Tag Archives: 1555

And a few addemdums, ipso facto…

The last few sections in this part are entitled “Miscellaneous Provisions”, and boy are they that.

Section 1551 says that the Public Health Service Act definitions are the default, unless otherwise stated.

Section 1552 says that there is a website somewhere that says all of this information.

Section 1553 says that no Federal entity can discriminate against an institution that refuses to provide assisted suicide. I wasn’t aware that they would, but there you go.

Section 1554 limits unknown, unstated regulations on the part of the Secretary of Health and Human Services that might limit access to medical care, timely medical care, full discussions of options of medical care, full disclosure on the part of the provider, violates informed consent, practice ethics, or availability of medical care for the full duration of the patient’s needs. It doesn’t say anything about preventing limiting the same in Congress or state Legislatures.

Section 1555 says that no person, company, individual, or health insurance issuer has to participate in a Federal health insurance program. Except, I suppose, the employees of the federal government, who will be opted in automatically, unless some later provision (or in fact this one) prevents them from doing so. I admit – I’m not entirely clear what they meant here, other than prevention of some terrible world in which we were all forced to get Medicare and have our health care paid for by the federal government. Tragedy!

Section 1556 – is entitled “Equity for Certain Eligible Survivors”. The survivors they are discussing are those of Black Lung Disease. The equity is changing two sentences in the original Act that provides benefits for these workers. I’ll include the sentences that were struck here, for posterity:

The first being:

The Secretary may rebut such presumption only by establishing that

(A) such miner does not, or did not, have pneumoconiosis, or that

(B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine. The provisions of this paragraph shall not apply with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981.

The second being:

  • In no case shall the eligible survivors of a miner who was determined to be eligible to receive benefits under this subchapter at the time of his or her death be required to file a new claim for benefits, or refile or otherwise revalidate the claim of such miner, except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981,.

Section 1557 reminds you that several pieces of legislation, like the Civil Rights Act of 1964, title IX of the Education Amendments, the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973 prevent you from discriminating against people. So quit it!

Section 1558 says that your employer can’t fire you if you take the credit you were offered, or tell the Feds that your employer violated this Act, or testified to such, or objected to their violations.

Section 1559 give the Inspector General the right of oversight for this Act.

Section 1560 is a grab bag: this Act doesn’t modify or supersede Anti-trust laws, it doesn’t limit Hawaii’s prepaid health care plan (say what?? Perhaps a later post), or student health insurance plans.

Nope, not done with the miscellanea, but I’ll give you a rest for today.


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