US Congress House Bill 3962 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 7-0)
Status: Passed on June 25 2010 - 100% progression
Action: 2010-06-25 - Became Public Law No: 111-192.
Text: Latest bill text (Enrolled) [PDF]

Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 - Title I: Health Provisions - (Sec. 101) Sets 2.2% as the update to the single conversion factor in the formula for determining physician payment rates for June 1, 2010, through November 30, 2010. (Sec. 102) Revises requirements for calculating payments to hospitals for inpatient hospital services with respect to the three-day payment window regarding other services related to an admission which are performed during the three days before an admission. Includes among such services, in addition to diagnostic services (as under current law), all services that are not diagnostic services (other than ambulance and maintenance renal dialysis services) for which Medicare payment may be made that are provided to a patient by a hospital (or an entity wholly owned or operated by the hospital). Prohibits any administrative or judicial review of the determination of whether services provided during the three days before a patient's inpatient admission are related to the admission. Prohibits the Secretary of Health and Human Services (HHS) from reopening a claim, adjusting a claim, or making a payment pursuant to any request for Medicare payment (previously bundled claims) submitted by a hospital or an entity wholly owned or operated by the hospital for specified other services related to a patient's inpatient admission for purposes of treating, as unrelated to such admission, services provided during the three days (or in the case of a hospital that is not a subsection [d] hospital, during the one day) immediately preceding the date of the patient's inpatient admission. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) (Sec. 103) Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to HHS officers and employees tax return information regarding delinquent tax debt with respect to taxpayers who apply to enroll or reenroll as Medicare service providers or suppliers. Requires the HHS Secretary to take this information into account in determining whether to deny such an application or to apply enhanced oversight to a service provider or supplier who owes such a debt. Title II: Pension Funding Relief - Subtitle A: Single Employer Plans - (Sec. 201) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to the shortfall amortization charge in the formula for determining the minimum required contribution for any plan year of a single-employer defined benefit plan in which the value of plan assets is less than the plan's funding target for the plan year. (The shortfall amortization charge for a plan for any plan year is the aggregate total of the shortfall amortization installments in amortizing unfunded liabilities for such plan year with respect to the shortfall amortization bases for the plan year and each of the six preceding plan years. Shortfall amortization installments are the amounts necessary to amortize the shortfall amortization base of the plan for any plan year in level annual installments over the seven-plan-year period beginning with such plan year.) Allows a sponsor of a single-employer defined benefit pension plan to elect in any two plan years 2008-2011 extended amortization periods (of 9 or 15 years instead of the usual 7 years). Requires an increase in alternate required shortfall amortization installments by an installment acceleration amount, during a specified restriction period (beginning after December 31, 2009), in cases of excess compensation or extraordinary dividends or stock redemptions, as determined according to specified formulae. Defines installment acceleration amount as the sum of the aggregate amount of excess employee compensation (over $1 million) for a plan year after February 28, 2010, plus the aggregate amount of extraordinary dividends and stock redemptions for such plan year. (Sec. 202) Amends the Pension Protection Act of 2006 (PPA 2006) to allow sponsors of certain eligible cooperative pension plans, Pension Benefit Guaranty Corporation (PBGC) settlement plans, and government contractor cooperative plans or eligible charity plans with delayed effective dates to elect, in certain plan years 2008-2011, to apply specified pre-PPA 2006 minimum funding rules with respect to unfunded new liabilities (under 90% funded) for either: (1) a two-year lookback for determining deficit reduction contributions for certain plans with 9-year extended amortization periods; or (2) a new applicable percentage in the determination of a 15-year extended amortization period. (Sec. 203) Revises the formula for determining the adjusted funding target attainment percentage of single-employer benefit plans for plan years between October 1, 2008, and October 1, 2010 (FY2009 and FY2010), to make a special FY2007 plan year lookback rule with respect to determining when an unpredictable contingent event benefit may not be paid. (Sec. 204) Revises requirements for the reduction of the minimum required contribution (by elected credits for a prefunding balance and a funding standard carryover balance) to a single-employer defined benefit pension plan maintained by a charity (charity benefit plan). Prescribes a special lookback for credit balance rule limiting such a reduction of the minimum required contribution for charity benefit plans that are less than 80% funded for plan years beginning after August 31, 2009, and before September 1, 2011. Subtitle B: Multiemployer Plans - (Sec. 211) Amends ERISA and IRC relating to minimum funding standards for multiemployer pension plans. Makes a special relief rule to allow such plans to elect alternative amortization plans and valuation methods for amortization of net investment losses incurred in either or both of the first two plan years ending after August 31, 2008, with a specified expanded smoothing period in asset valuation methods. Requires plan sponsors to give notice of such an election to participants and beneficiaries of the plan and the PBGC. Title III: Budgetary Provisions - (Sec. 301) Requires a determination of the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010.

Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010

Rep. Robert Andrews [D-NJ]	Rep. John Dingell [D-MI]	Rep. George Miller [D-CA]	Rep. Frank Pallone [D-NJ]
Rep. Charles Rangel [D-NY]	Rep. Fortney Stark [D-CA]	Rep. Henry Waxman [D-CA]

2010-06-24 - House - On motion that the House suspend the rules and concur in the Senate amendments (Y: 417 N: 1 NV: 0 Abs: 14) [PASS]
2009-11-07 - House - On passage (Y: 220 N: 215 NV: 0 Abs: 0) [PASS]
2009-11-07 - House - On motion to recommit with instructions (Y: 187 N: 247 NV: 0 Abs: 0) [FAIL]
2009-11-07 - House - On agreeing to the Stupak amendment (A001) H.Amdt.509 (Y: 240 N: 194 NV: 1 Abs: 0) [PASS]
2009-11-07 - House - On agreeing to the Boehner amendment (A002) H.Amdt.510 (Y: 176 N: 258 NV: 0 Abs: 0) [FAIL]

Date	Chamber	Action
2010-06-25		Became Public Law No: 111-192.
2010-06-25		Signed by President.
2010-06-24		Presented to President.
2010-06-24		Cleared for White House.
2010-06-24		Motion to reconsider laid on the table Agreed to without objection.
2010-06-24		On motion that the House suspend the rules and concur in the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 393). (text as House agreed to Senate amendments: CR H4829-4835)
2010-06-24		Considered as unfinished business. (consideration: CR H4856)
2010-06-24		At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
2010-06-24		DEBATE - The House proceeded with forty minutes of debate on H.R. 3962.
2010-06-24		Mr. Levin moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H4829-4841)
2010-06-18		Message on Senate action sent to the House.
2010-06-18		S.AMDT.4384 Amendment SA 4384 agreed to in Senate by Unanimous Consent.
2010-06-18		S.AMDT.4384 Amendment SA 4384 proposed by Senator Reid for Senator Baucus. (consideration: CR S5150)To amend the title.
2010-06-18		Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
2010-06-18		S.AMDT.4383 Amendment SA 4383 agreed to in Senate by Unanimous Consent.
2010-06-18		S.AMDT.4383 Amendment SA 4383 proposed by Senator Reid for Senator Baucus. (consideration: CR S5150)In the nature of a substitute.
2010-06-18		Measure laid before Senate by unanimous consent. (consideration: CR S5150-5151)
2009-11-16		Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 210.
2009-11-10		Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2009-11-07		Motion to reconsider laid on the table Agreed to without objection.
2009-11-07		On passage Passed by recorded vote: 220 - 215 (Roll no. 887).
2009-11-07		On motion to recommit with instructions Failed by recorded vote: 187 - 247 (Roll no. 886). (consideration: CR H12967)
2009-11-07		The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12967)
2009-11-07		DEBATE - The House proceeded with 10 minutes of debate on the Cantor motion to recommit with instructions. The instructions contained in the motion seek to insert a new title with the heading "Seniors Protection and Medicare Regional Payment Equity Fund".
2009-11-07		Mr. Cantor moved to recommit with instructions to Energy and Commerce. (consideration: CR H12963-12967; text: CR H12963-12966)
2009-11-07		On ordering the previous question Agreed to by voice vote. (consideration: CR H12963)
2009-11-07		H.AMDT.510 On agreeing to the Boehner amendment (A002) Failed by the Yeas and Nays: 176 - 258 (Roll no. 885).
2009-11-07		H.AMDT.509 On agreeing to the Stupak amendment (A001) Agreed to by the Yeas and Nays: 240 - 194, 1 Present (Roll no. 884).
2009-11-07		UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
2009-11-07		POSTPONED PROCEEDINGS - At the conclusion of debate on the Boehner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Camp (MI) demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-11-07		DEBATE - Pursuant to the provisions of H.Res. 903, the House proceeded with 1 hour of debate on the Boehner amendment in the nature of a substitute.
2009-11-07		H.AMDT.510 Amendment (A002) in the nature of a substitute offered by Mr. Boehner. (consideration: CR H12927-12962, H12962-12963; text: CR H12927-12950)Amendment in the nature of a substitute sought to create Universal Access Programs that expand and reform high-risk pools and reinsurance programs; sought to prevent insurers from unjustly canceling a policy or instituting annual or lifetime spending caps; sought to put in place medical liability reforms and give small businesses the power to pool together and offer health care at lower prices; sought to prohibit all Federal funds, whether they are authorized funds or appropriated funds, from being used to pay for abortions; and sought to create new incentives to save for future and long-term care needs by allowing qualified participants to use HSAs to pay premiums.
2009-11-07		POSTPONED PROCEEDINGS - At the conclusion of debate on the Stupak amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Stupak demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-11-07		DEBATE - Pursuant to the provisions of H.Res. 903, the House proceeded with 20 minutes of debate on the Stupak amendment.
2009-11-07		H.AMDT.509 Amendment (A001) offered by Mr. Stupak. (consideration: CR H12921-12927, H12962; text: CR H12921)Amendment codifies the Hyde Amendment in H.R. 3962; prohibits federal funds for abortion services in the public option and prohibits individuals who receive affordability credits from purchasing a plan that provides elective abortions. Amendment does allow individuals, who receive affordability credits or not, to separately purchase with their own funds, plans that cover elective abortions. Finally, the amendment clarifies that private plans may still offer elective abortions.
2009-11-07		DEBATE - The House proceeded with four hours of debate on H.R. 3962.
2009-11-07		Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
2009-11-07		Considered under the provisions of rule H. Res. 903. (consideration: CR H12623-12968; text of mesure as amended in House: CR H12623-12834)
2009-11-07		Rules Committee Resolution H. Res. 903 Reported to House. Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
2009-11-02		Referred to the Subcommittee on Health.
2009-10-29		Referred to House Judiciary
2009-10-29		Referred to House Natural Resources
2009-10-29		Referred to House Rules
2009-10-29		Referred to House Budget
2009-10-29		Referred to House Oversight and Government Reform
2009-10-29		Referred to House Ways and Means
2009-10-29		Referred to House Education and Labor
2009-10-29		Referred to House Energy and Commerce
2009-10-29		Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, Oversight and Government Reform, the Budget, Rules, Natural Resources, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

HR903 (Related) 2009-11-07 - Motion to reconsider laid on the table Agreed to without objection.
HB5636 (Related) 2010-06-29 - Referred to the House Committee on Energy and Commerce.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/3962/all-info
Text	https://www.congress.gov/111/bills/hr3962/BILLS-111hr3962ih.pdf
Text	https://www.congress.gov/111/bills/hr3962/BILLS-111hr3962eh.pdf
Text	https://www.congress.gov/111/bills/hr3962/BILLS-111hr3962pcs.pdf
Text	https://www.congress.gov/111/bills/hr3962/BILLS-111hr3962eas.pdf
Text	https://www.congress.gov/111/bills/hr3962/BILLS-111hr3962enr.pdf
Roll Call	https://clerk.house.gov/Votes/2009885
Roll Call	https://clerk.house.gov/Votes/2009884
Roll Call	https://clerk.house.gov/Votes/2009886
Roll Call	https://clerk.house.gov/Votes/2009887
Roll Call	https://clerk.house.gov/Votes/2010393