P.L. 100-628 (A) provides temporary and private sleeping accommodations, and temporary eating and cooking accommodations; and (B) provides services to help families locate and retain permanent housing. SEC. 904. [42 U.S.C. 3544] PREVENTING FRAUD AND ABUSE IN HOUSING AND URBAN DEVELOPMENT (c) ACCESS TO STATE EMPLOYMENT RECORDS. * * * (2) APPLICANT AND PARTICIPANT PROTECTIONS. (A) In order to protect applicants for, and recipients of, benefits under the programs of the Department of Housing and Urban Development from the improper use of information obtained pursuant to the requirements of section 303(i) of the Social Security Act from the State agency charged with the administration of the State unemployment compensation law, officers and employees of the Department of Housing and Urban Development and representatives of public housing agencies may only use such information (i) to verify an applicant's or participant's eligibility for or level of benefits; or (ii) in the case of an owner responsible for determining eligibility for or level of benefits, to inform such owner that an applicant's or participant's eligibility for or level of benefits is uncertain and to request such owner to verify such applicant's or participant's income information. (B) No Federal, State, or local agency, or public housing agency, or owner responsible for determining eligibility for or level of benefits receiving such information may terminate, deny, suspend, or reduce any benefits of an applicant or participant until such agency or owner has taken appropriate steps to independently verify information relating to— (i) the amount of the wages or unemployment compensation involved, (ii) whether such applicant or participant actually has (or had) access to such wages or benefits for his or her own use, and (iii) the period or periods when, or with respect to which, the applicant or participant actually received such wages or benefits. (C) Such applicant or participant shall be informed by the agency or owner of the findings made by the agency or owner on the basis of such verified information, and shall be given an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility factors under the program. (3) PENALTY.—(A) Any person who knowingly and willfully requests or obtains any information concerning an applicant or participant pursuant to the authority contained in section 303(i) of the Social Security Act under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term "person" as used in this paragraph shall include an officer or employee of the Department of Housing and Urban Development, an officer or employee of any public housing agency, and any owner responsible for determining eligibility for or level of benefits (or employee thereof). (B) Any applicant or participant affected by (i) a negligent or knowing disclosure of information referred to in this section or in section 303(i) of the Social Security Act about such person by an officer or employee of any public housing agency or owner (or employee thereof), which disclosure is not authorized by this section, such section 303(i), or any regulation implementing this section or such section 303(i), or (ii) any other negligent or knowing action that is inconsistent with this section, such section 303(i), or any such implementing regulation may bring a civil action for damages and such other relief as may be appro P.L. 100-628 priate against any officer or employee of any public housing agency or owner (or employee thereof) responsible for any such unauthorized action. The district court of the United States in the district in which the affected applicant or participant resides, in which such unauthorized action occurred, or in which the applicant or participant alleged to be responsible for any such unauthorized action resides, shall have jurisdiction in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney's fees and other litigation costs. [Internal Reference.-S.S. Act title III catchline has a footnote referring to P.L. 100-628.] P.L. 100-647, Approved November 10, 1988 (102 Stat. 3342) Technical and Miscellaneous Revenue Act of 1988 ** SEC. 8411. [42 U.S.C. 1395b-1 note] TREATMENT OF CERTAIN NURSING EDUCATION PROGRAMS. (a) DEMONSTRATION OF JOINT NURSING GRADUATE EDUCATION PROGRAMS.— (1) The Secretary of Health and Human Services shall provide for demonstration programs under this subsection in each of 5 hospitals for cost reporting periods beginning on or after July 1, 1989, and before July 1, 1994. (2) Under each demonstration project, subject to paragraph (4), the reasonable costs incurred by a hospital pursuant to a written agreement with an educational institution for the activities described in paragraph (3) conducted as part of an approved educational program that— (A) involves a substantial clinical component (as determined by the Secretary), and (B) leads to a master's or doctoral degree in nursing, shall be allowable as reasonable costs under title XVIII of the Social Security Act and reimbursed under such title on the same basis as if they were allowable direct costs of a hospital-operated approved educational program (other than an approved graduate medical education program). (3) The activities described in this paragraph are the activities for which the reasonable costs of conducting such activities are allowable under title XVIII of the Social Security Act if conducted under a hospital-operated approved educational program (other than an approved graduate medical education program), but only to the extent such activities are directly related to the operation of the educational program conducted pursuant to the written agreement between the hospital and the educational institution. (4) The amount paid under a demonstration program under this subsection to a hospital for a cost reporting period may not exceed $200,000. (5) The Secretary shall report to Congress, by not later than January 1, 1995, on the demonstration programs conducted under this subsection and on the supply and characteristics of nurses trained under such programs. (b) JOINT UNDERGRADUATE EDUCATION PROGRAM.-In the case of a hospital which (1) was paid under a waiver under section 402 of the Social Security Amendments of 1967 and section 222 of the Social Security Amendments of 1972, which waiver expired on September 30, 1985, and (2) during its cost reporting period beginning in fiscal year 1985 and for each subsequent cost reporting period, has been and is associated with, and has incurred and incurs substantial costs with respect to, a nursing college with which it has shared and shares common directors, educational activities of the nursing college shall be considered to be educational activities operated directly by such hospital for purposes of title XVIII of the Social Security Act, P.L. 100-690 and shall be allowable as reasonable costs under such title and reimbursed under such title on the same basis as if they were allowable direct costs of a hospital-operated approved educational program (other than an approved graduate medical education program), for hospital cost reporting periods beginning in fiscal years 1986 through 1991. SEC. 8421. TRIP FEES FOR CLINICAL LABORATORIES. * * (b) [42 U.S.C. 13951 note] BUDGET NEUTRALITY.-The Secretary of Health and Human Services shall adjust the fees for transportation and personnel established under section 1833(h)(3)(B) of the Social Security Act for tests not covered under the amendment made by subsection (a) in such manner that the total cost of fees under such section is the same as would have been the case without such amendment. (c) [None assigned] STUDY.-The Secretary of Health and Human Services shall study reimbursement for specimen collection and transportation and personnel costs under section 1833(h)(3) of the Social Security Act and shall report to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate by May 1, 1989. The study shall (1) survey carrier policies regarding such reimbursement, (2) report on concerns expressed by clinical diagnostic laboratories concerning such reimbursement, and (3) make recommendations to assure that such reimbursement is reasonable, covers the costs involved, and assures adequate access to clinical laboratory services for nursing facility residents. * SEC. 8427. [42 U.S.C. 1395x note] PAYMENT FOR MEDICAL ESCORT OR MEDICAL ATTENDANT ON COMMERCIAL AIRLINER ALLOWED. (a) IN GENERAL.-The Secretary of Health and Human Services shall provide that in cases where (as of the date of the enactment of this Act) transportation on a commercial airliner is covered under section 1861(s)(7) of the Social Security Act, the Secretary shall also provide for payment for medically necessary services of a medical escort or medical attendant. (b) EFFECTIVE PERIOD.-Subsection (a) shall apply to payment for services furnished during the 5-year period beginning on July 1, 1989. [Internal References.-S.S. Act title XVIII catchline has a footnote referring to P.L. 100-647] P.L. 100-690, Approved November 18, 1988 (102 Stat. 4181) P.L. 100-690 SEC. 2306. [42 U.S.C. 11707] ADMINISTRATION OF GRANTS AND CONTRACTS. * (c) ADMINISTRATIVE REQUIREMENTS.-The Secretary may not make a grant or enter into a contract under this subtitle with an entity unless the entity (4) with respect to health services that are covered in the plan of the State of Hawaii approved under title XIX of the Social Security Act— (A) if the entity will provide under the grant or contract any such health services directly (i) the entity has entered into a participation agreement under such plan; and (ii) the entity is qualified to receive payments under such plan; and (B) if the entity will provide under the grant or contract any such health services through a contract with an organization (i) the organization has entered into a participation agreement under such plan; and (ii) the organization is qualified to receive payments under such plan; and Subtitle G-Denial of Federal Benefits to Drug Traffickers and Possessors. SEC. 5301. [21 U.S.C. 853a] DENIAL OF FEDERAL BENEFITS TO DRUG TRAFFICKERS AND POSSESSORS. (a) DRUG TRAFFICKERS.—(1) Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances (as such terms are defined for purposes of the Controlled Substances Act) shall (C) upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits. (d) DEFINITIONS.-As used in this section (1) the term "Federal benefit" (B) does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility; and * [Internal References.-S.S.Act titles II, IV, XVI (SSI), XVIII and XIX catchlines have footnotes referring to P.L. 100-690.] P.L. 101-41 P.L. 100-713, Approved November 23, 1988 (102 Stat. 4784) Indian Health Care Amendments of 1988 * * SEC. 712 [None assigned] PROVISION OF SERVICES IN MONTANA (a) The Secretary of Health and Human Services, acting through the Indian Health Service, shall provide services and benefits for Indians in Montana in a manner consistent with the decision of the United States Court of Appeals for the Ninth Circuit in McNabb for McNabb v. Bowen, 829 F.2d 787 (9th Cir. 1987). (b) The provisions of subsection (a) shall not be construed to be an expression of the sense of the Congress on the application of the decision described in subsection (a) with respect to the provision of services or benefits for Indians living in any State other than Montana. [Internal References.-S.S. Act title XVIII catchline has a footnote referring to P.L. 100-713.] (b) ELIGIBILITY FOR FEDERAL PROGRAMS; TRUST RESPONSIBILITY.-Nothing in this Act or the Settlement Agreement shall affect the eligibility of the Tribe or any of its members for any Federal program or the trust responsibility of the United States and its agencies to the Tribe and members of the Tribe. (c) PERMANENT TRUST FUND NOT COUNTED FOR CERTAIN PURPOSES.-None of the funds, assets, or income from the trust fund established in section 6(b) shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any Federal, State, or local program. (d) TAX TREATMENT OF FUNDS AND ASSETS.-None of the funds or assets transferred to the Tribe or its members by the Settlement Agreement of this Act, and none of the interest earned or income received on amounts in the funds established under section 6(a) and (b), shall be deemed to be taxable, nor shall such transfers be taxable events. [Internal References.-S.S. Act §§1612(b) and 1613(a) catchlines and §§2(a), and 1402(a) have footnotes referring to P.L. 101-41.] |