claimant harm if--
(A) such treatment was subject to the quality
review by a qualified physician consensus-building
organization;
(B) such treatment was approved in a guideline that
underwent full review by such organization, public
comment, approval by the Secretary, and dissemination
as described in subparagraph (a); and
(C) such medical treatment is generally recognized
among qualified experts (including medical providers
and relevant physician specialty organizations) as
safe, effective, and appropriate.
(c) Use.--
(1) Introduction as evidence.--Guidelines under subsection
(a) may not be introduced as evidence of negligence or
deviation in the standard of care in any civil action unless
they have previously been introduced by the defendant.
(2) No presumption of negligence.--There would be no
presumption of negligence if a participating physician does not
adhere to such guidelines.
(d) Construction.--Nothing in this section shall be construed as
preventing a State from--
(1) replacing their current medical malpractice rules with
rules that rely, as a defense, upon a health care provider's
compliance with a guideline issued under subsection (a); or
(2) applying additional guidelines or safe-harbors that are
in addition to, but not in lieu of, the guidelines issued under
subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

''SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
TRIBUNALS.

''(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
''(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
''(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
''(d) Expert Panel Review and Early Offer Guidelines.--
''(1) In general.--Prior to the submission of any dispute
concerning injuries allegedly caused by health care providers
to an administrative health care tribunal under this section,
such allegations shall first be reviewed by an expert panel.
''(2) Composition.--
''(A) In general.--The members of each expert panel
under this subsection shall be appointed by the head of
the State agency responsible for health. Each expert
panel shall be composed of no fewer than 3 members and
not more than 7 members. At least one-half of such
members shall be medical experts (either physicians or
health care professionals).
''(B) Licensure and expertise.--Each physician or
health care professional appointed to an expert panel
under subparagraph (A) shall--
''(i) be appropriately credentialed or
licensed in 1 or more States to deliver health
care services; and
''(ii) typically treat the condition, make
the diagnosis, or provide the type of treatment
that is under review.
''(C) Independence.--
''(i) In general.--Subject to clause (ii),
each individual appointed to an expert panel
under this paragraph shall--
''(I) not have a material familial,
financial, or professional relationship
with a party involved in the dispute
reviewed by the panel; and
''(II) not otherwise have a
conflict of interest with such a party.
''(ii) Exception.--Nothing in clause (i)
shall be construed to prohibit an individual
who has staff privileges at an institution
where the treatment involved in the dispute was
provided from serving as a member of an expert
panel merely on the basis of such affiliation,
if the affiliation is disclosed to the parties
and neither party objects.
''(D) Practicing health care professional in same
field.--
''(i) In general.--In a dispute before an
expert panel that involves treatment, or the
provision of items or services--
''(I) by a physician, the medical
experts on the expert panel shall be
practicing physicians (allopathic or
osteopathic) of the same or similar
specialty as a physician who typically
treats the condition, makes the
diagnosis, or provides the type of
treatment under review; or
''(II) by a health care
professional other than a physician, at
least two medical experts on the expert
panel shall be practicing physicians
(allopathic or osteopathic) of the same
or similar specialty as the health care
professional who typically treats the
condition, makes the diagnosis, or
provides the type of treatment under
review, and, if determined appropriate
by the State agency, an additional
medical expert shall be a practicing
health care professional (other than
such a physician) of such a same or
similar specialty.
''(ii) Practicing defined.--In this
paragraph, the term 'practicing' means, with
respect to an individual who is a physician or
other health care professional, that the
individual provides health care services to
individual patients on average at least 2 days
a week.
''(E) Pediatric expertise.--In the case of dispute
relating to a child, at least 1 medical expert on the
expert panel shall have expertise described in
subparagraph (D)(i) in pediatrics.
''(3) Determination.--After a review under paragraph (1),
an expert panel shall make a determination as to the liability
of the parties involved and compensation.
''(4) Acceptance.--If the parties to a dispute before an
expert panel under this subsection accept the determination of
the expert panel concerning liability and compensation, such
compensation shall be paid to the claimant and the claimant
shall agree to forgo any further action against the health care
providers involved.
''(5) Failure to accept.--If any party decides not to
accept the expert panel's determination, the matter shall be
referred to an administrative health care tribunal created
pursuant to this section.
''(e) Administrative Health Care Tribunals.--
''(1) In general.--Upon the failure of any party to accept
the determination of an expert panel under subsection (d), the
parties shall have the right to request a hearing concerning
the liability or compensation involved by an administrative
health care tribunal established by the State involved.
''(2) Requirements.--In establishing an administrative
health care tribunal under this section, a State shall--
''(A) ensure that such tribunals are presided over
by special judges with health care expertise;
''(B) provide authority to such judges to make
binding rulings, rendered in written decisions, on
standards of care, causation, compensation, and related
issues with reliance on independent expert witnesses
commissioned by the tribunal;
''(C) establish gross negligence as the legal
standard for the tribunal;
''(D) allow the admission into evidence of the
recommendation made by the expert panel under
subsection (d); and
''(E) provide for an appeals process to allow for
review of decisions by State courts.
''(f) Review by State Court After Exhaustion of Administrative
Remedies.--
''(1) Right to file.--If any party to a dispute before a
health care tribunal under subsection (e) is not satisfied with
the determinations of the tribunal, the party shall have the
right to file their claim in a State court of competent
jurisdiction.
''(2) Forfeit of awards.--Any party filing an action in a
State court in accordance with paragraph (1) shall forfeit any
compensation award made under subsection (e).
''(3) Admissibility.--The determinations of the expert
panel and the administrative health care tribunal pursuant to
subsections (d) and (e) with respect to a State court
proceeding under paragraph (1) shall be admissible into
evidence in any such State court proceeding.
''(g) Definition.--In this section, the term 'health care provider'
has the meaning given such term for purposes of part A of title VII.
''(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

It is the sense of Congress that a health insurance issuer should
be liable for damages for harm caused when it makes a decision as to
what care is medically necessary and appropriate.
answer:
Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.