Josephine Butler United States Health Service Act

TABLE OF CONTENTS:

Title I: Establishment and Operation of the United States

Health Service

Part A: Initial Organization

Part B: Organization of Area Health Boards

Part C: General Provisions Regarding Health Boards

Title II: Delivery of Health Care and Supplemental Services

Part A: Patients' Rights in Health Care Delivery

Part B: Eligibility for, Nature of, and Scope of

Services Provided by the Service

Part C: Health Care Facilities and Delivery of Health

Care Services

Title III: Health Labor Force

Part A: Job Categories and Certification

Part B: Education of Health Workers

Part C: Employment and Labor-Management Relations

Within the Service

Title IV: Other Functions of Health Boards

Part A: Advocacy, Grievance Procedures, and

Trusteeships

Part B: Occupational Safety and Health Programs

Part C: Health and Health Care Delivery Research

Part D: Health Planning, Distribution of Drugs and

Other Medical Supplies, and Miscellaneous Functions

Title V: Financing of the Service

Part A: Health Service Taxes

Part B: Health Service Trust Fund

Part C: Preparation of Plans and Budgets

Part D: Allocation and Distribution of Funds

Part E: General Provisions

Title VI: Miscellaneous Provisions

Josephine Butler United States Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes the United States Health Service as an independent executive branch entity. Authorizes appropriations.

Part B: Organization of Area Health Boards - Sets forth procedures regarding election and appointment of interim national, interim regional, interim district, and initial and subsequent national, regional, district, and community health boards.

Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards.

Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Affords every user the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights.

Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation.

Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals in the United States eligible to receive health care and supplemental services under this Act. Requires the Service to provide specified services. Provides for Service reimbursement of emergency health services costs.

Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to maintain health care facilities as necessary for the delivery of primary, specialized, and community-oriented services.

Requires each district board to maintain a general hospital, other health care facilities, and specialized health care services.

Requires each regional board to maintain: (1) a regional medical facility for highly specialized care; and (2) services that cannot be provided by community or district boards.

Requires each area health board to hire health workers, purchase or lease necessary premises, and minimize care delivery fragmentation and duplication.

Prohibits a health board from permitting its facilities to be used for private service delivery. Prohibits health board employees from engaging in private service delivery.

Requires regular facilities inspections.

Requires area health boards to provide specified services, including abortion services.

Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees.

Requires the National Board to establish guidelines for the classification, certification, and employment of health workers. Requires that the guidelines permit alternative approaches to healing.

Requires that each regional board establish advanced specialty training certification standards.

Part B: Education of Health Workers - Requires each regional board to establish a health team school to provide initial and continuing basic care delivery education and initial and continuing advanced specialty education. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care.

Requires that enrollees agree to perform health care services as Service employees.

Requires the National Board to make educational loan payments.

Part C: Employment and Labor-Management Relations Within the Service - Requires the National Board to ensure that all individuals employed as health workers before enactment of this Act and desiring employment in the Service find appropriate employment in the Service.

Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the term "employer."

Makes the remedies provided by stated Federal laws regarding jurisdiction and tort claims exclusive of any other civil action or proceeding.

Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a health advocacy program.

Requires the National Board to establish a health rights legal services program for users and health workers.

Part B: Occupational Safety and Health Programs - Requires the National Board to oversee regional occupational safety and health programs and to participate in the establishment and administration of standards under the Occupational Safety and Health Act of 1970.

Amends that Act to substitute references to the National Health Board for references to the Secretary of Health and Human Services. Requires each: (1) community board to provide for the operation of a community occupational safety and health action council; (2) regional board to establish a regional occupational health and safety program; and (3) employer to maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, with the cost borne by the employer.

Grants employees the right to establish work place occupational safety and health committees.

Authorizes employees to monitor conditions and remove themselves from the site of any hazard without loss of pay or other job rights.

Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of health and health care delivery research.

Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. Requires the National Board to establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care.

Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires: (1) each area board to collect data on supply and demand regarding health workers and care delivery; (2) publication of a National Pharmacy and Medical Supply Formulary; and (3) each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to operate drug and medical supply manufacturing facilities.

Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to impose on individuals and corporations an additional tax of specified percentages of the normal tax and imposed by a specified section of the code.

Ends the exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities.

Repeals Internal Revenue Code provisions regarding medical and dental expenses, hospital insurance tax imposed on employment and self-employment income, and receipts for railroad employees.

Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act.

Prohibits Federal, State, or private workers' compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act.

Part B: Health Service Trust Fund - Creates the Health Service Trust Fund.

Appropriates to the Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Fund a Government contribution equal to 40 percent of the amount appropriated under the 100 percent provision.

Transfers to the Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Fund during the fiscal year.

Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit a national budget to regional boards. Declares the budget adopted on approval by a majority of the regional boards.

Sets forth similar requirements for preparation and adoption of regional and district budgets.

Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source.

Part E: General Provisions - Authorizes the National Board to borrow money, issue and sell obligations, and pledge Fund assets. Empowers the National Board to require the Secretary of the Treasury to purchase the Service's obligations, to a specified maximum.

Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances.

Authorizes the Secretary of the Treasury, for the purchase of Service obligations, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act.

Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for provisions regarding: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students in areas that have not established health team schools.

Repeals provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services.

Repeals provisions of Federal law regarding health insurance for Federal employees, medical benefits and programs regarding veterans, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).

Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction.

Repeals Federal law regarding hospitals, community hospitals, and other health facilities for Indians.

Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970.

Repeals provisions of the National Housing Act regarding mortgage insurance for nursing homes, hospitals, and group practice facilities.

Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act.

Repeals provisions of the Lead-Based Paint Poisoning Prevention Act regarding grant, demonstration, and research programs for lead-based paint poisoning prevention.

Repeals the Act of March 2, 1897, relating to tea importation. (This Act was repealed by Public Law 104-128.)

Repeals provisions of the Occupational Safety and Health Act of 1970 regarding the National Institute for Occupational Safety and Health.

Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws that are inconsistent with this Act.

Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act.