The passing of Senator Edward M. Kennedy marked the end of the legendary Kennedy brothers, and the era of what was called a modern day Camelot. Teddy, as he was known to friends and family, passed away from the effects of brain cancer earlier this week at the age of 77. He was the youngest of the Kennedy clan.
The family, who for decades, was the closest thing to royalty in America. It was also a family beset by unspeakable tragedy. The eldest brother, Joe, died in a plane crash during World War II, defending his country. He was the brother who was earmarked to become president by the family Patriarch, his father, Joseph P. Kennedy, Sr. The eldest daughter, Kathleen, or "Kit", as she was called by her family, also died in a plane crash. Another daughter, Rosemary, suffered from mental retardation which caused mood swings so severe, her father arranged a new procedure - a lobotomy - which impaired her abilities more, to the point of institutionalizing her until her death, many years later.
John Fitzgerald Kennedy was elected president in 1960, and was assassinated in November of 1963. Less than 5 years later, Brother Bobby, running for President and having just won the California Primary, was also struck down by an assassin.
Some of the most emotional moments in my lifetime, not involving family, were when JFK and Bobby were killed. I was a senior in high school when the news of President Kennedy's death came on our loudspeaker system. I was a volunteer for Bobby's campaign in California when he was shot to death.
The passing of Teddy brings out different emotions in me. I always felt a little sorry for him. He was the youngest brother in a family of over-achievers, and he was expected by everyone - not just his family - but by the millions of Kennedy admirers to reach the great heights that his older brothers did. He might have done it too, except for one ill-fated night. He drove off a bride in Chappaquiddick in 1969, and a young lady by the name of MaryJo Kopechne drowned. Teddy somehow survived, but he failed to even report the accident until 9 hours later. No matter what excuses he offered, none of them rang true.
Some 11 years later he made a run for his party's candidacy, challenging an incumbent, though unpopular President Jimmy Carter. Chappaquiddick and his involvement there ruined his chances. It is doubtful he would have succeeded in the general election, as the Republican foe, Ronald Reagan, popular former Governor of California, had the right message for the times.
I had always wondered if Teddy really wanted to be president, or if he was simply responding to the pressure of those around him urging him to run and the sense of duty to fulfill what he convinced himself was the family destiny. He appeared uncomfortable to me when interviewed, though occasionally he could rouse a crowd with a heartfelt speech, as he did delivering brother Bobby's eulogy, or his concession to Jimmy Carter at the Democratic Convention. Most times, however, he just didn't seem to be the impassioned Public figure that either of his brothers were.
Of course, he redirected his energy in his Senate career, and both sides of the aisle praise him for his hard work and efforts during his nearly 50 year career. Unfortunately, his public persona continued to suffer, with publicized drinking bouts and womanizing. One wonders how he could have separated such an effective legislative life from such a disastrous public life, though many politicians have, both before and since, done the same thing.
He also was the poster boy for Liberals during much of his life which, of course, made him a hated person by many. Yet some of the legislation he was instrumental in passing - American Disability Act; Title IX; Children's Health Insurance; No child left behind, among others - made our country a better place, and benefited people from all parties.
His loss will be felt by many, and be, most likely, welcomed by some. But we shouldn't forget that time, long ago, when he and his family represented the best of what America had to offer. So, Senator Kennedy, as you join your brothers....
In short, there's simply not
A more congenial spot
For happily-ever-aftering than here
In Camelot.
Old Fart Mike
Thursday, August 27, 2009
Wednesday, August 19, 2009
The World's gone crazy
The protests of the 60's were nothing compared to what is happening today. These days, people are angered mostly over health care proposals and bailouts of companies and banking institutions. In the 1960's, it was mostly young people with holding signs or burning their draft cards protesting the war in Viet Nam. This was a place where their counterparts were losing lives at an astonishing rate, and no one could actually explain why we were fighting that war, except to say, "We need to stop the advance of communism". That war in Southeast Asia finally ended in 1973, after America had lost over 58,000 of it's troops, and almost a decade had passed.
The protests then were conducted largely by college students with long hair. Today, the protesters are mostly gray-haired middle age suburbanites or senior citizens. They seem to be just as afraid as the college students were 40 years ago. But, unlike those students who demonstrated peacefully, a new element is creeping into the modern day protester - some are showing up with loaded weapons at events where the President of the United States is nearby.
Just a couple days ago, as President Obama addressed a crowd of people indoors at one of several Town Hall meetings - this one in Phoenix - several people (as many as a dozen) were seen brandishing weapons in the area directly outside the hall in which our President was speaking. Law officials could do nothing because these individuals were "not breaking any laws". The second amendment has trumped common sense and lessons we should have learned in the assassinations, and attempted assassinations, of past Presidents and other political figures.
As a senior in high school, I remember well the day President Kennedy was killed in Dallas. Everyone who was alive that day can tell you exactly where he/she was when they heard of his assassination. In 1968, I also remember the murder of Martin Luther King. And then, just a few months later, Senator Robert Kennedy, for whom I did volunteer work on his campaign.
Here we are, some 40 years later. A new President, trying to make changes like JFK, or Dr. King did, or what Bobby was attempting to do, from the way things were. Someone who got elected because he excited enough people to vote him into office.
Will he triumph over the crazies out there? Or will we once again fall victim to unbridled rage and untempered hate? Can it really be true that common sense can be cast aside in allowing people to carry loaded weapons near the President of the United States when we know what has historically happened?
Let us pray that someone from the opposition comes forward and says, "Wait a minute, it's fine to take issue, but tune down the rhetoric. Leave the guns at home. Be respectful."
This needs to happen now.
Old Fart Mike
The protests then were conducted largely by college students with long hair. Today, the protesters are mostly gray-haired middle age suburbanites or senior citizens. They seem to be just as afraid as the college students were 40 years ago. But, unlike those students who demonstrated peacefully, a new element is creeping into the modern day protester - some are showing up with loaded weapons at events where the President of the United States is nearby.
Just a couple days ago, as President Obama addressed a crowd of people indoors at one of several Town Hall meetings - this one in Phoenix - several people (as many as a dozen) were seen brandishing weapons in the area directly outside the hall in which our President was speaking. Law officials could do nothing because these individuals were "not breaking any laws". The second amendment has trumped common sense and lessons we should have learned in the assassinations, and attempted assassinations, of past Presidents and other political figures.
As a senior in high school, I remember well the day President Kennedy was killed in Dallas. Everyone who was alive that day can tell you exactly where he/she was when they heard of his assassination. In 1968, I also remember the murder of Martin Luther King. And then, just a few months later, Senator Robert Kennedy, for whom I did volunteer work on his campaign.
Here we are, some 40 years later. A new President, trying to make changes like JFK, or Dr. King did, or what Bobby was attempting to do, from the way things were. Someone who got elected because he excited enough people to vote him into office.
Will he triumph over the crazies out there? Or will we once again fall victim to unbridled rage and untempered hate? Can it really be true that common sense can be cast aside in allowing people to carry loaded weapons near the President of the United States when we know what has historically happened?
Let us pray that someone from the opposition comes forward and says, "Wait a minute, it's fine to take issue, but tune down the rhetoric. Leave the guns at home. Be respectful."
This needs to happen now.
Old Fart Mike
Sunday, August 16, 2009
I'm Back - with much to say...About Health Care!
I have received so many erroneous e-mails about the health reform bill in congress that I decided to go look up the bill (H.R. Bill 3200 - America’s Affordable Health Choices Act of 2009 - http://www.opencongress.org/bill/111-h3200/text) and find out for myself what is really true.
Hopefully, this will stop people from spreading nasty, untrue e-mails that spur hatred and not much else. I have picked the 4 areas that seem to have caused the most concern and fueled the most hatred. These are the ones that, for whatever reason, have caused otherwise sane, rational people to attend Town Hall Meetings and scream obscenities at their congressional representatives, or make posters of our President with Hitler mustaches declaring him and members of his party to be either Socialists or Fascists.
While our country has been incredibly fractured and divided since Bill Clinton was elected President, the rift seems to be worsening in the few short months since Barrack Obama took office.
Many friends have quarreled with each other over the dogma of their respective parties and have accused each other of not being Patriotic or worse - simply because of disagreements over policy. In my own case, I served in the Marines, yet was accused by several friends who had never served in the military of not being Patriotic because I disagreed with President Bush when he decided to enter Iraq.
Now, the Health Care issue has divided thousands of people - yet most have not even taken the time to read the provisions that they most object to. Instead, they have simply listened to "The Talking Heads" either on Radio or Television, who have incited them for their own political reasons. I've received e-mail from incredibly bright people I've known for most of my life that contain such inaccuracies about the health care reform bill, I am shocked. I can only attribute it to them leading busy lives and turning to the station(s) that espouse their same general political philosophy. How sad it is that these once open minds have been closed to any other opinions.
I suppose I write not only because I would like people to actually READ the truth, but because I am worried about the future of our President. Stories are already surfacing about the rise in militia; attempts by gun and knife carrying people trying to get in to town halls; and a resurgence in neo-nazi groups and the KKK. With out of control broadcasters demeaning everything our first African-American President is attempting to do, can an attempt on his life be far behind? Will this be a return to the ugliness of the sixties - when 3 of our brightest leaders were assassinated? Let's pray it isn't.
Here are the ACTUAL excerpts from the Health Care bill (copied and pasted on Sunday, August 16, 2009), for the ugliest rumors/lies going around:
RUMOR #1. The bill would make private health insurance illegal. (Not TRUE. It protects peoples current coverage, and if you would rather stay with current coverage it is fine)Here's the applicable section, from the bill.
SEC. 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.
(a) Grandfathered Health Insurance Coverage Defined- Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term ‘grandfathered health insurance coverage’ means individual health insurance coverage that is offered and in force and effect before the first day of Y1 if the following conditions are met:
(1) LIMITATION ON NEW ENROLLMENT-
(A) IN GENERAL- Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.
(B) DEPENDENT COVERAGE PERMITTED- Subparagraph (A) shall not affect the subsequent enrollment of a dependent of an individual who is covered as of such first day.
(2) LIMITATION ON CHANGES IN TERMS OR CONDITIONS- Subject to paragraph (3) and except as required by law, the issuer does not change any of its terms or conditions, including benefits and cost-sharing, from those in effect as of the day before the first day of Y1.
(3) RESTRICTIONS ON PREMIUM INCREASES- The issuer cannot vary the percentage increase in the premium for a risk group of enrollees in specific grandfathered health insurance coverage without changing the premium for all enrollees in the same risk group at the same rate, as specified by the Commissioner.
(b) Grace Period for Current Employment-based Health Plans-
(1) GRACE PERIOD-
(A) IN GENERAL- The Commissioner shall establish a grace period whereby, for plan years beginning after the end of the 5-year period beginning with Y1, an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan under section 101, including the essential benefit package requirement under section 121.
(B) EXCEPTION FOR LIMITED BENEFITS PLANS- Subparagraph (A) shall not apply to an employment-based health plan in which the coverage consists only of one or more of the following:
(i) Any coverage described in section 3001(a)(1)(B)(ii)(IV) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(ii) Excepted benefits (as defined in section 733(c) of the Employee Retirement Income Security Act of 1974), including coverage under a specified disease or illness policy described in paragraph (3)(A) of such section.
(iii) Such other limited benefits as the Commissioner may specify.
In no case shall an employment-based health plan in which the coverage consists only of one or more of the coverage or benefits described in clauses (i) through (iii) be treated as acceptable coverage under this division
(2) TRANSITIONAL TREATMENT AS ACCEPTABLE COVERAGE- During the grace period specified in paragraph (1)(A), an employment-based health plan that is described in such paragraph shall be treated as acceptable coverage under this division.
(c) Limitation on Individual Health Insurance Coverage-
(1) IN GENERAL- Individual health insurance coverage that is not grandfathered health insurance coverage under subsection (a) may only be offered on or after the first day of Y1 as an Exchange-participating health benefits plan.
(2) SEPARATE, EXCEPTED COVERAGE PERMITTED- Excepted benefits (as defined in section 2791(c) of the Public Health Service Act) are not included within the definition of health insurance coverage. Nothing in paragraph (1) shall prevent the offering, other than through the Health Insurance Exchange, of excepted benefits so long as it is offered and priced separately from health insurance coverage.
RUMOR #2. The Health Care bill would set up government death panels (OBVIOUSLY, NOT TRUE. WHAT THIS BILL DOES IS ALLOW THIS PROGRAM TO PAY DOCTORS TO TALK TO THE PATIENT ABOUT ENd OF LIFE ISSUES. IT IS NOT MANDATORY, EITHER) As a side note less than 40% of all Americans have "advance care directives" drawn up - or have spoken to their loved ones about their wishes.HERE is the section and what it says:
SEC. 1233. ADVANCE CARE PLANNING CONSULTATION.
(a) Medicare-Comments
(1) IN GENERAL- Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)-
(i) by striking ‘and’ at the end of subparagraph (DD);
(ii) by adding ‘and’ at the end of subparagraph (EE)
(iii) by adding at the end the following new subparagraph:
‘(FF) advance care planning consultation (as defined in subsection (hhh)(1));’; and
(B) by adding at the end the following new subsection:
‘Advance Care Planning Consultation
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‘(hhh)(1) Subject to paragraphs (3) and (4), the term ‘advance care planning consultation’ means a consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning, if, subject to paragraph (3), the individual involved has not had such a consultation within the last 5 years. Such consultation shall include the following:
‘(A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to.
‘(B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses.
‘(C) An explanation by the practitioner of the role and responsibilities of a health care proxy.
‘(D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act of 1965).
‘(E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.
‘(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include
‘(I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes;
‘(II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and
‘(III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy).
‘(ii) The Secretary shall limit the requirement for explanations under clause (i) to consultations furnished in a State--
‘(I) in which all legal barriers have been addressed for enabling orders for life sustaining treatment to constitute a set of medical orders respected across all care settings; and
‘(II) that has in effect a program for orders for life sustaining treatment described in clause (iii).
‘(iii) A program for orders for life sustaining treatment for a States described in this clause is a program that--
‘(I) ensures such orders are standardized and uniquely identifiable throughout the State;
‘(II) distributes or makes accessible such orders to physicians and other health professionals that (acting within the scope of the professional’s authority under State law) may sign orders for life sustaining treatment;
‘(III) provides training for health care professionals across the continuum of care about the goals and use of orders for life sustaining treatment; and
‘(IV) is guided by a coalition of stakeholders includes representatives from emergency medical services, emergency department physicians or nurses, state long-term care association, state medical association, state surveyors, agency responsible for senior services, state department of health, state hospital association, home health association, state bar association, and state hospice association.
‘(2) A practitioner described in this paragraph is--
‘(A) a physician (as defined in subsection (r)(1)); and
‘(B) a nurse practitioner or physician’s assistant who has the authority under State law to sign orders for life sustaining treatments.
‘(3)(A) An initial preventive physical examination under subsection (WW), including any related discussion during such examination, shall not be considered an advance care planning consultation for purposes of applying the 5-year limitation under paragraph (1).
‘(B) An advance care planning consultation with respect to an individual may be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program.
‘(4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order.
‘(5)(A) For purposes of this section, the term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable medical order relating to the treatment of that individual that--
‘(i) is signed and dated by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional’s authority under State law in signing such an order, including a nurse practitioner or physician assistant) and is in a form that permits it to stay with the individual and be followed by health care professionals and providers across the continuum of care;
‘(ii) effectively communicates the individual’s preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual;
‘(iii) is uniquely identifiable and standardized within a given locality, region, or State (as identified by the Secretary); and
‘(iv) may incorporate any advance directive (as defined in section 1866(f)(3)) if executed by the individual.
‘(B) The level of treatment indicated under subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items--
‘(i) the intensity of medical intervention if the patient is pulse less, apneic, or has serious cardiac or pulmonary problems;
‘(ii) the individual’s desire regarding transfer to a hospital or remaining at the current care setting;
‘(iii) the use of antibiotics; and
‘(iv) the use of artificially administered nutrition and hydration.’.
(2) PAYMENT- Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ‘(2)(FF),’ after ‘(2)(EE),’.
(3) FREQUENCY LIMITATION- Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-
(A) in paragraph (1)--
(i) in subparagraph (N), by striking ‘and’ at the end;
(ii) in subparagraph (O) by striking the semicolon at the end and inserting ‘, and’; and
(iii) by adding at the end the following new subparagraph:
‘(P) in the case of advance care planning consultations (as defined in section 1861(hhh)(1)), which are performed more frequently than is covered under such section;’; and
(B) in paragraph (7), by striking ‘or (K)’ and inserting ‘(K), or (P)’.
(4) EFFECTIVE DATE- The amendments made by this subsection shall apply to consultations furnished on or after January 1, 2011.
(b) Expansion of Physician Quality Reporting Initiative for End of Life Care-
(1) Physician’S QUALITY REPORTING INITIATIVE- Section 1848(k)(2) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)) is amended by adding at the end the following new paragraphs:
‘(3) Physician’S QUALITY REPORTING INITIATIVE-
‘(A) IN GENERAL- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.
‘(B) PROPOSED SET OF MEASURES- The Secretary shall publish in the Federal Register proposed quality measures on end of life care and advanced care planning that the Secretary determines are described in subparagraph (A) and would be appropriate for eligible professionals to use to submit data to the Secretary. The Secretary shall provide for a period of public comment on such set of measures before finalizing such proposed measures.’.
(c) Inclusion of Information in Medicare & You Handbook-
(1) MEDICARE & YOU HANDBOOK-
(A) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall update the online version of the Medicare & You Handbook to include the following:
(i) An explanation of advance care planning and advance directives, including--
(I) living wills;
(II) durable power of attorney;
(III) orders of life-sustaining treatment; and
(IV) health care proxies.
(ii) A description of Federal and State resources available to assist individuals and their families with advance care planning and advance directives, including--
(I) available State legal service organizations to assist individuals with advance care planning, including those organizations that receive funding pursuant to the Older Americans Act of 1965 (42 U.S.C. 93001 et seq.);
(II) website links or addresses for State-specific advance directive forms; and
(III) any additional information, as determined by the Secretary.
(B) UPDATE OF PAPER AND SUBSEQUENT VERSIONS- The Secretary shall include the information described in subparagraph (A) in all paper and electronic versions of the Medicare & You Handbook that are published on or after the date that is 1 year after the date of the enactment of this Act.
RUMOR #3. The bill will give free health care to illegal immigrants (Absolutely no mention of aliens - legal or Illegal)
SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.
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(a) In General- Except as otherwise explicitly permitted by this Act and by subsequent regulations consistent with this Act, all health care and related services (including insurance coverage and public health activities) covered by this Act shall be provided without regard to personal characteristics extraneous to the provision of high quality health care or related services.
(b) Implementation- To implement the requirement set forth in subsection (a), the Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act, promulgate such regulations as are necessary or appropriate to insure that all health care and related services (including insurance coverage and public health activities) covered by this Act are provided (whether directly or through contractual, licensing, or other arrangements) without regard to personal characteristics extraneous to the provision of high quality health care or related services.
RUMOR #4. The government will have direct, real-time access to individual bank accounts (What this really allows is for an insurance card to be accessed, real-time, electronically. This is similar to what happens now when you present your insurance card at the Doctor's office, or hospital - except it will speed up the process.)
SEC. 163. ADMINISTRATIVE SIMPLIFICATION.
(a) Standardizing Electronic Administrative Transactions-
(1) IN GENERAL- Part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) is amended by inserting after section 1173 the following new section:
‘SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS.
‘(a) Standards for Financial and Administrative Transactions-
‘(1) IN GENERAL- The Secretary shall adopt and regularly update standards consistent with the goals described in paragraph (2).
‘(2) GOALS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS- The goals for standards under paragraph (1) are that such standards shall--
‘(A) be unique with no conflicting or redundant standards;
‘(B) be authoritative, permitting no additions or constraints for electronic transactions, including companion guides;
‘(C) be comprehensive, efficient and robust, requiring minimal augmentation by paper transactions or clarification by further communications;
‘(D) enable the real-time (or near real-time) determination of an individual’s financial responsibility at the point of service and, to the extent possible, prior to service, including whether the individual is eligible for a specific service with a specific physician at a specific facility, which may include utilization of a machine-readable health plan beneficiary identification card;
‘(E) enable, where feasible, near real-time adjudication of claims;
‘(F) provide for timely acknowledgment, response, and status reporting applicable to any electronic transaction deemed appropriate by the Secretary;
2
‘(G) describe all data elements (such as reason and remark codes) in unambiguous terms, not permit optional fields, require that data elements be either required or conditioned upon set values in other fields, and prohibit additional conditions; and
2
‘(H) harmonize all common data elements across administrative and clinical transaction standards.
‘(3) TIME FOR ADOPTION- Not later than 2 years after the date of implementation of the X12 Version 5010 transaction standards implemented under this part, the Secretary shall adopt standards under this section.
‘(4) REQUIREMENTS FOR SPECIFIC STANDARDS- The standards under this section shall be developed, adopted and enforced so as to--
‘(A) clarify, refine, complete, and expand, as needed, the standards required under section 1173;
‘(B) require paper versions of standardized transactions to comply with the same standards as to data content such that a fully compliant, equivalent electronic transaction can be populated from the data from a paper version;
‘(C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;
‘(D) require timely and transparent claim and denial management processes, including tracking, adjudication, and appeal processing;
‘(E) require the use of a standard electronic transaction with which health care providers may quickly and efficiently enroll with a health plan to conduct the other electronic transactions provided for in this part; and
‘(F) provide for other requirements relating to administrative simplification as identified by the Secretary, in consultation with stakeholders.
1
‘(5) BUILDING ON EXISTING STANDARDS- In developing the standards under this section, the Secretary shall build upon existing and planned standards.
1
‘(6) IMPLEMENTATION AND ENFORCEMENT- Not later than 6 months after the date of the enactment of this section, the Secretary shall submit to the appropriate committees of Congress a plan for the implementation and enforcement, by not later than 5 years after such date of enactment, of the standards under this section. Such plan shall include--
‘(A) a process and timeframe with milestones for developing the complete set of standards;
‘(B) an expedited upgrade program for continually developing and approving additions and modifications to the standards as often as annually to improve their quality and extend their functionality to meet evolving requirements in health care;
‘(C) programs to provide incentives for, and ease the burden of, implementation for certain health care providers, with special consideration given to such providers serving rural or underserved areas and ensure coordination with standards, implementation specifications, and certification criteria being adopted under the HITECH Act;
‘(D) programs to provide incentives for, and ease the burden of, health care providers who volunteer to participate in the process of setting standards for electronic transactions;
‘(E) an estimate of total funds needed to ensure timely completion of the implementation plan; and
‘(F) an enforcement process that includes timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for non-compliance consistent with existing laws and regulations, and a fair and reasonable appeals process building off of enforcement provisions under this part.
‘(b) Limitations on Use of Data- Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual.
‘(c) Protection of Data- The Secretary shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are--
‘(1) used and disclosed in a manner that meets the HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard adopted under section 3004 of such Act; and
‘(2) protected from all inappropriate internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from other inappropriate uses, as defined by the Secretary.’.
(2) DEFINITIONS- Section 1171 of such Act (42 U.S.C. 1320d) is amended--
(A) in paragraph (7), by striking ‘with reference to’ and all that follows and inserting ‘with reference to a transaction or data element of health information in section 1173 means implementation specifications, certification criteria, operating rules, messaging formats, codes, and code sets adopted or established by the Secretary for the electronic exchange and use of information’; and
(B) by adding at the end the following new paragraph:
‘(9) OPERATING RULES- The term ‘operating rules’ means business rules for using and processing transactions. Operating rules should address the following:
‘(A) Requirements for data content using available and established national standards.
‘(B) Infrastructure requirements that establish best practices for streamlining data flow to yield timely execution of transactions.
‘(C) Policies defining the transaction related rights and responsibilities for entities that are transmitting or receiving data.’.
(3) CONFORMING AMENDMENT- Section 1179(a) of such Act (42 U.S.C. 1320d-8(a)) is amended, in the matter before paragraph (1)--
(A) by inserting ‘on behalf of an individual’ after ‘1978)’; and
(B) by inserting ‘on behalf of an individual’ after ‘for a financial institution.’
(b) Standards for Claims Attachments and Coordination of Benefits -
(1) STANDARD FOR HEALTH CLAIMS ATTACHMENTS- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule to establish a standard for health claims attachment transaction described in section 1173(a)(2)(B) of the Social Security Act (42 U.S.C. 1320d-2(a)(2)(B)) and coordination of benefits.
(2) REVISION IN PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS-
(A) IN GENERAL- Section 1179 of the Social Security Act (42 U.S.C. 1320d-8) is amended, in the matter before paragraph (1)--
(i) by striking ‘or is engaged’ and inserting ‘and is engaged’; and
(ii) by inserting ‘(other than as a business associate for a covered entity)’ after ‘for a financial institution’.
(B) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to transactions occurring on or after such date (not later than 6 months after the date of the enactment of this Act) as the Secretary of Health and Human Services shall specify.
Hopefully, this will stop people from spreading nasty, untrue e-mails that spur hatred and not much else. I have picked the 4 areas that seem to have caused the most concern and fueled the most hatred. These are the ones that, for whatever reason, have caused otherwise sane, rational people to attend Town Hall Meetings and scream obscenities at their congressional representatives, or make posters of our President with Hitler mustaches declaring him and members of his party to be either Socialists or Fascists.
While our country has been incredibly fractured and divided since Bill Clinton was elected President, the rift seems to be worsening in the few short months since Barrack Obama took office.
Many friends have quarreled with each other over the dogma of their respective parties and have accused each other of not being Patriotic or worse - simply because of disagreements over policy. In my own case, I served in the Marines, yet was accused by several friends who had never served in the military of not being Patriotic because I disagreed with President Bush when he decided to enter Iraq.
Now, the Health Care issue has divided thousands of people - yet most have not even taken the time to read the provisions that they most object to. Instead, they have simply listened to "The Talking Heads" either on Radio or Television, who have incited them for their own political reasons. I've received e-mail from incredibly bright people I've known for most of my life that contain such inaccuracies about the health care reform bill, I am shocked. I can only attribute it to them leading busy lives and turning to the station(s) that espouse their same general political philosophy. How sad it is that these once open minds have been closed to any other opinions.
I suppose I write not only because I would like people to actually READ the truth, but because I am worried about the future of our President. Stories are already surfacing about the rise in militia; attempts by gun and knife carrying people trying to get in to town halls; and a resurgence in neo-nazi groups and the KKK. With out of control broadcasters demeaning everything our first African-American President is attempting to do, can an attempt on his life be far behind? Will this be a return to the ugliness of the sixties - when 3 of our brightest leaders were assassinated? Let's pray it isn't.
Here are the ACTUAL excerpts from the Health Care bill (copied and pasted on Sunday, August 16, 2009), for the ugliest rumors/lies going around:
RUMOR #1. The bill would make private health insurance illegal. (Not TRUE. It protects peoples current coverage, and if you would rather stay with current coverage it is fine)Here's the applicable section, from the bill.
SEC. 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.
(a) Grandfathered Health Insurance Coverage Defined- Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term ‘grandfathered health insurance coverage’ means individual health insurance coverage that is offered and in force and effect before the first day of Y1 if the following conditions are met:
(1) LIMITATION ON NEW ENROLLMENT-
(A) IN GENERAL- Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.
(B) DEPENDENT COVERAGE PERMITTED- Subparagraph (A) shall not affect the subsequent enrollment of a dependent of an individual who is covered as of such first day.
(2) LIMITATION ON CHANGES IN TERMS OR CONDITIONS- Subject to paragraph (3) and except as required by law, the issuer does not change any of its terms or conditions, including benefits and cost-sharing, from those in effect as of the day before the first day of Y1.
(3) RESTRICTIONS ON PREMIUM INCREASES- The issuer cannot vary the percentage increase in the premium for a risk group of enrollees in specific grandfathered health insurance coverage without changing the premium for all enrollees in the same risk group at the same rate, as specified by the Commissioner.
(b) Grace Period for Current Employment-based Health Plans-
(1) GRACE PERIOD-
(A) IN GENERAL- The Commissioner shall establish a grace period whereby, for plan years beginning after the end of the 5-year period beginning with Y1, an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan under section 101, including the essential benefit package requirement under section 121.
(B) EXCEPTION FOR LIMITED BENEFITS PLANS- Subparagraph (A) shall not apply to an employment-based health plan in which the coverage consists only of one or more of the following:
(i) Any coverage described in section 3001(a)(1)(B)(ii)(IV) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(ii) Excepted benefits (as defined in section 733(c) of the Employee Retirement Income Security Act of 1974), including coverage under a specified disease or illness policy described in paragraph (3)(A) of such section.
(iii) Such other limited benefits as the Commissioner may specify.
In no case shall an employment-based health plan in which the coverage consists only of one or more of the coverage or benefits described in clauses (i) through (iii) be treated as acceptable coverage under this division
(2) TRANSITIONAL TREATMENT AS ACCEPTABLE COVERAGE- During the grace period specified in paragraph (1)(A), an employment-based health plan that is described in such paragraph shall be treated as acceptable coverage under this division.
(c) Limitation on Individual Health Insurance Coverage-
(1) IN GENERAL- Individual health insurance coverage that is not grandfathered health insurance coverage under subsection (a) may only be offered on or after the first day of Y1 as an Exchange-participating health benefits plan.
(2) SEPARATE, EXCEPTED COVERAGE PERMITTED- Excepted benefits (as defined in section 2791(c) of the Public Health Service Act) are not included within the definition of health insurance coverage. Nothing in paragraph (1) shall prevent the offering, other than through the Health Insurance Exchange, of excepted benefits so long as it is offered and priced separately from health insurance coverage.
RUMOR #2. The Health Care bill would set up government death panels (OBVIOUSLY, NOT TRUE. WHAT THIS BILL DOES IS ALLOW THIS PROGRAM TO PAY DOCTORS TO TALK TO THE PATIENT ABOUT ENd OF LIFE ISSUES. IT IS NOT MANDATORY, EITHER) As a side note less than 40% of all Americans have "advance care directives" drawn up - or have spoken to their loved ones about their wishes.HERE is the section and what it says:
SEC. 1233. ADVANCE CARE PLANNING CONSULTATION.
(a) Medicare-Comments
(1) IN GENERAL- Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)-
(i) by striking ‘and’ at the end of subparagraph (DD);
(ii) by adding ‘and’ at the end of subparagraph (EE)
(iii) by adding at the end the following new subparagraph:
‘(FF) advance care planning consultation (as defined in subsection (hhh)(1));’; and
(B) by adding at the end the following new subsection:
‘Advance Care Planning Consultation
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‘(hhh)(1) Subject to paragraphs (3) and (4), the term ‘advance care planning consultation’ means a consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning, if, subject to paragraph (3), the individual involved has not had such a consultation within the last 5 years. Such consultation shall include the following:
‘(A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to.
‘(B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses.
‘(C) An explanation by the practitioner of the role and responsibilities of a health care proxy.
‘(D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act of 1965).
‘(E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.
‘(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include
‘(I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes;
‘(II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and
‘(III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy).
‘(ii) The Secretary shall limit the requirement for explanations under clause (i) to consultations furnished in a State--
‘(I) in which all legal barriers have been addressed for enabling orders for life sustaining treatment to constitute a set of medical orders respected across all care settings; and
‘(II) that has in effect a program for orders for life sustaining treatment described in clause (iii).
‘(iii) A program for orders for life sustaining treatment for a States described in this clause is a program that--
‘(I) ensures such orders are standardized and uniquely identifiable throughout the State;
‘(II) distributes or makes accessible such orders to physicians and other health professionals that (acting within the scope of the professional’s authority under State law) may sign orders for life sustaining treatment;
‘(III) provides training for health care professionals across the continuum of care about the goals and use of orders for life sustaining treatment; and
‘(IV) is guided by a coalition of stakeholders includes representatives from emergency medical services, emergency department physicians or nurses, state long-term care association, state medical association, state surveyors, agency responsible for senior services, state department of health, state hospital association, home health association, state bar association, and state hospice association.
‘(2) A practitioner described in this paragraph is--
‘(A) a physician (as defined in subsection (r)(1)); and
‘(B) a nurse practitioner or physician’s assistant who has the authority under State law to sign orders for life sustaining treatments.
‘(3)(A) An initial preventive physical examination under subsection (WW), including any related discussion during such examination, shall not be considered an advance care planning consultation for purposes of applying the 5-year limitation under paragraph (1).
‘(B) An advance care planning consultation with respect to an individual may be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program.
‘(4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order.
‘(5)(A) For purposes of this section, the term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable medical order relating to the treatment of that individual that--
‘(i) is signed and dated by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional’s authority under State law in signing such an order, including a nurse practitioner or physician assistant) and is in a form that permits it to stay with the individual and be followed by health care professionals and providers across the continuum of care;
‘(ii) effectively communicates the individual’s preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual;
‘(iii) is uniquely identifiable and standardized within a given locality, region, or State (as identified by the Secretary); and
‘(iv) may incorporate any advance directive (as defined in section 1866(f)(3)) if executed by the individual.
‘(B) The level of treatment indicated under subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items--
‘(i) the intensity of medical intervention if the patient is pulse less, apneic, or has serious cardiac or pulmonary problems;
‘(ii) the individual’s desire regarding transfer to a hospital or remaining at the current care setting;
‘(iii) the use of antibiotics; and
‘(iv) the use of artificially administered nutrition and hydration.’.
(2) PAYMENT- Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ‘(2)(FF),’ after ‘(2)(EE),’.
(3) FREQUENCY LIMITATION- Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-
(A) in paragraph (1)--
(i) in subparagraph (N), by striking ‘and’ at the end;
(ii) in subparagraph (O) by striking the semicolon at the end and inserting ‘, and’; and
(iii) by adding at the end the following new subparagraph:
‘(P) in the case of advance care planning consultations (as defined in section 1861(hhh)(1)), which are performed more frequently than is covered under such section;’; and
(B) in paragraph (7), by striking ‘or (K)’ and inserting ‘(K), or (P)’.
(4) EFFECTIVE DATE- The amendments made by this subsection shall apply to consultations furnished on or after January 1, 2011.
(b) Expansion of Physician Quality Reporting Initiative for End of Life Care-
(1) Physician’S QUALITY REPORTING INITIATIVE- Section 1848(k)(2) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)) is amended by adding at the end the following new paragraphs:
‘(3) Physician’S QUALITY REPORTING INITIATIVE-
‘(A) IN GENERAL- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.
‘(B) PROPOSED SET OF MEASURES- The Secretary shall publish in the Federal Register proposed quality measures on end of life care and advanced care planning that the Secretary determines are described in subparagraph (A) and would be appropriate for eligible professionals to use to submit data to the Secretary. The Secretary shall provide for a period of public comment on such set of measures before finalizing such proposed measures.’.
(c) Inclusion of Information in Medicare & You Handbook-
(1) MEDICARE & YOU HANDBOOK-
(A) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall update the online version of the Medicare & You Handbook to include the following:
(i) An explanation of advance care planning and advance directives, including--
(I) living wills;
(II) durable power of attorney;
(III) orders of life-sustaining treatment; and
(IV) health care proxies.
(ii) A description of Federal and State resources available to assist individuals and their families with advance care planning and advance directives, including--
(I) available State legal service organizations to assist individuals with advance care planning, including those organizations that receive funding pursuant to the Older Americans Act of 1965 (42 U.S.C. 93001 et seq.);
(II) website links or addresses for State-specific advance directive forms; and
(III) any additional information, as determined by the Secretary.
(B) UPDATE OF PAPER AND SUBSEQUENT VERSIONS- The Secretary shall include the information described in subparagraph (A) in all paper and electronic versions of the Medicare & You Handbook that are published on or after the date that is 1 year after the date of the enactment of this Act.
RUMOR #3. The bill will give free health care to illegal immigrants (Absolutely no mention of aliens - legal or Illegal)
SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.
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(a) In General- Except as otherwise explicitly permitted by this Act and by subsequent regulations consistent with this Act, all health care and related services (including insurance coverage and public health activities) covered by this Act shall be provided without regard to personal characteristics extraneous to the provision of high quality health care or related services.
(b) Implementation- To implement the requirement set forth in subsection (a), the Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act, promulgate such regulations as are necessary or appropriate to insure that all health care and related services (including insurance coverage and public health activities) covered by this Act are provided (whether directly or through contractual, licensing, or other arrangements) without regard to personal characteristics extraneous to the provision of high quality health care or related services.
RUMOR #4. The government will have direct, real-time access to individual bank accounts (What this really allows is for an insurance card to be accessed, real-time, electronically. This is similar to what happens now when you present your insurance card at the Doctor's office, or hospital - except it will speed up the process.)
SEC. 163. ADMINISTRATIVE SIMPLIFICATION.
(a) Standardizing Electronic Administrative Transactions-
(1) IN GENERAL- Part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) is amended by inserting after section 1173 the following new section:
‘SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS.
‘(a) Standards for Financial and Administrative Transactions-
‘(1) IN GENERAL- The Secretary shall adopt and regularly update standards consistent with the goals described in paragraph (2).
‘(2) GOALS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS- The goals for standards under paragraph (1) are that such standards shall--
‘(A) be unique with no conflicting or redundant standards;
‘(B) be authoritative, permitting no additions or constraints for electronic transactions, including companion guides;
‘(C) be comprehensive, efficient and robust, requiring minimal augmentation by paper transactions or clarification by further communications;
‘(D) enable the real-time (or near real-time) determination of an individual’s financial responsibility at the point of service and, to the extent possible, prior to service, including whether the individual is eligible for a specific service with a specific physician at a specific facility, which may include utilization of a machine-readable health plan beneficiary identification card;
‘(E) enable, where feasible, near real-time adjudication of claims;
‘(F) provide for timely acknowledgment, response, and status reporting applicable to any electronic transaction deemed appropriate by the Secretary;
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‘(G) describe all data elements (such as reason and remark codes) in unambiguous terms, not permit optional fields, require that data elements be either required or conditioned upon set values in other fields, and prohibit additional conditions; and
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‘(H) harmonize all common data elements across administrative and clinical transaction standards.
‘(3) TIME FOR ADOPTION- Not later than 2 years after the date of implementation of the X12 Version 5010 transaction standards implemented under this part, the Secretary shall adopt standards under this section.
‘(4) REQUIREMENTS FOR SPECIFIC STANDARDS- The standards under this section shall be developed, adopted and enforced so as to--
‘(A) clarify, refine, complete, and expand, as needed, the standards required under section 1173;
‘(B) require paper versions of standardized transactions to comply with the same standards as to data content such that a fully compliant, equivalent electronic transaction can be populated from the data from a paper version;
‘(C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;
‘(D) require timely and transparent claim and denial management processes, including tracking, adjudication, and appeal processing;
‘(E) require the use of a standard electronic transaction with which health care providers may quickly and efficiently enroll with a health plan to conduct the other electronic transactions provided for in this part; and
‘(F) provide for other requirements relating to administrative simplification as identified by the Secretary, in consultation with stakeholders.
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‘(5) BUILDING ON EXISTING STANDARDS- In developing the standards under this section, the Secretary shall build upon existing and planned standards.
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‘(6) IMPLEMENTATION AND ENFORCEMENT- Not later than 6 months after the date of the enactment of this section, the Secretary shall submit to the appropriate committees of Congress a plan for the implementation and enforcement, by not later than 5 years after such date of enactment, of the standards under this section. Such plan shall include--
‘(A) a process and timeframe with milestones for developing the complete set of standards;
‘(B) an expedited upgrade program for continually developing and approving additions and modifications to the standards as often as annually to improve their quality and extend their functionality to meet evolving requirements in health care;
‘(C) programs to provide incentives for, and ease the burden of, implementation for certain health care providers, with special consideration given to such providers serving rural or underserved areas and ensure coordination with standards, implementation specifications, and certification criteria being adopted under the HITECH Act;
‘(D) programs to provide incentives for, and ease the burden of, health care providers who volunteer to participate in the process of setting standards for electronic transactions;
‘(E) an estimate of total funds needed to ensure timely completion of the implementation plan; and
‘(F) an enforcement process that includes timely investigation of complaints, random audits to ensure compliance, civil monetary and programmatic penalties for non-compliance consistent with existing laws and regulations, and a fair and reasonable appeals process building off of enforcement provisions under this part.
‘(b) Limitations on Use of Data- Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual.
‘(c) Protection of Data- The Secretary shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are--
‘(1) used and disclosed in a manner that meets the HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard adopted under section 3004 of such Act; and
‘(2) protected from all inappropriate internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from other inappropriate uses, as defined by the Secretary.’.
(2) DEFINITIONS- Section 1171 of such Act (42 U.S.C. 1320d) is amended--
(A) in paragraph (7), by striking ‘with reference to’ and all that follows and inserting ‘with reference to a transaction or data element of health information in section 1173 means implementation specifications, certification criteria, operating rules, messaging formats, codes, and code sets adopted or established by the Secretary for the electronic exchange and use of information’; and
(B) by adding at the end the following new paragraph:
‘(9) OPERATING RULES- The term ‘operating rules’ means business rules for using and processing transactions. Operating rules should address the following:
‘(A) Requirements for data content using available and established national standards.
‘(B) Infrastructure requirements that establish best practices for streamlining data flow to yield timely execution of transactions.
‘(C) Policies defining the transaction related rights and responsibilities for entities that are transmitting or receiving data.’.
(3) CONFORMING AMENDMENT- Section 1179(a) of such Act (42 U.S.C. 1320d-8(a)) is amended, in the matter before paragraph (1)--
(A) by inserting ‘on behalf of an individual’ after ‘1978)’; and
(B) by inserting ‘on behalf of an individual’ after ‘for a financial institution.’
(b) Standards for Claims Attachments and Coordination of Benefits -
(1) STANDARD FOR HEALTH CLAIMS ATTACHMENTS- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule to establish a standard for health claims attachment transaction described in section 1173(a)(2)(B) of the Social Security Act (42 U.S.C. 1320d-2(a)(2)(B)) and coordination of benefits.
(2) REVISION IN PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS-
(A) IN GENERAL- Section 1179 of the Social Security Act (42 U.S.C. 1320d-8) is amended, in the matter before paragraph (1)--
(i) by striking ‘or is engaged’ and inserting ‘and is engaged’; and
(ii) by inserting ‘(other than as a business associate for a covered entity)’ after ‘for a financial institution’.
(B) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to transactions occurring on or after such date (not later than 6 months after the date of the enactment of this Act) as the Secretary of Health and Human Services shall specify.
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