Recent CRS Reports on Medical Issues

Recent CRS Reports on Medical Issues include the following:

• PUBLIC HEALTH SERVICE ACT PROVISIONS PROVIDING IMMUNITY FROM MEDICAL MALPRACTICE LIABILITY
• THE PRIVATE TESTING OF MAD COW DISEASE: LEGAL ISSUES 
• MEDICAL MALPRACTICE: THE ROLE OF PATIENT SAFETY INITIATIVES
• MEDICARE PRESCRIPTION DRUG BENEFIT: LOW-INCOME PROVISIONS
• INDIAN HEALTH SERVICE: HEALTH CARE DELIVERY, STATUS, FUNDING, AND LEGISLATIVE ISSUES
• U.S. INTERNATIONAL HIV/AIDS, TUBERCULOSIS, AND MALARIA SPENDING: FY2004-FY2007
• MEDICARE: ENROLLMENT IN MEDICARE DRUG PLANS
• AIDS: THE RYAN WHITE CARE ACT

PUBLIC HEALTH SERVICE ACT PROVISIONS PROVIDING IMMUNITY FROM MEDICAL MALPRACTICE LIABILITY   
CRS Publication Date:  06/14/2006
Document No.:  RS20984
Author(s):  Henry Cohen, American Law Division

Abstract:  A 1992 and a 1996 amendment to the Public Health Service Act provide that certain entities and health care practitioners shall be deemed federal employees for purposes of medical malpractice liability. This means that they are immune from such liability, but that the United States may be liable under the Federal Tort Claims Act for their medical malpractice. The 1996 amendment took effect only on September 24, 2004.

THE PRIVATE TESTING OF MAD COW DISEASE: LEGAL ISSUES   
CRS Publication Date:  06/16/2006
Document No.:  RL32414
Author(s):  Stephen R. Vina, American Law Division

Abstract:  This report analyzes the legal authority of the USDAs Animal and Plant Health Protection Service to regulate all testing for BSE, particularly the voluntary testing of 100% of a private companys animals with rapid test kits. This analysis also discusses the USDAs recent rejection of Creekstones application to test all of the cattle it processes for BSE.

MEDICAL MALPRACTICE: THE ROLE OF PATIENT SAFETY INITIATIVES   
CRS Publication Date:  06/15/2006
Document No.:  RL32092
Author(s):  Bernadette Fernandez and Amanda Kay Sarata, Domestic Social Policy Division

Abstract:  The impact of patient safety initiatives continues to be an open question. Individual initiatives have resulted in promising outcomes, but the overall impact of these efforts has been mixed. This is, in large part, because implementation has not been as pervasive as initial intentions suggested, and also because not enough research has been done to identify, enumerate, and assess patient safety efforts.

MEDICARE PRESCRIPTION DRUG BENEFIT: LOW-INCOME PROVISIONS   
CRS Publication Date:  06/01/2006
Document No.:  RL32902
Author(s):  Jennifer O'Sullivan, Domestic Social Policy Division

Abstract:  MMA provisions are complex and observers have raised a number of questions about how the benefit will actually be implemented. Major issues for the low-income population include identification of those eligible for subsidies, assisting them in selecting and enrolling in a Part D plan, timely enrollment, and access of enrollees to needed therapies. The MMA low-income provisions also raise administrative and financial concerns for state Medicaid programs. This report provides background information on the MMA provisions and related issues.

INDIAN HEALTH SERVICE: HEALTH CARE DELIVERY, STATUS, FUNDING, AND LEGISLATIVE ISSUES 
CRS Publication Date:  06/05/2006
Document No.:  RL33022
Author(s):  Donna U. Vogt and Roger Walke, Domestic Social Policy Division

Abstract:  This report provides an overview of the Indian Health Service and how it provides for the health care problems and needs of AI/AN. It also shows IHS appropriations for recent years and discusses its current statutory authorities and legislative issues, including the reauthorization of the Indian Health Care Improvement Act (IHCIA) and several other policy issues.

U.S. INTERNATIONAL HIV/AIDS, TUBERCULOSIS, AND MALARIA SPENDING: FY2004-FY2007 
CRS Publication Date:  06/19/2006
Document No.:  RL33485
Author(s):  Tiaji Salaam-Blyther, Foreign Affairs, Defense, and Trade Division

Abstract:  On January 28, 2003, during his State of the Union Address, President George Bush proposed that the United States spend $15 billion over five years to combat HIV/AIDS through the President's Emergency Plan for AIDS Relief (PEPFAR). The initiative focuses on 15 countries in Africa, Asia, Latin America, and the Caribbean. The plan anticipated spending $10 billion of the $15 billion on the 15 focus countries, $4 billion on 108 non-focus countries and international HIV/AIDS research, and $1 billion on contributions to the Global Fund to Fight AIDS, Tuberculosis, and Malaria. Between FY2004 and FY2008, the initiative was to support care for 10 million people living with AIDS, including children orphaned by AIDS; prevent 7 million new HIV infections; and support efforts to provide antiretroviral medication (ARV) to 2 million HIV-infected people.

MEDICARE: ENROLLMENT IN MEDICARE DRUG PLANS   
CRS Publication Date:  06/05/2006
Document No.:  RL33136
Author(s):  Jennifer O'Sullivan, Domestic Social Policy Division

Abstract:  The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) established a new voluntary outpatient prescription drug benefit under a new Medicare Part D. The new benefit was effective January 1, 2006. Prescription drug coverage is provided through private prescription drug plans (PDPs) or Medicare Advantage prescription drug (MA-PD) plans. At a minimum, these plans offer "standard coverage" or alternative coverage with actuarially equivalent benefits. Beneficiaries are required to enroll in one of these private plans in order to obtain coverage. Persons who fail to enroll during their initial enrollment period will be subject to a penalty if they decide to enroll in the program at a later date. However, they will not be subject to the penalty if they have maintained "creditable" drug coverage through another source. One source of possible creditable coverage is retiree health coverage offered by a former employer or union. Special enrollment provisions apply to some low-income persons.

AIDS: THE RYAN WHITE CARE ACT   
CRS Publication Date:  06/07/2006
Document No.:  RL33279
Author(s):  Judith A. Johnson and Paulette C. Morgan, Domestic Social Policy Division

Abstract:  In July 2005, the Bush Administration released its reauthorization principles and an outline of proposed changes to CARE Act programs. Legislation reauthorizing the Ryan White CARE Act has been introduced in the 109th Congress. S. 2823, S. 2339, and a companion bill, H.R. 5009, would implement several of the Administration's reauthorization principles. CARE Act programs received $2.038 billion in FY2006; the request for FY2007 is $2.133 billion, a $95 million increase - $70 million for state grants under Title II and $25 million for Title III grants.

CRS Reports can be obtained from www.GalleryWatch.com. Individual reports are available from www.pennyhill.com. [RJ]