96TH CONGRESS 18T SESSION H.R.3167 To amend title XV of the Public Health Service Act to revise and extend the authorities and requirements under that title for health planning, to provide for assistance to hospitals in discontinuing inappropriate services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 21, 1979 Mr. WAXMAN introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce A BILL To amend title XV of the Public Health Service Act to revise and extend the authorities and requirements under that title for health planning, to provide for assistance to hospitals in discontinuing inappropriate services, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE AND REFERENCES IN ACT SECTION 1. (a) This Act may be cited as the "Health 5 Planning Amendments of 1979". I-E 2 1 (b) Whenever in this Act an amendment or repeal is 2 expressed in terms of an amendment to, or repeal of, a sec 3 tion or other provision, the reference shall be considered to 4 be made to a section or other provision of the Public Health 5 Service Act. 6 7 8 TITLE I-THREE-YEAR AUTHORIZATION EXTENSIONS THREE-YEAR AUTHORIZATION EXTENSIONS 9 SEC. 101. (a) Section 1516(c)(1) is amended by striking 10 out "and" after "1976," and by inserting before the period 11 ", $115,400,000 for the fiscal year ending September 30, 12 1980, and such sums as may be necessary for the two suc13 ceeding fiscal years". 14 (b) Section 1525(c) is amended by striking out “and” 15 after "1976," and by inserting before the period 16 ", $30,000,000 for the fiscal year ending September 30, 17 1980, and such sums as may be necessary for the two suc18 ceeding fiscal years". 19 (c) Section 1526(e) is amended by striking out "and" 20 after "1976," and by inserting before the period 21 ", $2,000,000 for the fiscal year ending September 30, 22 1980, and such sums as may be necessary for the two suc23 ceeding fiscal years". 4 SEC. 201. The first sentence of section 1511(b)(4) is 5 amended by inserting after "the requirements of subsection 6 (a)" the following: "or a change in the boundary of such area 7 would result in a health service area which better meets the 8 requirements of such subsection". 9 IMPROVED COORDINATION BETWEEN GOVERNING BODIES 10 FOR HEALTH PLANNING AND THEIR PUBLIC REGION 11 12 13 AL PLANNING BODIES OR UNITS OF GENERAL LOCAL GOVERNMENT SEC. 202. (a) Section 1512(b)(3)(A) is amended by strik14 ing out the first sentence and inserting instead the following: 15 "A health systems agency which is a public regional planning 16 body or unit of general local government shall establish a 17 separate governing body for health planning in accordance 18 with subparagraph (C), which shall have the responsibilities 19 prescribed by subparagraph (B), and which has exclusive au20 thority to perform for the agency the functions described in 21 section 1513 except as otherwise provided in subparagraph 22 (B) of this paragraph. The public regional planning body or 23 unit of general local government may remove for cause mem24 bers of the governing body for health planning.". 4 1 (b) Section 1512(b)(3)(B)(i) is amended by inserting im2 mediately before the semicolon ", but the budget of a health 3 systems agency described in clause (B) or (C) of paragraph 4 (1) of this subsection shall be subject to approval by the 5 public regional planning body or unit of general local govern6 ment". 7 (c) Section 1512(b)(3)(B)(ii) is amended by inserting im8 mediately before the semicolon ", but both plans (and amend9 ments to those plans) in the case of a health systems agency 10 described in clause (B) or (C) of paragraph (1) of this subsec11 tion shall be subject to approval by the public regional plan12 ning body or unit of general local government". 13 14 CONFIDENTIALITY OF PERSONNEL RECORDS SEC. 203. (a) Section 1512(b)(3)(B)(viii) is amended (1) 15 by striking out "business meetings" and inserting instead 16 "business meetings (other than those parts of meetings that 17 involve personnel matters)", and (2) by striking out "records 18 and data" and inserting instead "records and data (other than 19 records and data on the personnel of the health systems 20 agency)". 21 (b) Section 1522(b)(6) is amended (1) by striking out 22 "business meetings" and inserting instead "business meet23 ings (other than those parts of meetings that involve person24 nel matters)", and (2) by striking out "records and data" and 5 1 inserting instead "records and data (other than records and 2 data on the personnel of the State Agency)". 3 (c) Section 1524(b)(3) is amended by striking out "busi4 ness meetings" and inserting instead "business meetings 5 (other than those parts of meetings that involve personnel 6 matters)". 7 8 CONSUMER MEMBERS OF THE GOVERNING BODY OF A HEALTH SYSTEMS AGENCY 9 SEC. 204. (a) Section 1512(b)(3)(C)(i) is amended by 10 striking out "who are consumers of health care and who are 11 not (nor within the twelve months preceding appointment 12 been) providers of health care" and inserting instead "who 13 are not providers of health care and have not within the 14 twelve months preceding appointment been direct providers 15 of health care (as defined in section 1531(3)(A))”. 16 (b) Section 1512(b)(3)(C)(iii)(I) is amended by striking 17 out "(either through consumer or provider members)" and 18 inserting instead "(either through members who are provid19 ers of health care or through members who are not such pro20 viders)". 21 22 23 PROVIDER MEMBERS OF THE GOVERNING BODY OF A HEALTH SYSTEMS AGENCY SEC. 205. Section 1512(b)(3)(C)(ii) is amended by strik 24 ing out "who represent" and inserting instead "shall include 25 representatives of". 46-585 0 79 7 |