Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public and private entities to provide for payment of travel and related organ donation expenses.
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to increase by 2.9 percent each composite rate payment for Medical renal dialysis services. Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1857 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1857
To amend the Family and Medical Leave Act of 1993 to allow leave for
individuals who give living organ donations, to amend the Public Health
Service Act with respect to paying travel and subsistence expenses that
are incurred by individuals in donating or receiving of organs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 1999
Mrs. Thurman (for herself, Mr. Stark, Mr. Canady of Florida, Ms.
Berkley, Mr. Matsui, Mr. Lewis of Georgia, Ms. Baldwin, Mr. Hilliard,
Mr. Barrett of Wisconsin, Ms. Kilpatrick, Ms. Millender-McDonald, and
Ms. Hooley of Oregon) introduced the following bill; which was referred
to the Committee on Education and the Workforce, and in addition to the
Committees on Commerce, Government Reform, House Administration, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to allow leave for
individuals who give living organ donations, to amend the Public Health
Service Act with respect to paying travel and subsistence expenses that
are incurred by individuals in donating or receiving of organs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Organ Donation Incentives Act
of 1999''.
SEC. 2. FAMILY AND MEDICAL LEAVE.
(a) Civilian Population.--
(1) Leave requirement.--Section 102(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by
adding at the end the following:
``(E) to provide a living organ donation, including
time spent for--
``(i) tests used to determine if the live
donor is medically suitable to donate;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) pre-transplant outpatient services;
``(iv) post-operative inpatient and
outpatient transplantation services;
``(v) travel in connection with tests,
evaluations, and services described in clauses
(i) through (iv); and
``(vi) recuperation consistent with the
type of transplant.''.
(2) Conforming.--
(A) Section 102.--Sections 102(b) and 102(e) of
such Act (29 U.S.C. 2612(b), (e)) are each amended by
striking ``(C) or (D)'' each place it occurs and
inserting ``(C), (D), or (E)''.
(B) Section 102(b).--Sections 102(b)(2) and
102(e)(2) of such Act (29 U.S.C. 2612(b)(2),
2612(e)(2))) are each amended by inserting ``,
including living organ donation'' after ``treatment''.
(B) Section 103.--Section 103 of such Act (29
U.S.C. 2613) is amended--
(A) in subsection (b)(4), by striking ``and'' at
the end of subparagraph (A), by striking the period at
the end of subparagraph (B) and inserting ``; and'',
and by adding at the end the following:
``(C) for purposes of leave under section 6382(a)(1)(E), a
statement that the employee is unable to perform the functions of the
position of the employee.'';
(B) in subsection (b)(5), by inserting ``or living
organ donation'' after ``treatment'' each place it
appears; and
(C) in subsection (c)(1), by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)''.
(C) Section 104(a).--Section 104(a)(4) of such Act
(29 U.S.C. 2614(a)(4)) is amended by inserting ``or
section 102(a)(1)(E)'' after ``(D)''.
(D) Section 104(c).--Section 104(c)(2) of such Act
(29 U.S.C. 2614(c)(2)) is amended by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)'' and section
104(c)(3)(A) is amended by striking ``or'' at the end
of clause (i), by striking the period at the end of
clause (ii) and inserting ``; or'', and by adding at
the end the following:
``(iii) a certification issued by the
health care provider of the eligible employee,
in the case of an employee unable to return to
work because of a condition specified in
section 102(a)(1)(E).'';
and section 104(c)(3)(C)(i) of such Act (29 U.S.C.
2614(c)(3)(C)(i)) is amended by inserting ``or
(A)(iii)'' after ``(ii)''.
(E) Section 108.--Section 108(c)(1) of such Act (29
U.S.C. 2618(c)(1)) is amended by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)'' and by
inserting ``, including living organ donation'' after
``treatment'' each place it occurs.
(b) Federal Population.--
(1) Leave requirement.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(E) to provide a living organ donation, including time
spent for--
``(i) tests used to determine if the live donor is
medically suitable to donate;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) post-operative inpatient and outpatient
transplantation services;
``(iv) pre-transplant outpatient services;
``(v) travel in connection with tests, evaluations,
and services described in clauses (i) through (iv); and
``(vi) recuperation consistent with the type of
transplant.''.
(2) Conforming.--
(A) Section 6382(b)(2).--Section 6382(b)(2) of such
title is amended by striking ``(C) or (D)'' and
inserting ``(C), (D), or (E)''.
(B) Section 6382(d).--Section 6382(d) of such title
is amended by striking ``or (D)'' and inserting ``(D),
or (E)''.
(C) Section 6382(e)(2).--Section 6382(e)(2) of such
title is amended by striking ``(C) or (D)'' and
inserting ``(C), (D), or (E)''.
(D) Section 6383(a).--Section 6383(a) of such title
is amended by striking ``(C) or (D)'' and inserting
``(C), (D), or (E)''.
(E) Section 6833(b)(4).--Section 6833(b)(4) of such
title is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``; and'', and by adding
at the end the following:
``(C) for purposes of leave under section 6382(a)(1)(E), a
statement that the employee is unable to perform the functions of the
position of the employee.''.
(F) Section 6833(b)(5).--Section 6833(b)(5) of such
title is amended by inserting ``, including living
organ donation'' after ``treatment''.
(G) Section 6384(d).--Section 6384(d) of such title
is amended by inserting ``or section 6382(a)(1)(E)''
after ``(D)''.
SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES
INCURRED TOWARD DONATION OR RECEIPT OF ORGANS.
Part H of the Public Health Service Act (42 U.S.C. 273 et seq.) is
amended--
(1) by redesignating section 378 as section 379; and
(2) by inserting after section 377 the following section:
``payment of travel and subsistence expenses regarding organ donation
``Sec. 378. (a) In General.--The Secretary may carry out a national
program of making awards of grants or contracts to States, transplant
centers, qualified organ procurement organizations under section 371,
or other public or private entities for the purpose of providing for
the payment of travel and subsistence expenses incurred by individuals,
or as applicable their families, toward making or receiving donations
of organs.
``(b) Certain Criteria.--In establishing criteria for carrying out
subsection (a), the Secretary may include the following:
``(1) In addition to the payment of travel and subsistence
expenses, the criteria may provide for the payment of such
additional nonmedical expenses as the Secretary determines to
be appropriate.
``(2) The criteria may provide that the individuals for
whom qualifying expenses are paid will include individuals, or
as applicable their families, who in good faith incur such
expenses toward the intended donating or receiving of an organ
but with respect to whom, for such reasons as the Secretary
determines to be appropriate, no donating or receiving of the
organ occurs.
``(c) Relationship to Payments Under Other Programs.--A grant may
be made under subsection (a) only if the applicant involved agrees that
the grant will not be expended to pay qualifying expenses for an
individual to the extent that payment has been made, or can reasonably
be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(d) Definition.--For purposes of this section, the term
`qualifying expenses', with respect to donating or receiving an organ,
means travel and subsistence expenses, and such additional nonmedical
expenses as may be designated under subsection (b)(1).
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2000 through 2004.''.
SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DIALYSIS SERVICES
FURNISHED UNDER THE MEDICARE PROGRAM.
(a) In General.--Section 1881(b)(7) of the Social Security Act (42
U.S.C. 1395rr(b)(7)) is amended by adding at the end the following new
flush sentence:
``The Secretary shall increase the amount of each composite rate
payment for dialysis services furnished on or after January 1, 2000, by
2.9 percent above such composite rate payment amounts for such services
furnished on December 31, 1999.''.
(b) Conforming Amendment.--
(1) In general.--Section 9335(a) of the Omnibus Budget
Reconciliation Act of 1986 (42 U.S.C. 1395rr note) is amended
by striking paragraph (1).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2000.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1009)
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Civil Service.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Health and Environment.