P.L. 108-173 SEC. 1014.-Continued (vi) health care cost containment strategies; and (vii) information on health care needs that need to be addressed; (B) examples of community strategies to provide health care coverage or access; (C) information on geographic-specific issues relating to health care; (D) information concerning the cost of care in different settings, including institutional-based care and home and community-based care; (E) a summary of ways to finance health care coverage; and (F) the role of technology in providing future health care including ways to support the information needs of patients and providers. (4) COMMUNITY MEETINGS. (A) IN GENERAL.-Not later than 1 year after the date on which all the members of the Working Group have been appointed under subsection (d)(1) and appropriations are first made available to carry out this section, the Working Group shall initiate health care community meetings throughout the United States (in this paragraph referred to as 'community meetings'). Such community meetings may be geographically or regionally based and shall be completed within 180 days after the initiation of the first meeting. (B) NUMBER OF MEETINGS.-The Working Group shall hold a sufficient number of community meetings in order to receive information that reflects (i) the geographic differences throughout the United States; (ii) diverse populations; and (iii) a balance among urban and rural populations. (C) MEETING REQUIREMENTS. (i) FACILITATOR.—A State health officer may be the facilitator at the community meetings. (ii) ATTENDANCE.-At least 1 member of the Working Group shall attend and serve as chair of each community meeting. Other members may participate through interactive technology. (iii) TOPICS.—The community meetings shall, at a minimum, address the following questions: (I) What health care benefits and services should be provided? (IV) What trade-offs are the American public willing to make in either benefits or financing to ensure access to affordable, high quality health care coverage and services? (iv) INTERACTIVE TECHNOLOGY.-The Working Group may encourage public participation in community meetings through interactive technology and other means as determined appropriate by the Working Group. (D) INTERIM REQUIREMENTS.-Not later than 180 days after the date of completion of the community meetings, the Working Group shall prepare and make available to the public through the Internet and other appropriate public channels, an interim set of recommendations on health care coverage and ways to improve and strengthen the health care system based on the information and preferences expressed at the community meetings. There shall be a 90-day public comment period on such recommendations. (i) RECOMMENDATIONS.-Not later than 120 days after the expiration of the public comment period described in subsection (h)(4)(D), the Working Group shall submit to Congress and the President a final set of recommendations. (j) ADMINISTRATION.— (1) EXECUTIVE DIRECTOR.-There shall be an Executive Director of the Working Group who shall be appointed by the chairperson of the Working Group in consultation with the members of the Working Group. (2) COMPENSATION.-While serving on the business of the Working Group (including travel time), a member of the Working Group shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, and while P.L. 108-173 SEC. 1014. Continued so serving away from home and the member's regular place of business, a member may be allowed travel expenses, as authorized by the chairperson of the Working Group. For purposes of pay and employment benefits, rights, and privileges, all personnel of the Working Group shall be treated as if they were employees of the Senate. (3) INFORMATION FROM FEDERAL AGENCIES.—The Working Group may secure directly from any Federal department or agency such information as the Working Group considers necessary to carry out this section. Upon request of the Working Group, the head of such department or agency shall furnish such information. (4) POSTAL SERVICES.-The Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (k) DETAIL.—Not more than 10 Federal Government employees employed by the Department of Labor and 10 Federal Government employees employed by the Department of Health and Human Services may be detailed to the Working Group under this section without further reimbursement. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (1) TEMPORARY AND INTERMITTENT SERVICES.-The chairperson of the Working Group may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (m) ANNUAL REPORT.-Not later than 1 year after the date of enactment of this Act [Dec. 8, 2003], and annually thereafter during the existence of the Working Group, the Working Group shall report to Congress and make public a detailed description of the expenditures of the Working Group used to carry out its duties under this section. (n) SUNSET OF WORKING GROUP.-The Working Group shall terminate on the date that is 2 years after the date on which all the members of the Working Group have been appointed under subsection (d)(1) and appropriations are first made available to carry out this section. (0) ADMINISTRATION REVIEW AND COMMENTS.-Not later than 45 days after receiving the final recommendations of the Working Group under subsection (i), the President shall submit a report to Congress which shall contain (1) additional views and comments on such recommendations; and (2) recommendations for such legislation and administrative actions as the President considers appropriate. (p) REQUIRED CONGRESSIONAL ACTION.-Not later than 45 days after receiving the report submitted by the President under subsection (o), each committee of jurisdiction of Congress, the Committee on Finance of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, [and the] Committee on Education and the Workforce of the House of Representatives, shall hold at least 1 hearing on such report and on the final recommendations of the Working Group submitted under subsection (i). (q) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.-There are authorized to be appropriated to carry out this section, other than subsection (h)(3), $3,000,000 for each of fiscal years 2005 and 2006. (2) HEALTH REPORT TO THE AMERICAN PEOPLE.-There are authorized to be appropriated for the preparation and dissemination of the Health Report to the American People described in subsection (h)(3), such sums as may be necessary for the fiscal year in which the report is required to be submitted. SEC. 1015. [None Assigned] FUNDING START-UP ADMINISTRATIVE COSTS FOR MEDICARE REFORM. (a) IN GENERAL.-There are appropriated to carry out this Act (including the amendments made by this Act), to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund P.L. 108-203 SEC. 1015.-Continued (1) not to exceed $1,000,000,000 for the Centers for Medicare & Medicaid Services; and (2) not to exceed $500,000,000 for the Social Security Administration. (b) AVAILABILITY.—Amounts provided under subsection (a) shall remain available until September 30, 2005. (c) APPLICATION.-From amounts provided under subsection (a)(2), the Social Security Administration may reimburse the Internal Revenue Service for expenses in carrying out this Act (and the amendments made by this Act). (d) TRANSFER.-The President may transfer amounts provided under subsection (a) between the Centers for Medicare & Medicaid Services and the Social Security Administration. Notice of such transfers shall be transmitted within 15 days to the authorizing committees of the House of Representatives and of the Senate. * [Internal References.-SSAct §§1881(c) cites §623(c) of the Medicare Prescription Drug Improvement, and Modernization Act of 2003. SSAct Title XVIII Part D, Part D Subpart 4 and §§1806, 1807, 1860D-11, D-14, D-22, 1866, 1874A, 1875, 1877, 1879, 1881, 1889, 1895 headings, 1804(b), 1860D4(e), 1862(1), 1866(j)(1) and (2), and 1877(h) have footnotes referring to P.L. 108173.] P.L. 108-203, Approved March 2, 2004 (118 Stat. 493) SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT FOR MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR CONFINEMENT. (e) [None Assigned] REPORT TO CONGRESS.-The Commissioner of Social Security, in consultation with the Inspector General of the Social Security Administration, shall prepare a report evaluating whether the existing procedures and reviews for the qualification (including disqualification) of representative payees are sufficient to enable the Commissioner to protect benefits from being misused by representative payees. The Commissioner shall submit the report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate no later than 270 days after the date of the enactment of this Act. The Commissioner shall include in such report any recommendations that the Commissioner considers appropriate. * SEC. 302. TEMPORARY EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS. (c) [42 U.S.C 1383 note] EFFECTIVE DATE.— (1) IN GENERAL.-The amendments made by this section shall apply with respect to fees for representation of claimants which are first required to be paid under section 1631(d)(2) of the Social Security Act on or after the date of the submission by the Commissioner of Social Security to each House of Congress pursuant to section 303(d) of this Act of written notice of completion of full implementation of the requirements for operation of the demonstration project under section 303 of this Act. (2) SUNSET. Such amendments shall not apply with respect to fees for representation of claimants in the case of any claim for benefits with respect to which the agreement for representation is entered into after 5 years after the date described in paragraph (1). SEC. 303. [42 U.S.C. 406 note] NATIONWIDE DEMONSTRATION PROJECT PROVIDING FOR EXTENSION OF FEE WITHHOLDING PROCEDURES TO NON-ATTORNEY REPRESENTATIVES. (a) IN GENERAL.-The Commissioner of Social Security (hereafter in this section referred to as the "Commissioner") shall develop and carry out a nationwide demonstration project under this section with respect to agents and other persons, other than attorneys, who represent claimants under titles II and XVI of the Social Security Act before the Commissioner. The demonstration project shall be designed to determine the potential results of extending to such representatives the fee withholding procedures and assessment procedures that apply under sections 206 and section 1631(d)(2) of such Act to attorneys seeking direct payment out of past due benefits under such titles and shall include an analysis of the effect of such extension on claimants and program administration. (b) STANDARDS FOR INCLUSION IN DEMONSTRATION PROJECT.-Fee-withholding procedures may be extended under the demonstration project carried out pursuant to subsection (a) to any non-attorney representative only if such representative meets at least the following prerequisites: (1) The representative has been awarded a bachelor's degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experi ence. (2) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of the Social Security Act and the most recent developments in agency and court decisions affecting titles II and XVI of such Act. (3) The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative. (4) The representative has undergone a criminal background check to ensure the representative's fitness to practice before the Commissioner. (5) The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under titles II and XVI of such Act. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe. (c) ASSESSMENT OF FEES. (1) IN GENERAL.-The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in subsection (b). (2) DISPOSITION OF FEES.-Fees collected under paragraph (1) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner of Social Security determines appropriate. (3) AUTHORIZATION OF APPROPRIATIONS.-The fees authorized under this subparagraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in subsection (b). (d) NOTICE TO CONGRESS AND APPLICABILITY OF FEE WITHHOLDING PROCEDURES.-Not later than 1 year after the date of enactment of this Act, the Commissioner shall complete such actions as are necessary to fully implement the requirements for full operation of the demonstration project and shall submit to each House of Congress a written notice of the completion of such actions. The applicability under this section to non-attorney representatives of the fee withholding procedures and assessment procedures under sections 206 and 1631(d)(2) of the Social Security Act shall be effective with respect to fees for representation of claimants in the case of claims for benefits with respect to which the agreement for representation is entered into by such non-attorney representatives during the period beginning with the date of the submission of such notice by the Commissioner to Congress and ending with the termination date of the demonstration project (e) REPORTS BY THE COMMISSIONER; TERMINATION.— (1) INTERIM REPORTS.-On or before the date which is 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual interim report on the progress of the demonstration project carried out under this section, together with any related data and materials that the Commissioner may consider appropriate. (2) TERMINATION DATE AND FINAL REPORT.-The termination date of the demonstration project under this section is the date which is 5 years after the date of the submission of the notice by the Commissioner to each House of Congress pursuant to subsection (d). The authority under the preceding provisions of this section shall not apply in the case of claims for benefits with respect to which the agreement for representation is entered into after the termination date. Not later than 90 days after the termination date, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a final report with respect to the demonstration project. SEC. 304. [42 U.S.C. 406 note] GAO STUDY REGARDING THE FEE PAYMENT PROCESS FOR CLAIMANT REPRESENTATIVES. (a) STUDY. (1) IN GENERAL.-The Comptroller General of the United States shall study and evaluate the appointment and payment of claimant representatives appearing before the Commissioner of Social Security in connection with benefit claims under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) in each of the following groups: (A) Attorney claimant representatives who elect fee withholding under section 206 or 1631(d)(2) of such Act. (B) Attorney claimant representatives who do not elect such fee withholding. (C) Non-attorney claimant representatives who are eligible for, and elect, such fee withholding. (D) Non-attorney claimant representatives who are eligible for, but do not elect, such fee withholding. (E) Non-attorney claimant representatives who are not eligible for such fee withholding. |