[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2042 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2042

   To establish a Commission on health policy for employer-sponsored 
                             health plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 1999

  Mr. Upton introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To establish a Commission on health policy for employer-sponsored 
                             health plans.

    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 ``Health Care Access, Affordability, 
and Quality Advisory Commission Act of 1999''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    Part 5 of the Employee Retirement Income Security Act of 1974 is 
amended by adding at the end the following new section:

                 ``sec. 518. health policy commission.

    ``(a) Establishment.--There is hereby established a commission to 
be known as the Health Care Access, Affordability, and Quality 
Commission (hereinafter in this Act referred to as the ``Commission'').
    ``(b) Duties of Commission.--The duties of the Commission shall be 
as follows:
            ``(1) Establishment of model guidelines.--Based on 
        information gathered by appropriate Federal agencies, advisory 
        groups, and other appropriate sources for health care 
        information, studies, and data, the Commission shall establish 
        model guidelines in each of the following areas:
                    ``(A) Independent expert external review programs.
                    ``(B) Consumer friendly information programs.
                    ``(C) Systems for measuring patient satisfaction 
                and patient outcomes.
                    ``(D) Systems to ensure the timely processing of 
                claims.
            ``(2) Evaluation of health benefits mandates.--At the 
        request of the chairmen or ranking minority members of the 
        appropriate committees of Congress, the Commission shall 
        evaluate, taking into consideration the overall cost effect, 
        availability of treatment, and the effect on the health of the 
        general population, existing and proposed benefit requirements 
        for group health plans.
            ``(3) Comments on certain secretarial reports.--If the 
        Secretary submits to Congress (or a committee of Congress) a 
        report that is required by law and that relates to policies 
        under this section, the Secretary shall transmit a copy of the 
        report to the Commission. The Commission shall review the 
        report and, not later than 6 months after the date of submittal 
        of the Secretary's report to Congress, shall submit to the 
        appropriate committees of Congress written comments on such 
        report. Such comments may include such recommendations as the 
        Commission deems appropriate.
            ``(4) Agenda and additional review.--The Commission shall 
        consult periodically with the chairmen and ranking minority 
        members of the appropriate committees of Congress regarding the 
        Commission's agenda and progress toward achieving the agenda. 
        The Commission may conduct additional reviews, and submit 
        additional reports to the appropriate committees of Congress, 
        from time to time on such topics as may be requested by such 
        chairmen and members and as the Commission deems appropriate.
            ``(5) Availability of reports.--The Commission shall 
        transmit to the Secretary a copy of each report submitted under 
        this subsection and shall make such reports available to the 
        public.
    ``(c) Membership.--
            ``(1) Number and appointment.--The Commission shall be 
        composed of 11 members appointed by the Comptroller General.
            ``(2) Qualifications.--
                    ``(A) In general.--The membership of the Commission 
                shall include--
                            ``(i) physicians and other health 
                        professionals;
                            ``(ii) representatives of employers, 
                        including multiemployer plans;
                            ``(ii) representatives of insured 
                        employees;
                            ``(iv) third-party payers; and
                            ``(v) health services and health economics 
                        researchers with expertise in outcomes and 
                        effectiveness research and technology 
                        assessment.
                    ``(B) Ethical disclosure.--The Comptroller General 
                shall establish a system for public disclosure by 
                members of the Commission of financial and other 
                potential conflicts of interest relating to such 
                members.
            ``(3) Terms.--
                    ``(A) In general.--Each member shall be appointed 
                for a term of 3 years, except that the Comptroller 
                shall designate staggered terms for the members first 
                appointed.
                    ``(B) Vacancies.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office. A vacancy in the 
                Commission shall be filled in the manner in which the 
                original appointment was made.
            ``(4) Basic pay.--
                    ``(A) Rates of pay.--Except as provided in 
                subparagraph (B), members shall each be paid at a rate 
                equal to the rate of basic pay payable for level IV of 
                the Executive Schedule for each day (including travel 
                time) during which they are engaged in the actual 
                performance of duties vested in the Commission.
                    ``(B) Prohibition of compensation of federal 
                employees.--Members of the Commission who are full-time 
                officers or employees of the United States (or Members 
                of Congress) may not receive additional pay, 
                allowances, or benefits by reason of their service on 
                the Commission.
            ``(5) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            ``(6) Chairperson.--The Chairperson of the Commission shall 
        be designated by the Comptroller at the time of the 
        appointment. The term of office of the Chairperson shall be 3 
        years.
            ``(7) Meetings.--The Commission shall meet 4 times each 
        year.
    ``(d) Director and Staff of Commission.--
            ``(1) Director.--The Commission shall have a Director who 
        shall be appointed by the Chairperson. The Director shall be 
        paid at a rate not to exceed the maximum rate of basic pay 
        payable for GS-13 of the General Schedule.
            ``(2) Staff.--The Director may appoint 2 additional staff 
        members.
            ``(3) Applicability of certain civil service laws.--The 
        Director and staff of the Commission shall be appointed subject 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of that title relating to classification and 
        General Schedule pay rates.
    ``(e) Powers of Commission.--
            ``(1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate. The Commission may administer 
        oaths or affirmations to witnesses appearing before it.
            ``(2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
            ``(3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chairperson of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission.
            ``(4) Mails.--The Commission may use the United States 
        mails in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            ``(5) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this Act.
            ``(6) Contract authority.--The Commission may contract with 
        and compensate government and private agencies or persons for 
        services, without regard to section 3709 of the Revised 
        Statutes (41 U.S.C. 5).
    ``(f) Reports.--Beginning December 31, 2000, and each year 
thereafter, the Commission shall submit to the Congress an annual 
report detailing the following information:
            ``(1) Access to care, affordability to employers and 
        employees, and quality of care under employer-sponsored health 
        plans and recommendations for improving such access, 
        affordability, and quality.
            ``(2) Any issues the Commission deems appropriate or any 
        issues (such as the appropriateness and availability of 
        particular medical treatment) that the chairmen or ranking 
        members of the appropriate committees of Congress requested the 
        Commission to evaluate.
    ``(g) Definition of Appropriate Committees of Congress.--For 
purposes of this section the term `appropriate committees of Congress' 
means any committee in the Senate or House of Representatives having 
jurisdiction over the Employee Retirement Income Security Act of 1974.
    ``(h) Termination.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Commission.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal years 2000 through 2004 such sums as may be 
necessary to carry out this Act.''.

SEC. 3. EFFECTIVE DATE.

    This Act shall be effective 6 months after the date of its 
enactment.
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