zli12321/Bills huggingface dataset:
Promoting Health Information Technology Act of 2009 - Establishes within the Department of Health and Human Services (HHS) an Office of the National Coordinator for Health Information Technology. Establishes the Health Information Technology Resource Center to provide assistance for the adoption and use of interoperable health information technology. Amends title XI (General Provisions, Peer Review, and Administrative Simplification) of the Social Security Act to require the Secretary of Health and Human Services to provide for an expedited upgrade program to develop and approve additions and modifications to adopted standards for the electronic exchange of health information. Sets forth the process for such additions and modifications. Prohibits federal funds from being used for the purchase of any health information technology that has not been certified in compliance with such standards. Requires federal agencies to comply with standards.Requires the Secretary to study current federal security and confidentiality standards. Amends the Internal Revenue Code to increase the limit on the amount a taxpayer may elect to expense for health care information technology as a depreciable asset. Requires the Secretary to encourage and facilitate the adoption of state reciprocity agreements for practitioner licensure in order to expedite the provision across state lines of telehealth services. Provides for studies related to telehealth services, including on expanding the list of Medicare telehealth originating sites, to include mental health facilities. Requires the Centers of Medicare & Medicaid Services to make federally qualified health centers eligible to participate in demonstration projects related to health records and heath information technology. Requires the Secretary to establish an interest-free loan program for hospitals to purchase and implement certified health information technology products.

Date: 2009-02-12
Topic: Health (Medical Liability)
Subject: Health
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards. Provides for periodic payments of future damages.

Date: 2009-02-13
Topic: Health (Medical Liability)
Subject: Health
Medical Justice Act of 2009 - Sets forth provisions regulating civil actions for an injury or death as the result of health care. Sets forth limits on: (1) the non-economic damages that an individual may recover from health care practitioners and health care institutions; and (2) the total damages that a person may recover from any single liable health care practitioner. Declares that an insurer of a health care practitioner or health care institution that rejects a reasonable settlement offer within policy limits is not, by reason of such rejection, liable for damages in excess of the liability of the insured. Sets forth requirements for qualified expert reports. Allows periodic or accrual payment for future damages. Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous. Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility. Makes a person liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer. Sets forth a time frame within which claims related to any health care act or omission must be brought. Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.

Date: 2009-03-12
Topic: Health (Medical Liability)
Subject: Law
Carmelo Rodriguez Military Medical Accountability Act of 2009 - Amends the Federal Tort Claims Act to allow claims for damages to be brought against the United States for personal injury or death of a member of the Armed Forces arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions that is provided by persons acting within the scope of their office or employment by or at the direction of the government. Prohibits a claim under this Act from being reduced by the amount of any benefit received under Servicemembers Group Life Insurance. Makes this Act inapplicable to any claim arising out of the combatant activities of the Armed Forces during the time of armed conflict.

Date: 2009-03-12
Topic: Health (Medical Liability)
Subject: Law
Quality Health Care Coalition Act of 2009 - Exempts health care professionals from federal antitrust laws in connection with negotiations with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided. Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the State Children's Health Insurance Program (SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act.

Date: 2009-03-12
Topic: Health (Medical Liability)
Subject: Health
Family Health Care Accessibility Act of 2010 - Amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. Sets forth conditions for such liability protection, including: (1) the service is provided to the individual at a community health center or through offsite programs or events carried out by such center; (2) the provider is sponsored by the community health center; (3) the health care practitioner does not receive any compensation for providing the service, except repayment for reasonable expenses; (4) before the service is provided, the health care practitioner or the center posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this Act; (5) at the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service; and (6) the Secretary of Health and Human Services (HHS) transfers funds to an account to cover costs for such coverage. Considers an entity as sponsoring the health care practitioner if: (1) the entity submits an application to the Secretary; and (2) the Secretary determines that the health care practitioner is deemed to be an employee of the Public Health Service. Requires the Attorney General to submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the actions or omissions of health professional volunteers, will be paid pursuant to this Act during the calendar year that begins in the following fiscal year. Requires the Secretary to transfer such estimated amount from the claims fund to the appropriate accounts in the Treasury, subject to the extent of amounts in the fund. Makes this Act effective on October 1, 2011, except permits upon its enactment: (1) the Secretary to issue regulations for carrying out this Act and to accept and consider applications under this Act; and (2) the Attorney General to submit reports to Congress under this Act.

Date: 2009-03-26
Topic: Health (Medical Liability)
Subject: Health
Health Care Paperwork Reduction and Fraud Prevention Act of 2009 - Establishes the Commission on Health Care Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy. Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program. Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program. Prohibits the Administrator from implementing any new evaluation and management (E&M) guidelines under the Medicare program unless the Administrator: (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule for improving participation of physicians in such assessment; (3) has carried out a minimum of four pilot projects in at least four different regions to test E&M guidelines; and (4) finds that specified objectives will be met in the implementation of such guidelines. Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new E&M guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to Medicare overpayments.

Date: 2009-06-10
Topic: Health (Medical Liability)
Subject: Health
Integrity in Medicare Advanced Diagnostic Imaging Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to exclude certain advanced diagnostic imaging services from the in-office ancillary services exception to the prohibition on physician self-referral. (Thus prohibits a physician [or an immediate family member] who has an ownership or investment relationship or compensation arrangement with an entity from referring a patient to the entity for certain advanced diagnostic imaging services for which a Medicare payment otherwise may be made.)

Date: 2009-06-19
Topic: Health (Medical Liability)
Subject: Health
Medical Practice Protection Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Provides for periodic payments of future damages.

Date: 2009-06-19
Topic: Health (Medical Liability)
Subject: Health
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.

Date: 2009-07-29
Topic: Health (Medical Liability)
Subject: Health
Comprehensive Medical Malpractice Reform Act of 2009 - Limits the non-economic damages that an individual may recover from a health care provider for an injury or death as the result of health care malpractice to $250,000 as adjusted for inflation from 1975. Requires a medical malpractice action to be dismissed unless the signer of complaint certifies its validity. Directs the Secretary of Health and Human Services (HHS) to: (1) develop voluntary performance standards applicable to state medical boards; and (2) establish an interstate patient reporting and physician tracking database. Directs the Attorney General to make grants to states and health care entities to carry out mediation programs to resolve health care malpractice allegations without litigation. Amends the Public Health Service Act to provide for the voluntary disclosure of patient safety information to patient safety organizations. Makes such information privileged. Directs the Secretary to establish a database to receive relevant non-identifiable patient safety information. Limits the liability of a health care provider that provides information to a state medical board regarding the competence or professional conduct of a physician.

Date: 2009-07-31
Topic: Health (Medical Liability)
Subject: Health
Authorizes the Secretary of Health and Human Services (HHS) to make grants to five states to establish pilot programs under which: (1) each medical malpractice case is heard in the first instance by a medical tribunal composed of a state trial court judge, a physician, and a lawyer; and (2) the tribunal shall hear all evidence that would be admissible in state court and determine whether it would be sufficient to support a finding for the plaintiff. Permits the plaintiff to pursue a case through the state's usual judicial process: (1) if the tribunal determines that the evidence would be sufficient; or (2) if the tribunal determines that the evidence would be insufficient, but only after filing with the clerk of the court a bond in an amount determined by the state trial court judge. Permits the Secretary to award a grant to only a state that: (1) has an average cost of medical malpractice insurance that exceeds the national average; and (2) has not placed a limit on noneconomic damages in medical malpractice cases or established a medical tribunal program similar to the one described in this Act. Directs the Secretary to collect from each state that receives grant funds, after the end of the third fiscal year, certain data regarding: (1) changes in the average cost of medical malpractice insurance, the number of physicians actively practicing medicine, the number of medical malpractice liability insurance carriers, the amounts paid by such carriers pursuant to settlements or judgments, and the percentage of medical malpractice cases settled prior to trial; and (2) the number of cases that were considered meritorious by the tribunal, and the number that were considered nonmeritorious, that were tried to a judgment and the number of such judgments that were for the plaintiff.

Date: 2009-11-03
Topic: Health (Medical Liability)
Subject: Health
National Vaccine Injury Compensation Program Modernization Act of 2009 - Amends the Public Health Service Act to extend the limitation period for filing a petition to compensate a vaccine-related injury under the National Vaccine Injury Compensation Program.

Date: 2009-11-17
Topic: Health (Medical Liability)
Subject: Health
Prevent Health Care Fraud Act of 2009 - Establishes in the Department of Health and Human Services (HHS) the Office of the Deputy Secretary for Health Care Fraud Prevention. Requires the Office to: (1) direct the implementation within HHS of health care fraud prevention and detection recommendations made by federal and private sector antifraud and oversight entities; (2) routinely consult with HHS's Office of the Inspector General, the Attorney General, and private sector health care antifraud entities to identify emerging fraud issues requiring immediate action; (3) provide for the design, development, and operation of a predictive model antifraud system to analyze health care claims data in real-time to identify high risk claims activity and develop a comprehensive antifraud database for federal health agency activities; (4) promulgate and enforce regulations relating to the reporting of data claims to such system by federal health agencies; (5) establish thresholds for fraudulent, wasteful, or abusive claims for excluding providers or suppliers from participation in federal health programs and for the referral of claims to law enforcement entities; and (6) share antifraud information and best practices. Sets forth requirements for the fraud prevention system, including that it shall: (1) allow viewing of all provider and patient activities across all federal health program payers; (2) provide for a centralized file for data from all government health insurance claims data sources; (3) provide real-time ability to identify high-risk behavior patterns across markets, geographies, and specialty group providers; (4) involve the implementation of a predictive modeling technology that is designed to prevent waste, fraud, and abuse; (5) systematically present scores, reason codes, and treatment actions for high-risk scored transactions; (6) monitor consumer transactions in real-time and monitor provider behavior at different stages within the transaction flow based upon provider, transaction, and consumer trends; and (7) not be designed to deny health care services or to negatively impact prompt-pay laws because assessments are late. Directs the Deputy Secretary to: (1) prohibit the payment of any health care claim identified as potentially fraudulent, wasteful, or abusive until the claim has been verified as valid; and (2) provide maximum protection of personal privacy consistent with carrying out the Office's responsibilities. Directs the Secretary to establish procedures for the implementation of fraud and abuse detection methods under all federal health programs.

Date: 2009-12-08
Topic: Health (Medical Liability)
Subject: Health
Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.

Date: 2010-04-15
Topic: Health (Medical Liability)
Subject: Health
Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit the development, recognition, or implementation of any guideline or other standard under any provision of PPACA from being construed to establish the standard of care or duty of care owed by health care providers to their patients in any medical malpractice action or claim. Declares that nothing in PPACA shall be construed to modify or impair state law governing legal standards or procedures used in medical malpractice cases, including the authority of a state to make or implement such law.

Date: 2010-05-06
Topic: Health (Medical Liability)
Subject: Health
Amends the Patient Protection and Affordable Care Act (PPACA) to repeal: (1) the prohibition against Medicare participation by physician-owned hospitals that do not have a provider agreement by August 1, 2010, which nonetheless allows their Medicare participation under a rural provider and hospital exception to a specified ownership or investment prohibition if they meet certain requirements; and (2) the requirement that drug, device, biological and medical supply manufacturers report to the Secretary of Health and Human Services (HHS) any transfers of value made to a physician, physician medical practice, a physician group practice, and/or teaching hospital, as well as information on any physician ownership or investment interest in the manufacturer. Restores or revives related previous law amended or repealed by PPACA as if PPACA had not been enacted.

Date: 2010-05-27
Topic: Health (Medical Liability)
Subject: Health
Directs the Secretary of Health and Human Services (HHS) to develop and implement a fraud, waste, and abuse comprehensive prepayment review Prevention System for reviewing claims for reimbursement under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to carry out the system acting through the Center for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Requires the Prevention System to cover all types of providers and suppliers under the Medicare program, but allows it to be limited to a subset of claim segments. Requires the Prevention System to: (1) be a high volume, rapid, near real-time information technology solution which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data; (2) identify high-risk Medicare claims by scoring all such claims in near real-time before payment is made; (3) involve a statistically sound, empirically derived predictive modeling technology; and (4) utilize a fraud management system that presents score, reason codes, and treatment actions for high-risk scored transactions, and a feedback loop to gain access to outcome information on adjudicated Medicare claims. Prohibits the Secretary from making a payment on a claim selected for review until it has been reviewed under the System.

Date: 2010-06-16
Topic: Health (Medical Liability)
Subject: Health
Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care goods or services. Sets a statute of limitations of three years after the date of the manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Caps the amount of noneconomic damages at $350,000 if a claimant rejects a settlement that meets certain criteria. Prohibits a provider of collateral source benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Makes a benevolent gesture or admission of fault that is made by a health care provider or employee to the claimant or the claimant's relative or representative inadmissible as evidence of an admission of liability or an admission against interest. Makes each party liable only for the amount of damages proportional to such party's percentage of responsibility. Authorizes the award of punitive damages only where: (1) it is otherwise permitted by applicable state or federal law; (2) it is proven by clear and convincing evidence that the defendant acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (3) compensatory damages are awarded. Provides for periodic payment of future damages. Prohibits a health care provider from being named as a party to a product liability lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved medical product. Prescribes qualifications for expert witnesses.

Date: 2010-07-01
Topic: Health (Medical Liability)
Subject: Law
Medical Care Access Protection Act of 2009 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Requires a court to impose sanctions for the filing of frivolous lawsuits. Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication. Provides for periodic payments of future damage awards.

Date: 2009-01-06
Topic: Health (Medical Liability)
Subject: Law
Seniors and Taxpayers Obligation Protection Act of 2009 - Directs the Secretary of Health and Human Services, in order to protect beneficiaries from identity theft, to establish and implement procedures to change the Medicare beneficiary identifier used to identify individuals entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act (SSA), or enrolled under part B (Supplementary Medical Insurance), so that such an individual's Social Security number is not used. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Commissioner of Social Security, upon the Secretary's request, to enter into a data matching agreement with the Secretary to determine if individuals are eligible for benefits or if providers are eligible to provide services or supplies. Directs the Secretary to investigate claims involving certain individuals who are not eligible for benefits or are not eligible providers of services or suppliers. Amends SSA title XVIII to direct the Secretary to establish and implement a system to verify on a monthly basis that the claims for payment under Medicare part B for physicians' services furnished in high risk areas are: (1) for physicians' services actually furnished by the physician (or the physician's group practice); and (2) otherwise accurate. Requires the Secretary to establish a system to identify the 50 counties most vulnerable (high risk areas) to Medicare fraud. Directs the Secretary to establish procedures for the use of technology (similar to that used with respect to the analysis of credit card charging patterns) to provide real-time data analysis of claims for payment under the Medicare program to identify and investigate unusual billing or order practices under the Medicare program that could indicate fraud or abuse. Requires the Secretary to establish procedures to require carriers, before paying a claim for payment for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) to confirm with the National Supplier Clearinghouse that: (1) the physician's or practitioner's National Provider Identifier is valid and active; (2) the supplier's Medicare identification number is valid and active; and (3) that the item or service for which the claim for payment is submitted was properly identified on the CMS-855S Medicare enrollment application. Directs the Secretary to develop a strategic plan for the development and implementation of a serial number tracking system for DME, including mechanisms to ensure unique identifiers for DME items without them. Directs the Comptroller General to study and report to Congress on the effectiveness of the surety bond requirement for DME suppliers in combating fraud.

Date: 2009-05-05
Topic: Health (Medical Liability)
Subject: Health
Amends the Federal Torts Claim Act to extend medical malpractice coverage, treating the United States as liable, to free clinics and the officers, governing board members, employees, and contractors of free clinics in the same manner and extent as certain federal officers and employees.

Date: 2009-08-05
Topic: Health (Medical Liability)
Subject: Law
Medical Liability Reform Act of 2009 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services. Imposes no limitation on recoverable economic damages. Limits recoverable noneconomic damages with respect to the same occurrence to: (1) $250,000 from a provider or a single health care institution; and (2) $500,000 from multiple health institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Prescribes qualifications for expert witnesses. Prohibits an expert witness from testifying if the witness's fee is contingent on the outcome of the lawsuit. Requires the claimant: (1) to certify with the claim whether expert opinion testimony is necessary to prove the health care professional's standard of care or liability for the claim; and (2) upon certifying that such testimony is necessary, to serve a preliminary expert opinion affidavit. Directs the court to dismiss the claim without prejudice if the claimant fails to serve a preliminary expert opinion affidavit after certifying that an affidavit is necessary or after the court has ordered the claimant to serve an affidavit. Sets forth provisions concerning: (1) the applicability of this Act to Public Health Service Act provisions pertaining to civil actions brought for a general vaccine or smallpox vaccine injury; and (2) preemption of state laws.

Date: 2009-09-30
Topic: Health (Medical Liability)
Subject: Health
Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved. Expands the definition of "health care fraud" to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act. Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation. Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act. Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program.

Date: 2009-10-28
Topic: Health (Medical Liability)
Subject: Crime and law enforcement
Prevent Health Care Fraud Act of 2009 - Establishes in the Department of Health and Human Services (HHS) the Office of the Deputy Secretary for Health Care Fraud Prevention. Requires the Office to: (1) direct the implementation within HHS of health care fraud prevention and detection recommendations made by federal and private sector antifraud and oversight entities; (2) routinely consult with HHS's Office of the Inspector General, the Attorney General, and private sector health care antifraud entities to identify emerging fraud issues requiring immediate action; (3) provide for the design, development, and operation of a predictive model antifraud system to analyze health care claims data in real-time to identify high risk claims activity and develop a comprehensive antifraud database for federal health agency activities; (4) promulgate and enforce regulations relating to the reporting of data claims to such system by federal health agencies; (5) establish thresholds for fraudulent, wasteful, or abusive claims for excluding providers or suppliers from participation in federal health programs and for the referral of claims to law enforcement entities; and (6) share antifraud information and best practices. Sets forth requirements for the fraud prevention system, including that it shall: (1) allow viewing of all provider and patient activities across all federal health program payers; (2) provide for a centralized file for data from all government health insurance claims data sources; (3) provide real-time ability to identify high-risk behavior patterns across markets, geographies, and specialty group providers; (4) involve the implementation of a predictive modeling technology that is designed to prevent waste, fraud, and abuse; (5) systematically present scores, reason codes, and treatment actions for high-risk scored transactions; (6) monitor consumer transactions in real-time and monitor provider behavior at different stages within the transaction flow based upon provider, transaction, and consumer trends; and (7) not be designed to deny health care services or to negatively impact prompt-pay laws because assessments are late. Directs the Deputy Secretary to: (1) prohibit the payment of any health care claim identified as potentially fraudulent, wasteful, or abusive until the claim has been verified as valid; and (2) provide maximum protection of personal privacy consistent with carrying out the Office's responsibilities. Directs the Secretary to establish procedures for the implementation of fraud and abuse detection methods under all federal health programs.

Date: 2009-10-29
Topic: Health (Medical Liability)
Subject: Health
Fair Resolution of Medical Liability Disputes Act of 2009 - Prohibits a medical malpractice action from being filed in a state court or a federal court under diversity of citizenship jurisdiction unless: (1) the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system; and (2) an affected party notifies the appropriate court of the intent to contest the decision and files the action within 90 days after such decision is issued. Provides: (1) for the payment of an opposing party's court costs and attorneys' fees by the contesting party in the case of a malpractice action brought in court after ADR if the final judgment issued in the action is not more favorable to the contesting party than the ADR decision; and (2) that an uncontested ADR decision shall have the status of a verdict in a court adjudicated action. Sets forth basic requirements for state ADR systems, including a requirement that they transmit to the state agency responsible for monitoring or disciplining health care providers any findings that a provider committed malpractice. Directs the Attorney General to: (1) certify state ADR systems that meet the requirements of this Act; and (2) establish an alternative federal ADR system for any state that does not establish its own system. Directs the Comptroller General to study the effectiveness of private litigation insurance markets in providing affordable access to courts, evaluating the merit of prospective claims, and ensuring that prevailing parties in "loser pays" systems are reimbursed for attorney's fees.

Date: 2009-11-02
Topic: Health (Medical Liability)
Subject: Law
Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims. Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.

Date: 2009-11-16
Topic: Health (Medical Liability)
Subject: Health
Remuneration for Ecological and Societal Tolls Occasioned by Reckless Errors Act or RESTORE Act - Repeals specified general limitations on liability (the Limitation of Liability Act) for personal injury or death, or loss or damage to merchandise due to fire, on seagoing vessels.

Date: 2010-06-10
Topic: Health (Medical Liability)
Subject: Transportation and public works
Medicare and Medicaid Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of one or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XI, as amended by the Patient Protection and Affordable Care Act, with respect to the access to claims and payment data granted to the Inspector General of the Department of Health and Human Services (HHS). Requires the Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to implement a five-year Beneficiary Verification Pilot Program to verify, with respect to Medicare claims, that the beneficiary for which the claim was made was actually furnished the claimed item or service. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.

Date: 2010-07-22
Topic: Health (Medical Liability)
Subject: Health
State Leadership in Health Care Act - Amends the Patient Protection and Affordable Care Act (PPACA) to allow states to apply for a waiver of specified requirements under PPACA with respect to health insurance coverage within that state due to implementation of a state plan that provides comparable coverage for plan years beginning in 2014 (currently, 2017).. Permits the Secretary of Health and Human Services (HHS) or the Secretary of the Treasury to deny waivers only if: (1) the state plan does not meet requirements for granting a waiver; (2) the Secretary of HHS or Treasury notifies the state in writing of the requirements that the state plan did not meet and provides the state with information used in making such a determination; and (3) the state is given an opportunity to appeal. Requires the Secretary of HHS or Treasury to reconsider the determination in the event of an appeal.

Date: 2010-12-22
Topic: Health (Medical Liability)
Subject: Health
Medicare Fraud Prevention Act of 2011 - Amends title XI of the Social Security Act (SSA) to increase civil money penalties, criminal fines, and prison sentences for fraud and abuse under the SSA title XVIII (Medicare) program.Amends SSA title XVIII to increase the amount of the surety bond required for suppliers of durable medical equipment (DME).

Date: 2011-01-05
Topic: Health (Medical Liability)
Subject: Health
Healthcare Truth and Transparency Act of 2011 - Prohibits any person from making any deceptive or misleading statement, or engaging in any deceptive or misleading act, that: (1) misrepresents whether such person holds a state health care license; or (2) misrepresents such person's education, training, degree, license, or clinical expertise. Requires any person who is advertising health care services provided by such person to disclose the applicable license under which such person is authorized to provide those services. Deems a violation of this Act to be an unfair or deceptive act or practice under the Federal Trade Commission Act. Directs the Federal Trade Commission (FTC) to study and report to Congress on health care professionals' misrepresentations under this Act. Declares that nothing in this Act shall be construed or have the effect of changing state scope of practice for any health care professional.

Date: 2011-01-26
Topic: Health (Medical Liability)
Subject: Health
Consumer Protection Act of 2011 - Invalidates as a defense to a tort claim in any court in the United States that a manufacturer of a product has fulfilled that manufacturer's duty of care when providing all of the necessary information to a learned intermediary, who then interacts with the consumer of the product. Defines a "learned intermediary" as a person licensed under applicable state or federal law to advise a consumer whether or not to use the product in question.

Date: 2011-02-08
Topic: Health (Medical Liability)
Subject: Law
Amends the Antiquities Act of 1906 to require, in addition to a presidential declaration, congressional approval prior to the establishment of a national monument.

Date: 2011-02-18
Topic: Health (Medical Liability)
Subject: Public lands and natural resources
Residential and Commuter Toll Fairness Act of 2012 - Grants state, county, and municipal governments, as well as multi-jurisdictional transportation authorities that operate or manage roads, bridges, railroads, buses, ferries, or other transportation systems, rulemaking authority to establish toll, user fee, or fare discount programs for their local residents or commuters.

Date: 2011-03-03
Topic: Health (Medical Liability)
Subject: Transportation and public works
Medicare Information Act of 2011 - Amends part A of title XI of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to provide to each eligible individual annually a statement of Medicare part A (Hospital Insurance) contributions and benefits in coordination with the annual mailing of Social Security account statements.

Date: 2011-03-30
Topic: Health (Medical Liability)
Subject: Health