Just two years after Schumer sat down with top hedge fund managers to tell them that they'd better start playing politics now that Democrats were running Capitol Hill, the circle has been completed. Hedge funds set up the Managed Fund Association, which then hired [Carmencita] Whonder's firm Brownstein Hyatt Farber Schrek to lobby lawmakers.Read below the fold...
So, there's still time for "public option" (or "plan") advocates to regroup and advocate a real solution -- instead of trying to make a bad bill NOW NOW NOW less bad. Chicago Tribune:
"I think the ultimate goal is to have a bill by the end of this year" that is signed into law by President Barack Obama, said Sen. Charles Schumer, D-N.Y.. He said Democrats would make "every effort to stick to the timetable" with initial Senate action by August.
Separately, Republicans who met with Senate Majority Leader Harry Reid, D-Nev., said he expressed flexibility, indicating he was willing to allow more time before legislation is brought to the floor.Read below the fold...
[Welcome, Crooks & Liars readers! I know the material is a little dense, but I remember TARP, when that legislation was online, and I think digging into that helped the debate. So, health care policy wonks, do help us take a look at the sausage before it goes in the casings... --lambert]
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SEC. 612. IMPROVEMENTS TO 340B PROGRAM INTEGRITY.
(a) INTEGRITY IMPROVEMENTS.-Subsection (d) of section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended to read as follows:
(d) IMPROVEMENTS IN PROGRAM INTEGRITY.-
(1) MANUFACTURER COMPLIANCE.-
(A) IN GENERAL.-From amounts appro-priated under paragraph (4), the Secretary shall provide for improvements in compliance by manufacturers with the requirements of this section in order to prevent overcharges and other violations of the discounted pricing re-quirements specified in this section.
(B) IMPROVEMENTS.-The improvements described in subparagraph (A) shall include the following:Read below the fold...
SEC. 581. PERMITTING EVIDENTIARY PRIVILEGE AND CONFIDENTIAL COMMUNICATIONS.
Section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is amended by adding at the end the following:
(d) The Secretary may promulgate a regulation that provides an evidentiary privilege for, and provides for the confidentiality of communications between or among, any of the following entities or their agents, consultants, or employees:
(1) A State insurance department.
(2) A State attorney general.
(3) The National Association of Insurance
(4) The Department of Labor.
(5) The Department of the Treasury.Read below the fold...
SEC. 511. ESTABLISHMENT.
Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.), as amended by section 501, is further amended by inserting after section 2793, the following:
"SEC. 2794. HEALTH CARE PROGRAM INTEGRITY COORDI
(a) ESTABLISHMENT.-There is established a coun-cil to be known as the Health Care Program Integrity Coordinating Council (referred to in this section as the Council).
(b) MEMBERSHIP.-The Council shall be composed of-
(1) the Secretary of Health and Human Services;
(2) the Attorney General;
(3) the Inspector General for the Department of Health and Human Services;Read below the fold...
SEC. 521. PROHIBITION ON FALSE STATEMENTS AND REPRESENTATIONS.
(a) PROHIBITION.-Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following:
Read below the fold...
"SEC. 519. PROHIBITION ON FALSE STATEMENTS AND REPRESENTATIONS.
No person, in connection with a plan or other ar-rangement that is multiple employer welfare arrangement described in section 3(40), shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or ar-rangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the represent-ative or agent of any such person, State, or the Secretary, concerning-
(1) the financial condition or solvency of such
plan or arrangement;
(2) the benefits provided by such plan or arRead below the fold...
SEC. 551. APPLICABILITY OF STATE LAW TO COMBAT FRAUD AND ABUSE.
(a) IN GENERAL.-Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), as amended by section 521, is further amended by adding at the end the following:Read below the fold...
SEC. 461. REPORTS.
REPORTS BY SECRETARY OF HEALTH AND HUMAN SERVICES.-On an annual basis, the Secretary of Health and Human Services shall submit to the appro-priate Committees of Congress a report on the activities carried out under the amendments made by this title, and the effectiveness of such activities.
Subtitle A-Establishment of New Health and Human Services and Department of Justice Health Care Fraud Positions
SEC. 501. HEALTH AND HUMAN SERVICES SENIOR ADVISOR.
Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended-
by redesignating section 2792 as section 2796; and
by inserting after section 2791, the following:
"SEC. 2792. SENIOR ADVISOR FOR HEALTH CARE FRAUD.
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SEC. 502. DEPARTMENT OF JUSTICE POSITION.
Chapter 41 of title 28, United States Code, is amended by adding at the end the following:
"� 614. Senior Counsel for Health Care Fraud Enforcement
The Attorney General shall appoint an individual to serve as the Senior Counsel for Health Care Fraud En-forcement (referred to in this section as the Senior Coun-sel) within the Office of the Deputy Attorney General to serve as the principal advisor to the Attorney General on policy and program development and oversight with re-spect to-Read below the fold...
"SEC. 399T. PRIMARY CARE EXTENSION PROGRAM.
(a) ESTABLISHMENT, PURPOSE AND DEFINI-TION.- (1) IN GENERAL.-The Secretary shall estab-lish a Primary Care Extension Program.
(2) PURPOSE.-The Primary Care Extension Program shall provide support and assistance to pri-mary care providers to educate providers about pre-ventive medicine, health promotion, chronic disease management, mental health services, and evidence-based and evidence-informed therapies and tech-niques, in order to enable providers to incorporate such matters into their practice and to improve com-munity health by working with community-based health connectors (referred to in this section as Health Extension Agents).
(3) DEFINITIONS.-In this section:Read below the fold...