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Health Security Act
Title X
TITLE X_COORDINATION OF MEDICAL PORTION OF WORKERS COMPENSATION
AND AUTOMOBILE INSURANCE
table of contents of title
Subtitle A_Workers Compensation Insurance
Sec._10000._Definitions.
Part 1_Health Plan Requirements Relating to Workers Compensation
Sec._10001._Provision of workers compensation services.
Sec._10002._Payment by workers compensation carrier.
Part 2_Requirements of Participating States
Sec._10011._Coordination of specialized workers compensation
providers.
Sec._10012._Preemption of State laws restricting delivery of
workers compensation medical benefits.
Sec._10013._Development of supplemental schedule.
Sec._10014._Construction.
Part 3_Application of Information Requirements; Report on Premium
Reductions
Sec._10021._Application of information requirements.
Sec._10022._Report on reduction in workers compensation premiums.
Part 4_Demonstration Projects
Sec._10031._Authorization.
Sec._10032._Development of work-related protocols.
Sec._10033._Development of capitation payment models.
Subtitle B_Automobile Insurance
Sec._10100._Definitions.
Part 1_Health Plan Requirements Relating to Automobile Insurance
Sec._10101._Provision of automobile insurance medical benefits
through health plans.
Sec._10102._Payment by automobile insurance carrier.
Part 2_Requirement of Participating States
Sec._10111._Development of supplemental schedule.
Sec._10112._Construction.
Part 3_Application of Information Requirements.
Sec._10121._Application of information requirements.
Subtitle C_COMMISSION ON INTEGRATION OF HEALTH BENEFITS
Sec._10201._Commission.
Subtitle D_Federal Employees' Compensation Act
Sec._10301._Application of policy.
Subtitle E_Davis-Bacon Act and Service Contract Act
Sec._10401._Coverage of benefits under Health Security Act.
Subtitle F_Effective Dates
Sec._10501._Regional alliances.
Sec._10502._Corporate alliances.
Sec._10503._Federal requirements.
Title X, Subtitle A
Subtitle A_Workers Compensation Insurance
SEC. 10000. DEFINITIONS.
__In this subtitle:
__(1) Injured worker._The term ``injured worker'' means, with
respect to a health plan, an individual enrolled under the plan
who has a work-related injury or illness for which workers
compensation medical benefits are available under State law.
__(2) Specialized workers compensation provider._The term
``specialized workers compensation provider'' means a health care
provider that specializes in the provision of treatment relating
to work-related injuries or illness, and includes specialists in
industrial medicine, specialists in occupational therapy, and
centers of excellence in industrial medicine and occupational
therapy.
__(3) Workers compensation medical benefits._The term ``workers
compensation medical benefits'' means, with respect to an
enrollee who is an employee subject to the workers compensation
laws of a State, the comprehensive medical benefits for
work-related injuries and illnesses provided for under such laws
with respect to such an employee.
__(4) Workers compensation carrier._The term ``workers
compensation carrier'' means an insurance company that
underwrites workers compensation medical benefits with respect to
one or more employers and includes an employer or fund that is
financially at risk for the provision of workers compensation
medical benefits.
__(5) Workers compensation services._The term ``workers
compensation services'' means items and services included in
workers compensation medical benefits and includes items and
services (including rehabilitation services and long-term care
services) commonly used for treatment of work-related injuries
and illnesses.
PART 1_HEALTH PLAN REQUIREMENTS RELATING TO WORKERS COMPENSATION
SEC. 10001. PROVISION OF WORKERS COMPENSATION SERVICES.
__(a) Provision of Benefits._Subject to subsection (b)_
__(1) Requirement for certain health plans._
__(A) In general._Each health plan that provides services to
enrollees through participating providers shall enter into such
contracts and arrangements as are necessary (in accordance with
subparagraph (B)) to provide or arrange for the provision of
workers compensation services to such enrollees, in return for
payment from the workers compensation carrier under section
10002.
__(B) Provision of services._For purposes of this paragraph, a
health plan provides (or arranges for the provision of) workers
compensation services with respect to an enrollee if the services
are provided by_
__(i) a participating provider in the plan,
__(ii) any other provider with whom the plan has entered into an
agreement for the provision of such services, or
__(iii) a specialized workers compensation provider (designated
by the State under 10011), whether or not the provider is a
provider described in clause (i) or (ii).
__(2) Individual requirement._An individual entitled to workers
compensation medical benefits and enrolled in a health plan
(whether or not the plan is described in paragraph (1)(A)) shall
receive workers compensation services through the provision (or
arrangement for the provision) of such services by the health
plan.
__(3) Exceptions._
__(A) Emergency services._Paragraphs (1) and (2) shall not apply
in the case of emergency services.
__(B) Electing veterans, military personnel, indians, and
prisoners._Paragraphs (1) and (2) shall not apply in the case of
an individual described in section 1004(b) and making an election
described in such section.
__(4) Use of specialized workers compensation providers._If a
participating State has designated under section 10011
specialized workers compensation providers with respect to one or
more types of injuries or illnesses for a geographic area, either
a health plan or an injured worker who has an injury or illness
of such type may elect to provide or receive the benefits under
this subsection through such a provider.
__(b) Alternative Permitted._Subsection (a) shall not be
construed as preventing an injured worker and a workers
compensation carrier from agreeing that workers compensation
services shall be provided other than by or through the health
plan in which the worker is enrolled.
__(c) Coordination._
__(1) Designation of case manager._Each health plan shall employ
or contract with one or more individuals, such as occupational
nurses, with experience in the treatment of occupational illness
and injury to provide case management services with respect to
workers compensation services provided through the plan under
this section.
__(2) Functions of case manager._The health plan (through the
case manager described in paragraph (1)) is responsible for
ensuring that_
__(A) there is plan of treatment (when appropriate) for each
enrollee who is an injured worker designed to assure appropriate
treatment and facilitate return to work;
__(B) the plan of treatment is coordinated with the workers
compensation carrier, the employer, or both;
__(C) the health plan (and its providers) comply with legal
duties and requirements under State workers compensation law; and
__(D) if the health plan is unable to provide a workers
compensation service needed to treat a work-related injury or
illness, that the injured worker is referred (in consultation
with the workers compensation carrier) to an appropriate
provider.
SEC. 10002. PAYMENT BY WORKERS COMPENSATION CARRIER.
__(a) Payment._
__(1) In general._Except as provided in subsection (b), each
workers compensation carrier that is liable for payment for
workers compensation services furnished by or through a health
plan, regardless of whether or not the services are included in
the comprehensive benefit package, shall make payment for such
services.
__(2) Use of regional alliance fee schedule._Such payment shall
be made in accordance with the applicable fee schedule
established under section 1322(c) or section 10013.
__(b) Alternative Payment Methodologies._Subsection (a) shall not
apply_
__(1) in the case of a regional alliance or participating State
that establishes an alternative payment methodology (such as
payment on a negotiated fee for each case) for payment for
workers compensation services; or
__(2) in the case in which a workers compensation carrier and the
health plan negotiate alternative payment arrangements.
__(c) Limitation of Liability of Injured Worker._Nothing in this
subpart shall be construed as requiring an injured worker to make
any payment (including payment of any cost sharing or any amount
in excess of the applicable fee schedule) to any health plan or
health care provider for the receipt of workers compensation
services.
PART 2_REQUIREMENTS OF PARTICIPATING STATES
SEC. 10011. COORDINATION OF SPECIALIZED WORKERS COMPENSATION
PROVIDERS.
__(a) In General._Each participating State shall coordinate
access to specialized workers compensation providers on behalf of
health plans, providing coverage to individuals residing in the
State, under part 1.
__(b) Optional Designation of Specialized Workers Compensation
Providers._A participating State may designate such specialized
workers compensation providers, as the State determines to be
appropriate, to provide under part 1 workers compensation
services that_
__(1) are not included in the comprehensive benefit package, or
__(2) are so included but are specialized services that are
typically provided (as determined by the State) by specialists in
occupational or rehabilitative medicine.
Injured workers and health plans may elect to use such providers
under section 10001(a)(4).
SEC. 10012. PREEMPTION OF STATE LAWS RESTRICTING DELIVERY OF
WORKERS COMPENSATION MEDICAL BENEFITS.
__(a) In General._Subject to section 10011(b), no State law shall
have any effect that restricts the choice, or payment, of
providers that may provide workers compensation services for
individuals enrolled in a health plan.
__(b) Dispute Resolution._A State law may provide for a method
for resolving disputes among parties related to_
__(1) an individual's entitlement to workers compensation medical
benefits under State law,
__(2) the necessity and appropriateness of workers compensation
services provided to an injured worker, and
__(3) subject to section 10002, the reasonableness of charges or
fees charged for workers compensation services.
SEC. 10013. DEVELOPMENT OF SUPPLEMENTAL SCHEDULE.
__Each participating State shall develop a fee schedule
applicable to payment for workers compensation services for which
a fee is not included in the applicable fee schedule established
under section 1322(c).
SEC. 10014. CONSTRUCTION.
__(a) In General._Nothing in this subtitle shall be construed as
altering_
__(1) the effect of a State workers compensation law as the
exclusive remedy for work-related injuries or illnesses,
__(2) the determination of whether or not a person is an injured
worker and entitled to workers compensation medical benefits
under State law,
__(3) the scope of items and services available to injured
workers entitled to workers compensation medical benefits under
State law, or
__(4) the eligibility of any individual or class of individuals
for workers compensation medical benefits under State law.
__(b) Early Integration._Nothing in this subtitle shall prevent a
State from integrating or otherwise coordinating the payment for
workers compensation medical benefits with payment for benefits
under health insurance or health benefit plans before the date
the Commission submits its report under section 10201(e).
PART 3_APPLICATION OF INFORMATION REQUIREMENTS; REPORT ON PREMIUM
REDUCTIONS
SEC. 10021. APPLICATION OF INFORMATION REQUIREMENTS.
__(a) In General._The provisions of_
__(1) part 3 of subtitle B of title V (relating to use of
standard forms), and
__(2) section 5101(e)(9) (relating to provision of data on
quality),
apply to the provision of workers compensation services in the
same manner as such provisions apply with respect to the
provision of services included in the comprehensive benefit
package.
__(b) Rules._The Secretary of Labor shall promulgate rules to
clarify the responsibilities of health plans and workers
compensation carriers in carrying out the provisions referred to
in subsection (a).
SEC. 10022. REPORT ON REDUCTION IN WORKERS COMPENSATION PREMIUMS.
__(a) Study and Report._
__(1) Study._The Secretary of Labor shall provide for a study of
the impact of the provisions of this subtitle on the premium
rates charged to employers for workers compensation insurance.
Such study shall use information supplied by States relating to
workers compensation premiums and such other information as such
Secretary finds appropriate.
__(2) Report._Such Secretary shall submit to the Congress, by not
later than 2 years after the date that this subtitle applies in
all States, a report on the findings of the study.
__(b) Workers Compensation Carrier Filings._
__(1) In general._Within six months after the date this subtitle
is effective in a participating State, each workers compensation
carrier (other than a self-funded employer) providing workers
compensation insurance in the State shall make a filing with an
agency designated by the State. Such filing shall describe the
manner in which such carrier has modified (or intends to modify)
its premium rates for workers compensation insurance provided in
the State to reflect the changes brought about by the provisions
in this subtitle. The filing shall include such actuarial
projections and assumptions as necessary to support the
modifications of such rates.
__(2) Report to secretary._Each participating State shall provide
to the Secretary of Labor such information on filings made under
paragraph (1) as such Secretary may specify.
PART 4_DEMONSTRATION PROJECTS
SEC. 10031. AUTHORIZATION.
__The Secretary of Health and Human Services and the Secretary of
Labor are authorized to conduct demonstration projects under this
part in one or more States with respect to treatment of
work-related injuries and illnesses.
SEC. 10032. DEVELOPMENT OF WORK-RELATED PROTOCOLS.
__(a) In General._Under this part, the Secretaries, in
consultation with States and such experts on work-related
injuries and illnesses as the Secretaries find appropriate, shall
develop protocols for the appropriate treatment of work-related
conditions.
__(b) Testing of Protocols._The Secretaries shall enter into
contracts with one or more health alliances to test the validity
of the protocols developed under subsection (a).
SEC. 10033. DEVELOPMENT OF CAPITATION PAYMENT MODELS.
__Under this part, the Secretaries shall develop, using protocols
developed under section 10032 if possible, methods of providing
for payment by workers compensation carriers to health plans on a
per case, capitated payment for the treatment of specified
work-related injuries and illnesses.
Title X, Subtitle B
Subtitle B_Automobile Insurance
SEC. 10100. DEFINITIONS.
__In this subtitle:
__(1) Injured individual._The term ``injured individual'' means,
with respect to a health plan, an individual enrolled under the
plan who has an injury or illness sustained in an automobile
accident for which automobile insurance medical benefits are
available.
__(2) Automobile insurance medical benefits._The term
``automobile insurance medical benefits'' means, with respect to
an enrollee, the comprehensive medical benefits for injuries or
illnesses sustained in automobile accidents.
__(3) Automobile insurance carrier._The term ``automobile
insurance carrier'' means an insurance company that underwrites
automobile insurance medical benefits and includes an employer or
fund that is financially at risk for the provision of automobile
insurance medical benefits.
__(4) Automobile insurance medical services._The term
``automobile insurance medical services'' means items and
services included in automobile insurance medical benefits and
includes items and services (such as rehabilitation services and
long-term care services) commonly used for treatment of injuries
and illnesses sustained in automobile accidents.
PART 1_HEALTH PLAN REQUIREMENTS RELATING TO AUTOMOBILE INSURANCE
SEC. 10101. PROVISION OF AUTOMOBILE INSURANCE MEDICAL BENEFITS
THROUGH HEALTH PLANS.
__(a) In General._An individual entitled to automobile insurance
medical benefits and enrolled in a health plan shall receive
automobile insurance medical services through the provision (or
arrangement for the provision) of such services by the health
plan.
__(b) Referral for Specialized Services._Each health plan shall
provide for such referral for automobile insurance medical
services as may be necessary to assure appropriate treatment of
injured individuals.
__(c) Exceptions._Subsections (a) and (b) shall not apply in the
case of an individual described in section 1004(b) and making an
election described in such section.
__(d) Alternative Permitted._Subsection (a) shall not be
construed as preventing an injured individual and an automobile
insurance carrier from agreeing that automobile insurance medical
services shall be provided other than by or through the health
plan in which the individual is enrolled.
SEC. 10102. PAYMENT BY AUTOMOBILE INSURANCE CARRIER.
__(a) Payment._
__(1) In general._Except as provided in subsection (b), each
automobile insurance carrier that is liable for payment for
automobile insurance medical services furnished by or through a
health plan, regardless of whether or not the services are
included in the comprehensive benefit package, shall make payment
for such services.
__(2) Use of regional alliance fee schedule._Such payment shall
be made in accordance with the applicable fee schedule
established under section 1322(c) or section 10111.
__(b) Alternative Payment Methodologies._Subsection (a) shall not
apply_
__(1) in the case of a regional alliance or participating State
that establishes an alternative payment methodology (such as
payment on a negotiated fee for each case) for payment for
automobile insurance medical services; or
__(2) in the case in which a automobile insurance carrier and the
health plan negotiate alternative payment arrangements.
__(c) Limitation of Liability of Injured Individual._Nothing in
this part shall be construed as requiring an injured individual
to make any payment (including payment of any cost sharing or any
amount in excess of the applicable fee schedule) to any health
plan or health care provider for the receipt of automobile
insurance medical services.
PART 2_REQUIREMENT OF PARTICIPATING STATES
SEC. 10111. DEVELOPMENT OF SUPPLEMENTAL SCHEDULE.
__Each participating State shall develop a fee schedule
applicable to payment for automobile insurance medical services
for which a fee is not included in the applicable fee schedule
established under section 1322(c).
SEC. 10112. CONSTRUCTION.
__Nothing in this subtitle shall be construed as altering_
__(1) the determination of whether or not a person is an injured
individual and entitled to automobile insurance medical benefits
under State law, or
__(2) the scope of items and services available to injured
individuals entitled to automobile insurance medical benefits
under State law.
PART 3_APPLICATION OF INFORMATION REQUIREMENTS.
SEC. 10121. APPLICATION OF INFORMATION REQUIREMENTS.
__(a) In General._The provisions of_
__(1) part 3 of subtitle B of title V (relating to use of
standard forms), and
__(2) section 5101(e)(9) (relating to provision of data on
quality),
apply to the provision of automobile insurance medical services
in the same manner as such provisions apply with respect to the
provision of services included in the comprehensive benefit
package.
__(b) Rules._The Secretary of Labor shall promulgate rules to
clarify the responsibilities of health plans and automobile
insurance carriers in carrying out the provisions referred to in
subsection (a).
Title X, Subtitle C
Subtitle C_COMMISSION ON INTEGRATION OF HEALTH BENEFITS
SEC. 10201. COMMISSION.
__(a) Establishment._There is hereby created a Commission on
Integration of Health Benefits (in this section referred to as
the ``Commission'').
__(b) Composition._
__(1) In general._The Commission shall consist of 15 members
appointed jointly by the Secretaries of Health and Human Services
and the Secretary of Labor.
__(2) No compensation except travel expenses._Members of the
Commission shall serve without compensation, but the Secretaries
shall provide that 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.
__(c) Duties._The Commission shall study the feasibility and
appropriateness of transferring financial responsibility for all
medical benefits (including those currently covered under workers
compensation and automobile insurance) to health plans.
__(d) Staff Support._The Secretaries shall provide staff support
for the Commission.
__(e) Report._The Commission shall submit a report to the
President by not later than July 1, 1995. If such report
recommends the integration of financial responsibility for all
medical benefits in health plans, such report shall provide for a
detailed plan as to how (and when) such an integration should be
effected under this Act.
__(f) Termination._The Commission shall terminate 90 days after
the date of submission of its report under subsection (e).
__(g) Authorization of Appropriations._There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
Title X, Subtitle D
Subtitle D_Federal Employees' Compensation Act
SEC. 10301. APPLICATION OF POLICY.
__(a) In General._Chapter 81 of title 5, United States Code,
known as the Federal Employees' Compensation Act shall be
interpreted and administered consistent with the provisions of
subtitle A.
__(b) Construction._In applying subsection (a), subtitle A shall
be applied as if the following modifications had been made in
subtitle A:
__(1) Any reference in section 10000, section 10001(c)(2)(C),
section 10012(b), or section 10014 to a State law is deemed to
include a reference to chapter 81 of title 5, United States Code.
__(2) The term ``workers compensation carrier'' includes the
Employees Compensation Fund (established under section 8147 of
title 5, United States Code).
Title X, Subtitle E
Subtitle E_Davis-Bacon Act and Service Contract Act
SEC. 10401. COVERAGE OF BENEFITS UNDER HEALTH SECURITY ACT.
__(a) Davis-Bacon Act._Section 1(b)(2) of the Davis Bacon Act (40
U.S.C. 276a(b)(2)) is amended in the matter following
subparagraph (B) by inserting after ``local law'' the following:
``(other than benefits provided pursuant to the Health Security
Act)''.
__(b) Service Contract Act of 1965._The second sentence of
section 2(a)(2) of the Service Contract Act of 1965 (41 U.S.C.
351(a)(2)) is amended by inserting after ``local law'' the
following: ``(other than benefits provided pursuant to the Health
Security Act)''.
Title X, Subtitle F
Subtitle F_Effective Dates
SEC. 10501. REGIONAL ALLIANCES.
__The provisions of subtitles A and B of this title apply to
regional alliances, and regional alliance health plans, in a
State 2 years after the State's first year (as defined in section
1902(17)).
SEC. 10502. CORPORATE ALLIANCES.
__The provisions of subtitles A and B of this title apply to
corporate alliances, and corporate alliance health plans, on
January 1, 1998.
SEC. 10503. FEDERAL REQUIREMENTS.
__The provisions of subtitle D of this title shall take effect on
January 1, 1998.