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A BILL


    To provide affordable government funding for vital healthcare services
        to all legal American citizens while keeping intact market
        competitiveness and quality of care in both the public and private
        sectors, and preventing such healthcare services from funding, or
        participating with in any way abortions or abortion providers.
                     ____________________________________
1            Be it enacted by the Senate and the House of Representatives in
2 the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS;
4                      GENERAL DEFINITIONS
5            (a) SHORT TITLE.—This Act may be referred to as the "Vital
6 Healthcare Act".
7            (b) TABLE OF CONTENTS.—The table of contents for this
8 Act is as follows:
    Sec. 1. Short title; table of contents; general definitions
    Sec. 2. General effective date
                             TITLE I—ABORTION EXCLUSION
    Sec. 101. No Abortions Clause
                                 TITLE II—PUBLIC SECTOR
                           Part A—Defining Basic Healthcare Rights
    Sec. 201. Definition of a Healthcare Recipient
    Sec. 202. Methodology for Determination of Essential Healthcare Services
    Sec. 203. Essential Healthcare Services Defined
    Sec. 204. Non-Essential Healthcare Services Defined
    Sec. 205. Reimbursed Healthcare Services Defined
    Sec. 206. Healthcare Service Restrictions
              Part B—Grant Process for Hospital Providers of Basic Healthcare
    Sec. 207. Vital Healthcare Agencies
    Sec. 208. Starting Grants
    Sec. 209. Process of Determining Starting Grant Allowances
    Sec. 210. Extended and Diminished Grants
    Sec. 211. Compiling Cumulative Rating Averages
2

    Sec. 212. Additional Fiscal Reimbursements to VHAs
              Part C—Forming of a Regulating Committee for Basic Healthcare
    Sec. 213. Design of the Committee on Vital Healthcare
    Sec. 214. Voting Process of the Committee on Vital Healthcare
    Sec. 215. Duties of the Committee on Vital Healthcare
    Sec. 216. Bureau of Vital Healthcare
    Sec. 217. Server for Vital Healthcare
    Sec. 218. Confidentiality
                       Part D—Process of Providing Basic Healthcare
    Sec. 219. Medical Feedback Centers
    Sec. 220. Duties of the Feedback Center Representative
    Sec. 221. Healthcare Recipient Cards
    Sec. 222. Healthcare Entrance Machines
    Sec. 223. Healthcare Voting Machines
                           Part E—Public Accountability Structure
    Sec. 224. Feedback Center Surveillance as Assurance of Proper Voting Process
    Sec. 225. Process of Making Video Surveillance Publicly Accessible
    Sec. 226. Encouragement of Citizen Watchdog Groups
                                TITLE III—PRIVATE SECTOR
    Sec. 301. Maintaining the Current Private Sector
                                  TITLE VI—TORT REFORM
    Sec. 401. Hospital Lawsuits
    Sec. 402. Employee Hours
    Sec. 403. Accountability for Public Officials
    Sec. 404. Judicial Transparency Website
           TITLE V—PROVIDING SUBSIDIES FOR MEDICAL EDUCATORS
    Sec. 501. Subsidies for Medical Instructors
    Sec. 502. Subsidy Formulation for Medical Instructors
    Sec. 503. Cap On Subsidy-Increased Salaries
    Sec. 504. Federal Aid for Medicals Professionals Seeking To Become Educators
                    TITLE VI—HEALTH INSURANCE REGULATION
    Sec. 601. Ban On Ownership in Tobacco and Nicotine Companies
    Sec. 602. Restrictions On Pre-Existing Conditions
                                TITLE VII-APPROPRIATIONS
    Sec. 701. The Vital Healthcare Fund
1            (c) GENERAL DEFINITIONS.—Except as otherwise provided,
2 in this Act:
3


 1       (1) HOSPITAL.—The term "Hospital" as defined in this
 2   Act has the meaning assigned in section 1861(e) of the Social
 3   Security Act [42 U.S.C. 1395x].
 4       (2) VITAL HEALTHCARE AGENCY.—The term "Vital
 5   Healthcare Agency" or "VHA" has the meaning given such term
 6   under section 207(a).
 7       (3) HEALTHCARE RECIPIENT.—The term "Healthcare
 8   Recipient" has the meaning given such term under section
 9   201(a).
10       (4) BUREAU OF VITAL HEALTHCARE.—The term
11   "Bureau of Vital Healthcare" as it is used in this Act refers to
12   the regulating bureau overseeing Vital Healthcare Agencies,
13   which has as its leadership the Committee of Vital Healthcare,
14   and the purpose and duties of which are outlined in section 216.
15       (5) HEALTHCARE SERVICES.—The term "healthcare
16   services" as it is used in this Act refers specifically to the
17   Essential Healthcare Services and Reimbursed Healthcare
18   Services for which Vital Healthcare Agencies are federally
19   funded by this Act to provide.
20       (6) MEDICAL FEEDBACK CENTER.—The term
21   "Medical Feedback Center" or "MFC" has the meaning given
22   such term under section 219(a).
23       (7) FEEDBACK CENTER REPRESENTATIVE.—The
24   term "Feedback Center Representative" has the meaning given
25   such term under section 220(a).
26       (8) COMMITTEE OF VITAL HEALTHCARE.—The term
27   "Committee of Vital Healthcare" as it is used in this Act refers
28   to the leadership committee regulating and overseeing the
29   Bureau of Vital Healthcare and established for the purposes
30   listed in section 213(a).
4


 1      (9) SERVER FOR VITAL HEALTHCARE.—The term
 2   "Server for Vital Healthcare" or "SVH" has the meaning given
 3   such term under section 217(a).
 4      (10) HEALTHCARE ENTRANCE MACHINE.—The term
 5   "Healthcare Entrance Machine" or "HEM" has the meaning
 6   given such term under section 222(a).
 7      (11) HEALTHCARE VOTING MACHINE.—The term
 8   "Healthcare Voting Machine" has the meaning given such term
 9   under section 223(a).
10      (12) ESSENTIAL HEALTHCARE SERVICES.—The term
11   "Essential Healthcare Services" refers to those services
12   specified in section 203(a).
13      (13) NON-ESSENTIAL HEALTHCARE SERVICES.—
14   The term "Non-Essential Healthcare Services" refers to those
15   services specified in section 204(a).
16      (14) REIMBURSED HEALTHCARE SERVICES.—The
17   term "Reimbursed Healthcare Services" refers to those services
18   specified in section 205(a).
19      (15) HEALTHCARE RECIPIENT CARD.—The term
20   "Healthcare Recipient Card" has the meaning given such term
21   under section 221(a).
22      (16) STARTING GRANT.—The term "Starting Grant" has
23   the meaning given such term under section 208(a).
24      (17) DIMINISHED GRANT.—The term "Diminished
25   Grant" has the meaning given such term under section 210(a).
26      (18) EXTENDED GRANT.—The term "Extended Grant"
27   has the meaning given such term under section 210(a).
28      (19) VHA DISTRICT.—The term "VHA District" has the
29   meaning given such term under section 209(a).
5


 1      (20) CUMULATIVE RATING AVERAGE.—The term
 2   "Cumulative Rating Average" or "CRA" has the meaning given
 3   such term under section 211(a).
 4      (21) VHA APPROVAL RATING.—The term "VHA
 5   Approval Rating" has the meaning given such term under
 6   section 210(b)(1).
 7      (22) PUBLIC SECTOR.—The term "Public Sector" as used
 8   in this Act refers specifically to U.S. Government-funded
 9   healthcare services.
10      (23) PRIVATE SECTOR.—The term "Private Sector" as
11   used in this Act refers specifically to healthcare services that are
12   not funded by the U.S. Government.
13      (24) FEEDBACK CENTER SURVEILLANCE
14   SYSTEM.—The term "Feedback Center Surveillance System"
15   or "FCSS" has the meaning given such term under section
16   224(a).
17      (25) PERSONALLY IDENTIFIABLE INFORMATION.—
18   The term "Personally Identifiable Information" or "PII" has the
19   meaning given such term under section 218(b).
20      (26) IDENTIFICATION NUMBER.—The term
21   "identification number" refers to the unique system-assigned
22   identification number for a given Healthcare Recipient upon
23   receiving a Healthcare Recipient Card as specified in section
24   221(b)(2).
25      (27) BARCODE.—The term "barcode" refers to the unique
26   system-assigned identification number for a given Healthcare
27   Recipient upon receiving a Healthcare Recipient Card as
28   specified in section 221(b)(3).
29      (28) PUBLIC TRANSPARENCY WEBSITE.—The term
30   "Public Transparency Website" refers to the publicly accessible
31   website to be created for purposes of easy-access voting on
6


 1          received healthcare services and viewing FCSS video footage
 2          for purposes of system accountability, as specified in section
 3          225(a).
 4 SEC. 2. GENERAL EFFECTIVE DATE
 5          Except as otherwise specified within this act, all committees,
 6 bureaus, services, grants, laws, etc. set forth within this act are to take
 7 effect on the exact date on which this Act is enacted into law.
 8              TITLE I—ABORTION EXCLUSION
 9 SEC 101. NO ABORTIONS CLAUSE
10          (a) IN GENERAL.—Nothing in this Act or this Act's language
11 may be construed as providing additional government funding for
12 abortion services. Abortion, for purposes of this Act alone, will not be
13 considered healthcare for all of the reasons stated in section 202(a)(3).
14          (b) STATED BOUNDARIES. —All committees, bureaus,
15 services, grants, laws, etc. that are funded by, created by, or instituted
16 by this Act are to remain free of and separate from abortion providers
17 and abortion services. Hospitals and Vital Healthcare Agencies that
18 choose to fund abortions must not do so in facilities or upon grounds
19 funded by this Act. Under no conditions are any committees, bureaus,
20 or grants instituted by this Act to coordinate with abortion groups.
21          (c) EMPLOYEE RESTRICTIONS.—The following restrictions
22 are to apply to all employees of the Bureau of Vital Healthcare and its
23 departments, which Bureau excludes Vital Healthcare Agencies but not
24 Medical Feedback Centers and Feedback Center Representatives:
25             (1) No employees of the Bureau of Vital Healthcare may
26          have in their work history employment by an organization
27          whose primary purpose was to provide abortions, or have past
28          affiliation with such an organization through volunteer activities
29          for said organization or a daughter organization of such an
30          organization whose primary purpose was to provide abortions,
31          without signing the following statement: "I publicly denounce
7


 1   my former cooperation with organizations who provided
 2   abortions and agree not to use my employment with the Bureau
 3   of Vital Healthcare to support organizations who provide
 4   abortions, or to endorse abortions or organizations whose
 5   primary purpose is to provide abortions, while in representation
 6   of or employment by the Bureau of Vital Healthcare."
 7   Employees or potential employees of the Bureau of Vital
 8   Healthcare Employees of the Bureau of Vital Healthcare
 9   discovered with such past history who refuse to sign this
10   statement are to be fired or not employed.
11      (2) New employees of the Bureau of Vital Healthcare must
12   sign the following statement prior to employment by the Bureau
13   of Vital Healthcare: "I agree not to use my employment as a
14   representative of the Bureau of Vital Healthcare to endorse
15   organizations whose primary purpose is to provide abortions, or
16   to endorse abortion to members of the general public while an
17   employee of the Bureau of Vital Healthcare. I agree not to
18   involve myself with organizations whose primary purpose is to
19   provide abortions while I am employed by the Bureau of Vital
20   Healthcare, either during work hours or outside of my
21   workplace, and to disclose in writing to the Bureau of Vital
22   Healthcare any such past instances of said involvement. I
23   understand that violation of these terms will mean termination
24   of my employment with the Bureau of Vital Healthcare."
25      (3) Employees discovered to be supporting organizations
26   that provide abortions either during work hours for the Bureau
27   of Vital Healthcare or outside the Bureau of Vital Healthcare
28   though employed by the Bureau of Vital Healthcare, or to be
29   endorsing abortion activities to the general public during work
30   hours for the Bureau of Vital Healthcare are to be immediately
8


 1         fired, with no provision for re-employment so long as evidence
 2         of innocence in such matter is not clearly evidenced.
 3         (d) CLAUSE INHERENT TO ACT AND NOT TO AFFECT
 4 ROE V. WADE.—Nothing in this Act or this Act's language may be
 5 construed as affecting Roe v. Wade outside of and apart from this Act
 6 and the services, governing bodies, laws, etc. instituted by it. Federal
 7 services, laws, governing bodies, etc. in place before the institution of
 8 this Act shall remain unaffected by this Act.
 9         (e) NECESSARY AND CONDITIONED SECTION.—
10 Removal of, or changes to this section require that this entire Act
11 become null and void, along with all committees, bureaus, services,
12 grants, laws, etc. that are instituted and/or funded by this Act. This Act
13 is to avoid all involvement with organizations that seek to provide
14 abortions. The word 'all' as used in the previous sentence refers to all
15 points in time, past, present, and future.
16                   TITLE II—PUBLIC SECTOR
17       PART A—DEFINING BASIC HEALTHCARE RIGHTS
18 SEC. 201. DEFINITION OF A HEALTHCARE RECIPIENT
19         (a) IN GENERAL.—For purposes of this Act, a Healthcare
20 Recipient shall be defined as a legalized American citizen, and thus
21 eligible to receive U.S. government-funded services from a Vital
22 Healthcare Agency.
23         (b) PROCESS OF PROVING CITIZENSHIP.—The process for
24 establishing citizenship referred to in section 220(b)(1) shall use those
25 forms required by the U.S. Census Bureau's BC-170D as of May 3,
26 2006, namely the provision of one document from List A or List B, and
27 one document from List C, as found within the section titled
28 "Identification you need to bring to the testing site".
29             (1) Upon presentation of the adequate documents by a
30         prospective Healthcare Recipient to the Feedback Center
31         Representative in a Medical Feedback Center, the Feedback
9


 1         Center Representative shall use electronic means to verify the
 2         data provided and establish identity.
 3             (2) Upon the establishment of a person's identity via
 4         presentation of acceptable documents and electronic
 5         verification, the Feedback Center Representative of a Medical
 6         Feedback Center shall fingerprint the Healthcare Recipient;
 7         which fingerprints shall then be scanned into the Server for
 8         Vital Healthcare for future use with Healthcare Entrance
 9         Machines.
10         (c) RIGHT TO SERVICES.—All Healthcare Recipients shall
11 have the rights to receive the medical services specified within this Act,
12 and to provide feedback on said services so long as it does not
13 constitute a violation of section 206 or section 224. Discrimination that
14 results in a denial of healthcare services, or intentional tampering with
15 a Healthcare Recipient's right to receive said healthcare services and/or
16 provide feedback about such services so long as it does not violate
17 section 204 or section 206, shall be considered a violation of Federal
18 law and punishable by a fine of up to $5,000 and/or up to 5 years in
19 jail.
20 SEC 202. METHODOLOGY FOR DETERMINATION OF
21                 ESSENTIAL HEALTHCARE SERVICES
22         (a) METHODOLOGY FOR DETERMINING ESSENTIAL
23 HEALTHCARE SERVICES DEFINED.—As defined by this Act, such
24 vital healthcare services are based on the following principles (for
25 purposes of this Act, these principles apply solely to the language of
26 this Act, without affecting other U.S. law or federal services, including
27 Roe v. Wade):
28             (1) NO FAULT.—High-risk lifestyle choices such as
29         alcoholism and smoking are controllable and thus whose
30         consequence, i.e. related healthcare treatment, should be borne
31         by the individual, and not the society.
10


 1             (2) ESSENTIAL RIGHTS.—To what degree does the
 2         healthcare assist in the Constitutional, inalienable rights of the
 3         individual, first life, then liberty, and finally the pursuit of
 4         happiness? Healthcare that is based upon choice as opposed to
 5         inalienable rights, e.g. cosmetic surgery, shall not be borne by
 6         American taxpayers, for with choices must come personal
 7         consequence and responsibility.
 8             (3) NO HARM.—Healthcare that harms another's
 9         Constitutional, inalienable rights in the process apart from their
10         consent should not be borne by society, but by the individual, if
11         allowed at all (e.g. abortion). For purposes of this Act, the U.S.
12         government shall err on the side of caution when potentially
13         taking another human being's life, with the burden of proof
14         upon the party seeking to potentially infringe upon another
15         individual's inalienable rights that, as stated by the Declaration
16         of Independence, are dependent upon a Creator and no other
17         individual's opinion, desire for said individual, or estimation.
18             (4) EFFICIENCY AND CONSISTENCY.—Essential
19         services must have a proven track record of consistently
20         providing measurable, consistent, and curative gains in the
21         quality of a person's basic health; i.e. healthcare which is clearly
22         beneficial. Rarely tested drugs of dubious, highly varying, or
23         ill-tested effect, or whose outcome is difficult to quantify, e.g.
24         medicinal depression treatments, are not reliably effective
25         enough for cost sharing by American taxpayers until proven
26         otherwise.
27 SEC 203. ESSENTIAL HEALTHCARE SERVICES DEFINED
28         (a) DEFINITION.—The term "Essential Healthcare Services"
29 as defined in this Act refers to the following healthcare services which
30 must be provided by all Vital Healthcare Agencies. Hospitals that
31 cannot or will not provide such services to all legal American citizens
11


 1 will not be recognized as Vital Healthcare Agencies eligible for
 2 Starting Grants:
 3            (1) Vaccinations required by U.S. Law, recommended by
 4         the Center for Disease Control and Prevention, or recommended
 5         by the American Medical Association
 6            (2) Basic medical checkups (maximum of 1 per fiscal year
 7         per individual)
 8            (3) Physicals as required by a public school
 9            (4) Intensive Care
10            (5) Well baby and well child exams (maximum of 3 visits
11         per child)
12            (6) Prenatal and Postnatal Care
13            (7) Treatment of broken and fractured bones
14            (8) Treatment of torn ligaments
15            (9) Treatment of damaged tendons
16            (10) Treatment for damaged muscles
17            (11) Treatment for deafness/damaged hearing
18            (12) Treatment for blindness/damaged eyesight
19            (13) Treatment for hemorrhaging
20            (14) Treatment for paralysis
21            (15) Treatment for choking
22            (16) Treatment for Stroke
23            (17) Treatment for Epilepsy
24            (18) Treatment for Fetal Alcohol Syndrome Disorders
25            (19) Breast cancer treatment
26            (20) Lung cancer treatment
27            (21) Colorectal cancer treatment
28            (22) Gynecologic cancer treatment
29            (23) Skin cancer treatment
30            (24) Prostate cancer treatment
31            (25) Liver disease treatment
12


 1      (26) Heart disease treatment
 2      (27) Arthritis treatment
 3      (28) Diabetes treatment
 4      (29) Hepatitis treatment
 5      (30) Asthma treatment
 6      (31) Bronchitis treatment
 7      (32) Heart bypass surgery
 8      (33) Treatment of Trichomoniasis (to consist of a maximum
 9   of 2 separate dosages of prescription drugs for treatment each
10   15 years)
11      (34) Treatment of Chlamydia (to consist of a maximum of 2
12   separate dosages of prescription drugs for treatment each 15
13   years)
14      (35) Treatment of Gonorrhea (to consist of a maximum of 2
15   separate dosages of prescription drugs for treatment each 15
16   years)
17      (36) Treatment of Genital Herpes and Herpes Simplex Virus
18   1 and 2 (to consist of a maximum of 2 separate dosages of
19   prescription drugs for treatment each 15 years)
20      (37) Treatment of Syphilis (to consist of a maximum of 2
21   separate dosages of prescription drugs for treatment each 15
22   years)
23      (38) Treatment of Pelvic Inflammatory Disease (to consist
24   of a maximum of 2 separate dosages of prescription drugs for
25   treatment each 15 years)
26      (39) Treatment of Acanthomoeba infection
27      (40) Treatment of African Trypanosomiasis
28      (41) Treatment of Alveolar Echinococcosis
29      (42) Treatment of Amebiasis
30      (43) Treatment of Anaplasmosis
31      (44) Treatment of Anisakiasis
13


 1      (45) Treatment of Arenaviruses
 2      (46) Treatment of Ascariasis
 3      (47) Treatment of Aspergillosis
 4      (48) Treatment of Avian influenza virus
 5      (49) Treatment of B Virus
 6      (50) Treatment of Babesiosis
 7      (51) Treatment of Bacterial Vaginosis
 8      (52) Treatment of Balantidiasis
 9      (53) Treatment of Baylisascaris infection
10      (54) Treatment of Botulism
11      (55) Treatment of Capillariasis
12      (56) Treatment of Chronic Obstructive Pulmonary Disease
13      (57) Treatment of Clonorchis Infection
14      (58) Treatment of Clostridium Difficile
15      (59) Treatment of Dipylidium Infection
16      (60) Treatment for E. Coli
17      (61) Treatment for Giardiasis
18      (62) Treatment of H1N1 Flu
19      (63) Treatment of Klebsiella Pneumoniae
20      (64) Treatment of Lyme disease
21      (65) Treatment for Meningitis
22      (66) Treatment of Pneumoconioses
23      (67) Treatment of Pneumonia
24      (68) Treatment for Staphylococcus aureus and Healthcare-
25   Associated Methicillin-Resistant Staphylococcus aureus
26      (69) Treatment for Scabies
27      (70) Treatment for Salmonella
28      (71) Treatment of Tetanus
29      (72) Treatment for Tuberculosis
30      (73) Prescription drugs for the above approved purposes that
31   have been approved by the FDA
14


 1         (b) PROVISION FOR UPDATING.—The list in section 203(a)
 2 may be updated by the Committee on Vital Healthcare as outlined in
 3 section 215(a)(2)(A).
 4         (c) LIFE-SAVING CARE.—Emergency life-saving care is to
 5 be provided on the assumption that an individual is a Healthcare
 6 Recipient regardless of status of an individual as a Healthcare
 7 Recipient, and as such will be federally reimbursed regardless of
 8 whether an individual is a Healthcare Recipient or not. Use of
 9 emergency vehicles for said purpose will also be considered an
10 Essential Healthcare Service.
11 SEC. 204. NON-ESSENTIAL HEALTHCARE SERVICES
12                 DEFINED
13         (a) DEFINITION.—The following healthcare services will not
14 be federally paid for using government funds distributed to Vital
15 Healthcare Agencies:
16             (1) In Vitro Fertilisation
17             (2) Alcoholism treatment
18             (3) Gastric Bypass Surgery
19             (4) Cosmetic Surgery
20             (5) Midwives
21             (6) Depression treatment
22             (7) Reconstructive Surgery
23             (8) Treatment for Alzheimer's Disease
24             (9) Chronic Fatigue Syndrome
25         (b) PROVISION FOR UPDATING.—The list in section 204(a)
26 may be updated by the Committee on Vital Healthcare as outlined in
27 section 215(a)(2)(B).
28         (c) CONDITIONS.—In the cases of cancers/tumors and
29 unintended appearance-altering emergencies (e.g. facial damage as the
30 result of 3rd-degree burns) Reconstructive Surgery may be considered
31 an aspect of treatment and in such event that it is necessary for
15


 1 reconstruction, to correct an abnormality caused by a cancer, tumor, or
 2 accident, an Essential Healthcare Service and funded as such.
 3         (d) REQUIREMENTS FOR CHANGE TO ESSENTIAL
 4 HEALTHCARE SERVICE.—Treatments of Depression and
 5 Alzheimer's Disease may not be added to section 203(a) and the list of
 6 Essential Healthcare Services, save for those treatments indisputably
 7 shown to provide substantial curative effects within 2 months in at least
 8 80% of cases diagnosed.
 9 SEC. 205. REIMBURSED HEALTHCARE SERVICES DEFINED
10         (a) DEFINITION.—The following healthcare services are not
11 required for Vital Healthcare Agencies to provide, if said Vital
12 Healthcare Agencies do not have the technology or personnel needed to
13 perform such services, however, if provided, they are to be reimbursed
14 in the same way that Essential Healthcare Services under section 203
15 are reimbursed, including the provision of prescription drugs:
16         (b) PROVISION FOR UPDATING.—This list in section 205(a)
17 may be updated by the Committee on Vital Healthcare as outlined in
18 section 213(a)(2)(C).
19         (c) OBLIGATION TO PROVIDE.—A Vital Healthcare
20 Agency that at any time after January 1st, 2011 provides any of the
21 services specified in section 205(a) is required to afterwards make
22 available such service(s) previously provided to a Healthcare Recipient
23 to all Healthcare Recipients. By providing at any time after January 1st,
24 2011, one of the section 205(b) Reimbursed Healthcare Services to a
25 Healthcare Recipient, a Vital Healthcare Agency will demonstrate its
26 capability of providing said service and have as its obligation to make
27 said service available in the future, so that such a service will not be
28 discriminatorily provided in select circumstances.
29 SEC. 206. HEALTHCARE SERVICE RESTRICTIONS
30         (a) PURPOSES.—The purpose for restricting treatment is to
31 avoid an unnecessary burden upon American taxpayers and the
16


 1 American government in treating those who violate the section
 2 202(a)(1) "NO FAULT" rule. The purpose for an effective date is to
 3 allow those currently indulging in high-risk behaviors time to reform
 4 their lifestyles and avoid the penalties of this section.
 5         (b) EFFECTIVE DATE.—Beginning on January 1st, 2015, and
 6 not before, the entirety of this section shall take effect.
 7         (c) RESTRICTED TREATMENT FOR
 8 TOBACCO/NICOTINE USERS.—Healthcare recipients determined to
 9 be using tobacco or nicotine products by a Vital Healthcare Agency
10 that are not for cessation purposes, as evidenced by clear symptoms
11 during medical diagnosis, will not be eligible for the following
12 healthcare services, that would otherwise be federally paid for using
13 government funds distributed to Vital Healthcare Agencies, for a period
14 of 3 years, beginning on the date which said determination was made,
15 after which time tobacco/nicotine use will be re-evaluated upon request
16 by the Vital Healthcare Agency:
17             (1) Lung cancer treatment
18             (2) Heart disease treatment
19             (3) Heart bypass surgery
20             (4) Diabetes treatment
21             (5) Bronchitis treatment
22             (6) Colorectal cancer treatment
23             (7) Treatment of Chronic Obstructive Pulmonary Disease
24         (d) RESTRICTED TREATMENT FOR ALCOHOL USERS.—
25 Healthcare recipients determined to be drinking alcohol by a Vital
26 Healthcare Agency will not be eligible for the following healthcare
27 services, that would otherwise be federally paid for using government
28 funds distributed to Vital Healthcare Agencies, for a period of 3 years,
29 beginning on the date which said determination was made, after which
30 time alcohol use will be re-evaluated upon request by the Vital
31 Healthcare Agency:
17


 1             (1) Heart disease treatment
 2             (2) Heart bypass surgery
 3             (3) Prostate cancer treatment
 4             (4) Liver disease treatment
 5             (5) Treatment for Stroke
 6             (6) Colorectal cancer treatment
 7         (e) ALLOWANCE FOR CITIZENS TO DISPUTE
 8 FINDINGS.—Healthcare recipients who wish to dispute such findings
 9 may:
10             (1) Ask the Vital Healthcare Agency who made the initial
11         determination to re-evaluate them, which decision shall be up to
12         the Vital Healthcare Agency in question, and/or
13             (2) Choose evaluation via a different Vital Healthcare
14         Agency (who must render testing and a decision within 3
15         months of the request).
16         (f) LIMITATIONS UPON REQUESTS FOR RE-
17 EVALUATION.—Vital Healthcare Agencies do not need to accept
18 more than 1 re-evaluation request per Healthcare Recipient's 3-year ban
19 period. Healthcare Recipients may not request re-evaluations from
20 more than 1 additional Vital Healthcare Agency during the 3 year
21 period in which they are excluded from certain healthcare services.
22 PART B—GRANT PROCESS FOR HOSPITAL PROVIDERS OF
23                          BASIC HEALTHCARE
24 SEC. 207. VITAL HEALTHCARE AGENCIES
25         (a) DEFINITION.—The term "Vital Health Agency" or "VHA"
26 as defined in this Act refers to the U.S. Hospitals meeting the
27 requirements for a VHA who, upon being approved by the Committee
28 on Vital Healthcare, gain funding from the U.S. government in the
29 form of a Starting Grant to provide basic healthcare services to
30 Healthcare Recipients.
18


 1         (b) REQUIREMENTS FOR A VHA.—To become a
 2 government-funded, Vital Healthcare Agency, a Hospital must certify
 3 in writing to the Bureau of Vital Healthcare that it meets the following
 4 requirements of a Vital Healthcare Agency:
 5             (1) Be at all times partitioned/walled from all areas of the
 6         Hospital not part of the Vital Healthcare Agency and meet all
 7         specifications for Medical Feedback Centers stated in section
 8         219. All points of public entry must be through Medical
 9         Feedback Centers, save those allowed for emergency use as
10         specified in section 219(c)(1)(A).
11             (2) Meet the requirements of a Starting Grant as specified in
12         section 208(b).
13             (3) Provide the Essential Healthcare Services specified in
14         section 203(a).
15             (4) Provide any applicable Reimbursed Healthcare Services
16         specified in section 205(c).
17             (5) Submit on a yearly basis to the Bureau of Vital
18         Healthcare the following information for the Hospital/VHA for
19         the fiscal year:
20                 (A) Total Healthcare Recipients served.
21                 (B) Total expenses and operating expenses incurred,
22                 with treatment expenses classified as Essential, Non-
23                 Essential, or Reimbursed, as relating to sections 203,
24                 204, and 205 respectively.
25                 (C) Total grant monies received.
26             (6) Require medical personnel to track the number of
27         checkups, visits, or dosages for those items listed in section
28         203(a) as having a 'maximum' provision requirement, and
29         ensure this data is recorded in the Server for Vital Healthcare as
30         specified in section 216(b).
19


 1              (7) Comply with the re-evaluation requests of Healthcare
 2          Recipients according to the process specified in section 205(e)
 3          and section 205(f).
 4              (8) Fulfill such additional duties as may be specified by the
 5          Committee on Vital Healthcare.
 6          (c) CERTIFICATION AS A VHA.—Upon being approved as a
 7 VHA by the Bureau of Vital Healthcare the Bureau of Vital Healthcare
 8 shall list the new VHA on the www.bvh.gov website as an approved
 9 Vital Healthcare Agency, as specified in section 225(b)(3).
10          (d) ALLOWANCE FOR CHARITY CARE.—A Vital
11 Healthcare Agency is permitted to provide free healthcare services to
12 non-Healthcare Recipients, provide the Non-Essential Healthcare
13 Services listed in section 204(b) to Healthcare Recipients, and provide
14 the Restricted Healthcare Services listed in section 206(c) and section
15 206(d) to the respective Healthcare Recipients who, because of their
16 lifestyle choices are according to said section denied Federally
17 reimbursed treatment, so long as it is recognized that a Vital Healthcare
18 Agency which does so will not be Federally reimbursed for such non-
19 funded healthcare services, and does so wholly of its own accord.
20          (e) ENDING STATUS AS A VHA.—A Vital Healthcare
21 Agency reserves the right to end its status as a Vital Healthcare Agency
22 at the end of any fiscal year, notwithstanding it shall still be
23 accountable for any fiscal obligations relating to its term as a Vital
24 Healthcare Agency.
25 SEC. 208. STARTING GRANTS
26          (a) DEFINITION.—The term "Starting Grant" as defined in this
27 Act refers to the initial funding for a newly approved Hospital as a
28 Vital Healthcare Agency, without which said Hospital may not become
29 a Vital Healthcare Agency.
20


 1         (b) ELIGIBILITY FOR A STARTING GRANT.—A given
 2 Hospital may only become eligible for a Starting Grant through the
 3 following two methods:
 4             (1) Receive certification by the Centers For Medicare and
 5         Medicaid Services (CMS) as a Vital Healthcare Agency and
 6         have said certification intact at the time of application for a
 7         Starting Grant.
 8             (2) Present a petition consisting solely of the following
 9         language and signed by no less than 5% of the residents in the
10         Hospital's district to the Committee on Vital Healthcare: "We,
11         the residents of [name of Hospital's district] affirm our support
12         for [name of Hospital] to become a government-funded Vital
13         Healthcare Agency."
14         (c) REAPPLICATION PROCESS FOR A STARTING
15 GRANT.—Hospitals that had VHA status but lost it are not eligible to
16 reapply for a 5-year period. Upon reapplying, a Hospital must obtain
17 signatures from an additional 5% of district residents than in the
18 previous 5-year period, e.g. 5% for the 1st attempt, 10% for the 2nd
19 attempt, 15% for the 3rd attempt, etc. Previous signers of a petition
20 must re-sign for each new petition for their support of a given
21 Hospital's new petition to be recognized and counted by the Committee
22 on Vital Healthcare.
23 SEC. 209. PROCESS OF DETERMINING STARTING GRANT
24                 ALLOWANCES
25         (a) DEFINITION OF VHA DISTRICT.—The term "VHA
26 District" refers to the area occupied by a given Vital Healthcare
27 Agency, and which it is considered to share with other Vital Healthcare
28 Agencies. If a Vital Healthcare Agency is in a Metropolitan Statistical
29 Area or a Micropolitan Statistical Area, the Metropolitan or
30 Micropolitan Statistical Area shall be considered the VHA District for
31 the Vital Healthcare Agencies that inhabit it. If a Vital Healthcare
21


 1 Agency does not occupy a Metropolitan or Micropolitan Statistical
 2 Area the Congressional District will instead be considered the VHA
 3 District.
 4         (b) FORMULAIC PROCESS FOR VALUING A STARTING
 5 GRANT.—The monetary value of a Starting Grant shall be provided to
 6 a given VHA that has met the requirements of section 208(b), based on
 7 the Bureau of Vital Healthcare's application of the following formula to
 8 a given Vital Healthcare Agency:
 9             (1) Multiply the number of residents in the VHA District by
10         $1,000. $1,000 is to be the base starting cost of healthcare for a
11         given Healthcare Recipient in a VHA District.
12             (2) Divide the result by the 'Total establishments' in said
13         Metropolitan or Micropolitan Statistical Area. The 'Total
14         establishments' can be found in the Census Bureau's 'County
15         Business Patterns (NAICS)' report for Industry Code 622;
16         'Hospitals'. Dividing by 'Total establishments' establishes the
17         allotment share for a specific Hospital or VHA
18             (3) If the VHA is not in a Metropolitan or Micropolitan
19         Statistical Area, an estimation of residents and Hospital
20         establishments within the Congressional district may instead be
21         substituted. This effectually determines the average residents
22         served by a Hospital in a given Metropolitan or Micropolitan
23         Statistical Area.
24         (b) PROCESS FOR CHANGING FORMULATION.—The
25 Committee on Vital Healthcare shall have the power to change this
26 formula after January 1st, 2013.
27         (c) ADJUSTMENT FOR INFLATION.—The base starting cost
28 for a given Healthcare Recipient, $1,000, is to be adjusted for inflation
29 by the Bureau of Vital Healthcare for each fiscal year beginning
30 January 1st, 2012.
22


 1 SEC. 210. EXTENDED AND DIMINISHED GRANTS
 2         (a) IN GENERAL.—The Bureau of Vital Healthcare shall use
 3 data collected from Medical Feedback Centers to re-define the levels of
 4 what were originally Starting Grants, that either by increasing they
 5 become Extended Grants, or by decreasing, Diminished Grants.
 6         (b) FORMULAIC PROCESS FOR RE-DEFINING
 7 GRANTS.—The following basic process shall be utilized by the
 8 Bureau of Vital Healthcare as a framework to ultimately set new grant
 9 levels as of January 1st, 2013, and every 2 years subsequent to this; e.g.
10 January 1st, 2015, January 1st, 2017, etc:
11             (1) The Bureau of Vital Healthcare shall determine the
12         Cumulative Rating Averages for the three segments of a given
13         Vital Healthcare Agency as specified in section 211. The
14         separate CRAs are to be weighted by multiplying the CRA for
15         Healthcare Recipients inside the VHA District by 65%, the
16         CRA for Healthcare Recipients in adjoining VHA Districts by
17         30%, and the CRA for all other Healthcare Recipients by 5%.
18         The separate resulting totals, now weighted, are to be added
19         together to attain the "VHA Approval Rating", which expresses
20         the voting approval of Healthcare Recipients, primarily as
21         relating to the immediate VHA District and surrounding area for
22         the VHA in question.
23             (2) The VHA Approval Ratings are to be compared among
24         Vital Healthcare Agencies in the VHA District. For purposes of
25         determining Extended and Diminished Grants, the formula used
26         shall be identical to that specified in section 209(b) for valuing
27         Starting Grants, but the value of the base starting cost of a given
28         Healthcare Recipient in the VHA District specified in section
29         209(b)(1) as $1,000 is to be changed; higher for Extended
30         Grants, and lower for Diminished Grants. If not changed from
23


 1   the value of $1,000, the VHA with such a value shall be
 2   esteemed to maintain the status of a Starting Grant.
 3   (c) SPECIFIC SCENARIOS.—
 4          (1) VHAs with VHA Approval Ratings at or above 3.75
 5      and below 4.25 are to remain at Starting Grant status or
 6      improve to receive Extended Grant status. If a given VHA,
 7      which meets such a condition, has a VHA Approval Rating
 8      above the average VHA Approval Rating of all VHAs in the
 9      VHA District, that VHA is to receive an Extended Grant
10      with a gain in the base starting cost of a Healthcare
11      Recipient in the VHA District, for purposes of its grant
12      funding formulation as specified in section 210(b)(2),
13      equivalent to the difference between its own VHA Approval
14      Rating and the average VHA Approval Rating of all VHAs
15      in the VHA District, divided by 5.0, added to 1.0, and
16      multiplied by $1,000 to receive the new Extended Grant
17      value for the VHA. If a given VHA, which meets such a
18      condition, has a VHA Approval Rating at or below the
19      average VHA Approval Rating of all VHAs in the VHA
20      District, it is to maintain its Starting Grant status. This new
21      value shall be the base starting cost per Healthcare Recipient
22      for the VHA.
23          (2) VHAs with VHA Approval Ratings at or above 4.25
24      are to receive Extended Grant status. A given VHA, which
25      meets this condition, is to receive a gain in the base starting
26      cost of a Healthcare Recipient in the VHA District, for
27      purposes of its grant funding formulations as specified in
28      section 210(b)(2), equivalent to the difference between the
29      VHA Approval Rating of said VHA and 2.50, divided by
30      5.0, added to 1.0, and multiplied by $1,000 to receive the
31      new Extended Grant value for the VHA. This new value
24


 1   shall be the base starting per Healthcare Recipient for the
 2   VHA.
 3      (3) VHAs with VHA Approval Ratings below 3.75 are
 4   to receive Diminished Grant status. A given VHA, which
 5   meets this condition, is to receive a loss in the base starting
 6   cost of a Healthcare Recipient in the VHA District, for
 7   purposes of its grant funding formulations as specified in
 8   section 210(b)(2), equivalent to the difference between its
 9   VHA Approval Rating and the top VHA Approval Rating in
10   its VHA District, divided by the number of VHAs in the
11   VHA District, divided by 5.0, added to 1.0, and multiplied
12   by $1,000 to receive the new Extended Grant value for the
13   VHA. If such a VHA also meets the qualifications of
14   section 210(d)(2), that formula shall instead take
15   precedence.
16   (d) EXCEPTIONS.—
17      (1) A VHA with the best VHA Approval Rating in its
18   VHA District is to always receive Extended Grant status
19   unless it is the only VHA in its VHA District in which case
20   the formula in section 210(d)(2) shall instead be used. If
21   there are at least 2 VHAs in the VHA District, the VHA
22   with the best VHA Approval Rating is to become an
23   Extended Grant and receive a gain in the base starting cost
24   of a Healthcare Recipient in the VHA District, for purposes
25   of its grant funding formulation as specified in section
26   210(b)(2), equivalent to the difference between the best
27   VHA Approval Rating in the VHA District and the average
28   VHA Approval Rating of the other VHAs in the VHA
29   District, divided by 5.0, added to 1.0, and multiplied by
30   $1,000 to receive the new Extended Grant value for the
31   VHA (e.g. for a VHA with the top VHA Approval Rating of
25


 1   4.5, and all other VHAs in the VHA District whose average
 2   VHA Approval Rating was 3.7, the difference would be .8
 3   which when divided by 5.0 would equal .16, upon addition
 4   to 1.0 would become 1.16, and then by multiplying by
 5   $1,000 would result in a new base starting cost of $1,160
 6   per Healthcare Recipient for the aforementioned VHA with
 7   the best VHA Approval Rating in the VHA District). This
 8   new value shall be the base starting cost per Healthcare
 9   Recipient for the VHA. If such a VHA also meets the
10   qualifications of section 210(c)(2), the formula in section
11   210(c)(2) shall instead take precedence.
12       (2) A VHA without other VHAs or Hospitals within a
13   30-mile radius, or without another VHA in its VHA District,
14   is not to receive a Diminished Grant for its first 5 years from
15   the time of receiving its initial Starting Grant. If the VHA
16   over those 5 years has VHA Approval Ratings averaging
17   below 2.50 the Bureau of Vital Healthcare is to seek
18   creation of a new VHA in a 15-mile radius of the VHA in
19   question, whether by expansion by a present VHA to a
20   second location, seeking relocation by another Hospital or
21   VHA, or another method. Until such occurrence, the VHA
22   shall receive a gain in the base starting cost of a Healthcare
23   Recipient in the VHA District, for purposes of its grant
24   funding formulation as specified in section 210(b)(2), only
25   if either its VHA Approval Rating is above the average
26   VHA Approval Rating of all VHAs in the state, in which
27   case it shall receive an increase in the base starting cost of a
28   Healthcare Recipient in the VHA District, for purposes of
29   its grant funding formulations as specified in section
30   210(b)(2), equivalent to the difference between the VHA
31   Approval Rating of said VHA and the average VHA
26


 1        Approval Rating of all VHAs in the state, divided by 5.0,
 2        added to 1.0, and multiplied by $1,000 to receive the new
 3        Extended Grant value for the VHA. This new value shall be
 4        the base starting per Healthcare Recipient for the VHA.
 5 SEC. 211. COMPILING CUMULATIVE RATING AVERAGES
 6        (a) DEFINITION.—The term "Cumulative Rating Average"
 7     or "CRA" refers to the averaging of the ratings for the first two
 8     questions asked on the Healthcare Voting Machines in the
 9     Medical Feedback Centers for a given Vital Healthcare Agency,
10     as specified in paragraphs (c)(5)(A) and (c)(5)(B) of section
11     223. This shall result in three different CRAs for a given Vital
12     Healthcare Agency, each for a different segment of the
13     Healthcare Recipients who responded.
14        (b) SEGMENTS OF HEALTHCARE RECIPIENTS TO BE
15     TRACKED.—Cumulative Rating Averages are to be
16     maintained for each Vital Healthcare Agency, and for each
17     Vital Healthcare Agency, to be tracked for the following three
18     segments of Healthcare Recipients:
19            (1) Healthcare Recipients inside the VHA District.
20            (2) Healthcare Recipients in VHA Districts adjoining the
21        VHA District in question; not including the VHA District in
22        question itself.
23            (3) All other Healthcare Recipients; those Healthcare
24        Recipients outside of both the VHA District in question and
25        its adjoining VHA Districts.
26        (c) PROCESS OF DETERMINING A CRA.—Cumulative
27     Rating Averages are to be compiled for each segment, for each
28     Vital Healthcare Agency, and account for voter ratings taken
29     specifically over the 2-year periods specified in section 210(b),
30     as follows:
27


 1                 (1) Add the ratings that resulted from answers to the two
 2             questions from paragraphs (c)(5)(A) and (c)(5)(B) of section
 3             223 for Healthcare Recipients in the given segment, and
 4             divide by the number of Healthcare Recipients who
 5             provided ratings in that segment. This shall result in two
 6             rating averages, one for ratings by Healthcare Recipient in
 7             the given segment to the question in section 223(c)(5)(A),
 8             and one for ratings by Healthcare Recipients in the given
 9             segment to the question in section 223(c)(5)(B).
10 (2) Add the two rating averages that resulted together, and divide by 2.
11 This shall produce a Cumulative Rating Average for one of the
12 segments of Healthcare Recipients specified in section 211(b), for a
13 specific Vital Healthcare Agency.
14 SEC. 212. ADDITIONAL FISCAL REIMBURSEMENTS TO
15                 VHAS
16         (a) IN GENERAL.—VHAs that report additional costs for
17 approved healthcare service expenses in a fiscal year such as for
18 Essential Healthcare Services, Reimbursed Healthcare Services, or for
19 a cost associated with necessary running of a Vital Healthcare Agency -
20 which costs associated with necessary running of a Vital Healthcare
21 Agency may be specified by the Committee on Vital Healthcare as well
22 as the acceptable range as stated in section 215(b)(8), are to be
23 reimbursed the additional amount specified, so long as there is a
24 thorough accounting of the reason for the expense.
25         (b) PROCESS FOR PAYMENT.—The additional costs for
26 approved healthcare service expenses in a fiscal year specified in
27 section 212(a) are to be provided each fiscal year in addition to the
28 grant monies, as specified in section 216(b)(6).
28


 1     PART C—FORMING OF A REGULATING AGENCY FOR
 2                         BASIC HEALTHCARE
 3 SEC. 213. DESIGN OF THE COMMITTEE ON VITAL
 4                 HEALTHCARE
 5         (a) PURPOSES.—The Committee on Vital Healthcare shall be
 6 created upon passage of this Act for purposes of oversight, regulation,
 7 direction, and leadership of the Bureau of Vital Healthcare, and shall be
 8 considered the leadership committee for the Bureau of Vital
 9 Healthcare.
10         (b) MEMBERSHIP.—The membership of the Committee on
11 Vital Healthcare shall consist of representatives from recognized
12 medical institutions and non-profit groups. The following groups, and
13 specifically, the leaders afterwards indicated, shall choose their
14 respective representatives by whatever method they see fit:
15             (1) American Board of Medical Specialties - President and
16         CEO of the American Board of Medical Specialties
17             (2) American Medical Association – President of the
18         American Medical Association
19             (3) American College of Physicians – President of the
20         American College of Physicians
21             (4) American Dental Association – President of the
22         American Dental Association
23             (5) American Medical Student Association – National
24         President of the American Medical Student Association
25             (6) American Osteopathic Association – President of the
26         American Osteopathic Association
27             (7) AARP Foundation – President of the AARP Foundation
28             (8) American Board of Medical Specialties – President and
29         CEO of the American Board of Medical Specialties
30             (9) American Board of Internal Medicine – President and
31         CEO of the American Board of Internal Medicine
29


 1             (10) American College of Emergency Physicians –
 2         President of the American College of Emergency Physicians
 3             (11) American Academy of Family Physicians – President
 4         of the American Academy of Family Physicians
 5             (12) American Nurses Association – President of the
 6         American Nurses Association
 7         (c) MEMBERSHIP REGULATIONS.—The following bylaws
 8 apply to the selection process for representatives serving on the
 9 Committee on Vital Healthcare:
10             (1) Each group indicated in section 213(b) shall have
11         exactly one representative every 3 years. This representative is
12         to be selected by the leader indicated and be a member of the
13         group/organization involved.
14             (2) The first representatives are to be chosen on January 1st,
15         2011. The second round of representatives will be chosen by
16         their respective organizations on January 1st 2014, the third
17         round of representatives chosen by their respective
18         organizations on January 1st, 2017, etc.
19             (3) The organization leaders indicated in section 213(b)(1)
20         as having the right to choose representatives for their respective
21         organizations are free to select themselves.
22             (4) The designated leaders of their respective organizations
23         listed in section 213(b)(1), and who have the right to pick the
24         representative for their organization, are to mail a signed letter
25         stating their selections for their respective organization's
26         representative on the Committee on Vital Healthcare to the
27         Clerk of the House for archiving and evidentiary purposes.
28             (5) No organization may elect the same individual as its
29         representative for 2 consecutive terms, although that individual
30         may be elected an unlimited number of times. However, no
31         individual person may serve in 2 consecutive sessions for the
30


 1         Committee on Vital Healthcare, either by being elected twice in
 2         a row by one organization, or via election by separate
 3         organizations.
 4             (6) A member's views on any issue or issues may not
 5         disqualify them from sitting on the Committee on Vital
 6         Healthcare, as diversity of thought is welcomed, and the
 7         primary concern for each organization should be the sufficiency
 8         of the representative to represent their best interests, a choice
 9         the designated leader of that organization will be free to make
10         wholly within their own discretion.
11 SEC. 214. VOTING PROCESS FOR THE COMMITTEE ON
12                 VITAL HEALTHCARE
13         (a) VOTING.—The Committee on Vital Healthcare is to have
14 as its leader the Chair of the Committee on Vital Healthcare, who shall
15 take recommendations from Committee of Vital Healthcare members
16 on issues and potential courses of action.
17         (b) SELECTION OF THE CHAIR OF THE COMMITTEE ON
18 VITAL HEALTHCARE.—The Chair of the Committee on Vital
19 Healthcare shall be responsible for bringing up issues, as they are
20 suggested by members of the Committee on Vital Healthcare, before
21 the Committee on Vital Healthcare for a vote, as well as keeping order
22 of the proceedings of the Committee on Vital Healthcare and ensuring
23 all members are given equal rights to speak for their organizations. The
24 selection process for the Chair on the first meeting shall be based upon
25 the reverse alphabetical order of last names. The Chair for January of
26 2011 will be the member with the last name in the alphabet. A
27 different Committee of Vital Healthcare member shall hold the Chair
28 each month of the fiscal year (January, February, March, etc.), with the
29 order passing from the member with the last name ranked last via
30 alphabetical ranking, to the member with the last name ranked 2nd to
31 last via alphabetical ranking, to the member with the last name ranked
31


 1 3rd to last via alphabetical ranking, and so on until finally reaching the
 2 member with the last name ranked 1st via alphabetical ranking. After
 3 this happens, the order will begin once more with the member with the
 4 last name ranked last via alphabetical ranking, and the process shall
 5 repeat. In this way all Committee of Vital Healthcare members and
 6 their respective organizations should hold the Chair at some time
 7 during the 3-year period before new Committee of Vital Healthcare
 8 members are chosen.
 9         (c) ALLOWANCE FOR ADDING ORGANIZATIONS.—
10 Additional organizations may be added to the list in 213(b) and as such
11 have representatives on the Committee on Vital Healthcare only by
12 vote by formal vote of the Committee on Vital Healthcare, and
13 subsequent approval by 75% of all members.
14 SEC. 215. DUTIES OF THE COMMITTEE ON VITAL
15                 HEALTHCARE
16         (a) DUTIES.—The duties of the Committee on Vital Healthcare
17 shall be as follows:
18             (1) Provide Starting Grants to Hospitals who meet the
19         qualifications of section 208(b).
20             (2) Update the following lists annually on March 1st:
21                 (A) Essential Healthcare Services as specified in section
22             203(a).
23                 (B) Non-Essential Healthcare Services as specified in
24             section (204)(a).
25                 (C) Reimbursed Healthcare Services as specified in
26             section 205(a).
27             (3) Specify standards for:
28                 (A) Healthcare Entrance Machines as specified in
29             section 222(b).
30                 (B) Healthcare Voting Machines as specified in section
31             223(b).
32


 1             (4) Update the base starting cost for a given Healthcare
 2         Recipient to account for inflation as specified in section 209(c).
 3             (5) Begin work on authorizing the creation of a research
 4         team as of January 1st, 2016, which team is to provide its
 5         findings to Congress no later than January 1st, 2018, on the
 6         impact of the Bureau of Vital Healthcare and related agencies,
 7         departments, and laws upon the U.S. healthcare system,
 8         including but not limited to, the impact on Medicaid and
 9         Medicare costs and continuing necessity or lack thereof, the
10         impact on SCHIP costs and continuing necessity or lack thereof,
11         and the possibility and feasibility of merging other U.S.
12         departments which provide healthcare services with the Bureau
13         of Vital Healthcare or its related departments.
14         (b) ADDITIONAL POWERS GRANTED.—The Committee on
15 Vital Healthcare will have the capability, but not the obligation, to
16 carry out the following tasks:
17             (1) Designate a required room size for Medical Feedback
18         Centers as specified in section 219(b)(1).
19             (2) Meet with Healthcare Recipients and concerned parties,
20         as well as hold meetings specifically for members of the
21         Committee on Vital Healthcare.
22             (3) Designate a new value formulation for Starting Grants as
23         specified in section 209(b).
24             (4) Oversee and regulate, unless otherwise specified, all
25         aspects of the Bureau of Vital Healthcare mentioned in section
26         216. The Committee on Vital Healthcare, unless otherwise
27         specified, shall have the power to exercise all duties and powers
28         of the Bureau of Vital Healthcare if it so chooses.
29             (5) Specify changes to the standardized training process for
30         Feedback Center Representatives mentioned in section
33


 1         216(b)(7), or creation of a new training process for any
 2         employees or department of the Bureau of Vital Healthcare.
 3             (6) Establish such departmental classifications as are
 4         necessary to improve efficiency, simplicity, and transparency of
 5         the Bureau of Vital Healthcare and its departments.
 6             (7) Adapt the process for re-defining Starting Grants as
 7         Extended or Diminished Grants specified in section 210(b) to
 8         more accurately reflect new data pertaining to which Vital
 9         Healthcare Agencies are performing well as opposed to poorly,
10         so long as said process continues to be based upon the
11         weighting of the Cumulative Rating Averages specified in
12         section 211.
13             (8) Specify necessary costs, or expenses, for Vital
14         Healthcare Agencies that are essential to the upkeep of Vital
15         Healthcare Agencies in general, or in that area or given
16         circumstance, such as expenses resulting from building/property
17         taxes or damage not covered by insurance due to disasters,
18         maintenance and janitorial expenses, costs for Medical
19         Feedback Centers, payroll, etc., as well as ranges for these
20         different operating expenses to fall into, or be reimbursed for.
21         These costs should in turn be tied to other variables, such as
22         cost per Healthcare Recipient, or cost as a portion of the VHA's
23         total operating expenses; rather than being inflexible.
24         Furthermore, this is not to allow rationing of healthcare
25         services, and to involve solely expenses that do not qualify as
26         healthcare services; which expenses are to be reimbursed as per
27         section 212.
28 SEC. 216. BUREAU OF VITAL HEALTHCARE
29         (a) PURPOSE.—The purpose of the Bureau of Vital Healthcare
30 is to oversee the practical, day to day regulation of Vital Healthcare
34


 1 Agencies as well as the structure by which said VHAs exist, and to
 2 enforce the statutes of the Committee on Vital Healthcare.
 3         (b) DUTIES.—The following duties are to be fulfilled by the
 4 Bureau of Vital Healthcare:
 5            (1) Collect on an annual basis, for the year ending
 6         December 31st, the following information for each Medical
 7         Feedback Center, using the Server for Vital Healthcare:
 8                (A) Total Healthcare Recipients served.
 9                (B) Cumulative rating averages for the two questions
10            evaluating VHA performance, collected for each VHA from
11            the Server for Vital Healthcare, as specified in section
12            217(b)(8).
13            (2) Collect on an annual basis, for the year ending
14         December 31st, the following information from each Vital
15         Healthcare Agency:
16                (A) Total expenses and operating expenses incurred.
17                (B) Total grant monies provided.
18            (3) Determine which Hospitals are eligible to receive
19         Starting Grants according to the process enumerated in section
20         208.
21            (4) Specify grant allowances of Starting Grants to each new
22         Vital Healthcare Agency as per section 209.
23            (5) Specify new grant allowances, by which Starting Grants
24         may become Extended or Diminished Grants, according to the
25         process specified in section 210.
26            (6) Send the grant amount allotted for a given Vital
27         Healthcare Agency to it on an annual basis, no later than
28         January 31st of each year, taking into account any additional
29         fiscal reimbursements to be provided as stated in section 212.
35


 1      (7) Oversee a standardized, effective training process for
 2   Feedback Center Representatives whereby each is
 3   knowledgeable of:
 4          (A) His or her duties, and how to perform them, as laid
 5      out in section 220.
 6          (B) The role of a Medical Feedback Center as specified
 7      in section 219.
 8          (C) The role of a Vital Healthcare Agency as specified
 9      in section 207.
10          (D) The operation of the Feedback Center Surveillance
11      System, as specified in section 224.
12          (E) Operation and maintenance of both Healthcare
13      Entrance Machines and Healthcare Voting Machines.
14          (F) General info about:
15             (i) Starting Grants
16             (ii) Diminished Grants
17             (iii) Extended Grants
18             (iv) The Bureau of Vital Healthcare
19             (v) The Server for Vital Healthcare
20             (vi) The Public Transparency Website
21          (G) Confidentiality requirements as specified in section
22      218.
23          (H) Any security procedures the Committee of Vital
24      Healthcare or Bureau of Vital Healthcare may adopt.
25          (I) Definition of Healthcare Recipients as specified in
26      section 201.
27          (J) The signing of all applicable agreements pertaining
28      to abortion specified in section 101(c).
29          (K) Contact information necessary for assistance from
30      the Bureau of Vital Healthcare.
36


 1             (8) Enforce, or aid in enforcing penalties specified in this
 2         title in conjunction with all applicable federal agencies.
 3             (9) Establish fact-checking processes to ensure funds for
 4         Starting Grants, Diminished Grants, and Extended Grants are
 5         going to the correct Vital Healthcare Agencies, and that all
 6         federal monies funded to the Bureau of Vital Healthcare,
 7         Committee of Vital Healthcare, and Vital Healthcare Agencies
 8         are being properly used.
 9             (10) Ensure proper accounting procedures are in place for
10         Vital Healthcare Agencies, the Bureau of Vital Healthcare, and
11         the Committee of Vital Healthcare.
12             (11) Oversee regulations and duties of Vital Healthcare
13         Agencies, Medical Feedback Centers, Feedback Center
14         Surveillance Systems, and the Server for Vital Healthcare to
15         ensure said regulations and duties are being fulfilled.
16             (12) Ensure Medical Feedback Centers are provided with all
17         materials necessary for operation, including working Healthcare
18         Entrance Machines and Healthcare Voting Machines.
19             (13) Regulate creation and distribution processes of
20         Healthcare Entrance Machines and Healthcare Voting Machines
21         to ensure quality.
22             (14) Such other duties as the Committee on Vital Healthcare
23         shall specify.
24 SEC. 217. SERVER FOR VITAL HEALTHCARE
25         (a) DEFINITIONS.—The term "Server for Vital Healthcare" or
26 "SVH" refers to the online server(s) and the secure facility or facilities
27 housing said server(s), as well as a backup server(s), used for housing
28 and maintaining in all confidentiality the feedback records, Visit Status,
29 and Personally Identifiable Information of Healthcare Recipients for
30 purposes of evaluating grant monies of Vital Healthcare Agencies,
31 coordinating information for use by HEMs and HVMs, and generally
37


 1 providing quality healthcare services to qualified Healthcare
 2 Recipients. For purposes of oversight, this shall be considered a
 3 department of the Bureau of Vital Healthcare.
 4         (b) DATA COLLECTED, DEFINED.—The following minimal
 5 data is to be collected and stored on the Server for Vital Healthcare for
 6 purposes of verifying valid Healthcare Recipients and setting levels of
 7 Extended Grants and Diminished Grants:
 8             (1) Patient names as specified in section 218(b)(1),
 9         219(b)(2), and section 220(b)(2).
10             (2) Patient identification numbers as specified in section
11         218(b)(2).
12             (3) Barcodes for Healthcare Recipient Cards as specified in
13         section 221(b)(3).
14             (4) Patient Date of Births as specified in section 218(b)(4)
15         and section 220(b)(2).
16             (5) Patient Housing Addresses as specified in section
17         218(b)(2) and section 220(b)(2).
18             (6) Patient Fingerprint Records as specified in section
19         201(b)(2).
20             (7) Patient Visit Status as specified in section 220(b)(5).
21             (8) Cumulative Average Ratings for the three segments of
22         Healthcare Recipients that voted via Healthcare Voting
23         Machines, as tracked for each and every Vital Healthcare
24         Agency; which process is specified in section 211, and to be
25         separated by the 2-year periods specified in section 210(b).
26             (9) The number of basic checkups received per fiscal year,
27         as specified in section 203(a)(2).
28             (10) The number of Well baby and well child exams
29         received per child, as specified in section 203(a)(5).
30             (11) The number of dosage treatments provided for each
31         individual Sexually Transmitted Disease over a 15-year period,
38


 1         as well as the data of the first dosage treatment, which shall
 2         mark the beginning of the 15-year period, as specified in section
 3         203(a)(33) through section 203(a)(38).
 4         (c) DATA TRANSFER.—An important aspect of the Server for
 5 Vital Healthcare will be its transmission of data to Healthcare Entrance
 6 Machines, Healthcare Voting Machines, and reception areas of Medical
 7 Feedback Centers. The Server for Vital Healthcare is to ensure to the
 8 best of its ability the constant functioning and accessibility of its data
 9 housing and transfer aspects.
10 SEC. 218. CONFIDENTIALITY
11         (a) IN GENERAL.—Any employee of the Bureau of Vital
12 Healthcare or its departments, Committee of Vital Healthcare, Medical
13 Feedback Centers, or any other person with access to the storage by
14 such groups of Personally Identifiable Information of Healthcare
15 Recipients, or who assists in the communication with the public on
16 behalf of said organizations for purposes of receiving such Personally
17 Identifiable Information of Healthcare Recipients, who is discovered to
18 be unlawfully disclosing the information of said Personally Identifiable
19 Information of Healthcare Recipients shall be subject to the penalties
20 described in section 552(i) of the Privacy Act of 1974 [5 U.S.C. 552i].
21         (b) DEFINITION OF PERSONALLY IDENTIFIABLE
22 INFORMATION.—The term "Personally Identifiable Information" or
23 "PII" refers to information that can be used to distinguish or trace an
24 individual's identity and includes, but is not limited to, the following
25 forms of data:
26             (1) Names, as specified in section 219(b)(2) and section
27         217(b)(1).
28             (2) Housing addresses as specified in section 217(b)(5) and
29         section 220(b)(2)..
30             (3) Fingerprints as specified in section 201(b)(2) and section
31         217(a)(6).
39


 1             (4) Date of births as specified in section 217(b)(4) and
 2         section 220(b)(2)..
 3             (5) Identification numbers as specified in section 221(b)(2).
 4             (6) Barcodes as specified in 217(b)(3), section 221(b)(3)
 5         (c) TRAINING REQUIREMENT.—All employees of the
 6 Bureau of Vital Healthcare, Committee on Vital Healthcare, Server for
 7 Vital Healthcare, and Medical Feedback Centers are to be trained on
 8 the standards of the Privacy Act of 1974 [5 U.S.C. 552] as relating to
 9 data confidentiality and protection of PII, including penalties for
10 disclosure of PII as specified in section 215(b)(6)(G) of the Privacy Act
11 of 1974. The training process shall be determined by the Committee on
12 Vital Healthcare as specified in section 215(b)(5).
13   PART D—PROCESS OF PROVIDING BASIC HEALTHCARE
14 SEC. 219. MEDICAL FEEDBACK CENTERS
15         (a) DEFINITION.—A "Medical Feedback Center" or "MFC" as
16 defined in this Act refers to the public reception area separating a given
17 Vital Healthcare Agency from entrances to the outside of the building.
18 This reception area exists primarily to:
19             (1) Provide Healthcare Recipient Cards to Healthcare
20         Recipients
21             (2) Ensure only eligible Healthcare Recipients receive
22         services from the Vital Healthcare Agency in question, and
23             (3) Provide voting services whereby Healthcare Recipients
24         can evaluate the care received.
25         (b) DESIGN OF A MEDICAL FEEDBACK CENTER.—The
26 design for the Medical Feedback Centers is to have the following
27 minimum features:
28             (1) 4-sided as a room, and square or rectangular in shape,
29         with only the opposing ends having accessible entrances. One
30         end is to serve as entrance to the outside, and the other
31         accessing that area of the building containing the Vital
40


 1   Healthcare Agency. There is to be no restriction on required
 2   room size for a Medical Feedback Center unless so designated
 3   by the Committee on Vital Healthcare.
 4       (2) A reception desk area in the center of the room with at
 5   least one working computer terminal, blank Healthcare
 6   Recipient Cards, a device for generating names, identification
 7   numbers, and barcodes on said Healthcare Recipient Cards, and
 8   a fingerprint kit.
 9       (3) An aisle or aisles on the left side of the reception desk
10   area as looking towards the entrance adjoining the Vital
11   Healthcare Agency. This aisle or aisles will be used for
12   entering the Vital Healthcare Agency, and contain at least 2
13   working and publicly accessible Healthcare Entrance Machines
14   during all operating hours for a given Medical Feedback Center.
15   These machines are to be clearly visible in the entrance aisle(s)
16   to Healthcare Recipients in the Medical Feedback Center.
17       (4) An aisle or aisles on the right side of the reception desk
18   area as looking towards the entrance adjoining the Vital
19   Healthcare Agency. This aisle or aisles will be used for exiting
20   the Vital Healthcare Agency, and contain at least 2 working and
21   publicly accessible Healthcare Voting Machines during all
22   operating hours for a given Medical Feedback Center. These
23   machines are to be clearly visible in the exit aisle(s) to
24   Healthcare Recipients in the Medical Feedback Center,
25   although obscuring objects are allowed for placement between
26   the HVMs and the Feedback Center Surveillance System, as
27   specified in section 224(b)(2).
28       (5) Posters stating in both English and Spanish, "Vote here
29   on your Hospital experience with your Healthcare Recipient
30   Card", are to be placed in plain view on the wall of a Medical
31   Feedback Center beside each Healthcare Voting Machine.
41


 1         (c) ADDITIONAL SPECIFICATIONS.—The following
 2 specifications must be met by Vital Healthcare Agencies:
 3            (1) Medical Feedback Centers must be placed at all public
 4        entrances, excluding those used for emergency room entrance
 5        purposes.
 6                (A) Additional entrances are allowed for emergency use,
 7            so long as they are reserved for Healthcare Recipients
 8            requiring ambulatory care, and those well enough to leave
 9            through a Medical Feedback Center are directed to leave
10            through a Medical Feedback Center, provided a Healthcare
11            Recipient Card if they do not already have one, and
12            informed of the voting booths on their way out.
13            (2) A Medical Feedback Center may serve as both a lobby
14        and a Medical Feedback Center so long as all requirements of
15        section 207(b) are met.
16                (A) Multiple entrances from the outside into a Medical
17            Feedback Center are permitted so long as they are along the
18            wall opposing the entrance into the Vital Healthcare
19            Agency.
20                (B) A Medical Feedback Center dually serving as a
21            lobby for its Vital Healthcare Agency (it may not serve as a
22            lobby or have inter-connecting access ways to for any area
23            of the building serving as a Hospital, as opposed to a Vital
24            Healthcare Agency) is free to ask additional questions of
25            Healthcare Recipients for the intent of providing healthcare
26            services.
27            (3) A Medical Feedback Center's outside entrance or
28        entrances are not required to directly access the outside part of
29        the building. Up to one room is allowed between each entrance
30        and the outside part of the building, provided that the only
42


 1         doorways in these rooms are to the outside part of the building
 2         and to the Medical Feedback Center.
 3             (4) Additional security personnel and/or security measures
 4         may be utilized as necessary.
 5 SEC. 220. DUTIES OF THE FEEDBACK CENTER
 6                 REPRESENTATIVE
 7         (a) DEFINITION.—A "Feedback Center Representative" or
 8 "FCR" as defined in this Act refers to an on-site representative of the
 9 Bureau of Vital Healthcare overseeing a Medical Feedback Center for
10 purposes of ensuring quality healthcare services are being provided.
11         (b) DUTIES.—A Feedback Center Representative's desk is to
12 be located in the center of a Medical Feedback Center, staffed by no
13 less than one Feedback Center Representative and have all materials
14 ascribed to it in section 219(b)(2). The job duties of the Feedback
15 Center Representative or Representatives are as follows:
16             (1) Check citizenship status for those without Healthcare
17         Recipient Cards via the process stated in section 201(b)(1).
18         Those who are verified as U.S. citizens are to be given a
19         personalized Healthcare Recipient Card as specified in section
20         221.
21             (2) Record into the Server for Vital Healthcare the full
22         Name, Date of Birth, and Housing Address of the Healthcare
23         Recipient receiving a new Healthcare Recipient Card.
24             (3) Fingerprint those who receive a Healthcare Recipient
25         Card and have said fingerprints scanned into the Server for
26         Vital Healthcare according to the process specified in section
27         201(b)(2).
28             (4) Provide Healthcare Recipient Cards to patients who
29         entered through an emergency exit, and inform them of their
30         right to vote with those cards as specified in section
31         219(c)(1)(A).
43


 1             (5) If the patient will be receiving healthcare services during
 2         the visit, record the Healthcare Recipient's Visit Status as
 3         'Active' as opposed to 'Inactive' on the Server for Vital
 4         Healthcare.
 5             (6) If dually serving as a lobby, ask for and record/input any
 6         additional information required by the Vital Health Agency, as
 7         specified in section 219(c)(2)(B).
 8 SEC. 221. HEALTHCARE RECIPIENT CARDS
 9         (a) DEFINITION.—The term "Healthcare Recipient Card"
10 refers to the card issued to a Healthcare Recipient entering a VHA
11 through a Medical Feedback Center that will allow him or her to
12 evaluate the services received upon leaving and quickly receive
13 medical access in the future.
14         (b) DESIGN.—Healthcare Recipient Cards are to be 3.5 inches
15 long and 2 inches wide. Healthcare Recipient Cards are to have
16 machine-inscribed upon them the following information for each
17 individual patient:
18             (1) The patient's name,
19             (2) A unique system-assigned identification number, and
20             (3) A scannable barcode specific to each Healthcare
21         Recipient.
22 SEC. 222. HEALTHCARE ENTRANCE MACHINES
23         (a) DEFINITION.—The term "Healthcare Entrance Machine"
24 or "HEM" refers to those machines in the entrance aisle of a Medical
25 Feedback Center allowing for rapid access to services via scanning of a
26 Healthcare Recipient Cards and fingerprint scans.
27         (b) DESIGN.—The Committee on Vital Healthcare shall no
28 later than December 31st, 2012 specify a standard design for Healthcare
29 Entrance Machines. The Committee on Vital Healthcare shall have the
30 right to update this standard at any time.
44


 1         (c) STANDARD FEATURES.—All Healthcare Entrance
 2 Machines are to have the following features:
 3             (1) A user-friendly interface.
 4             (2) Language selection upon startup.
 5             (3) Card reading device for insertion and subsequent reading
 6         of Healthcare Recipient Cards for purposes of verifying identity
 7         as a Healthcare Recipient.
 8             (4) Fingerprint-scanning device for purposes of verifying
 9         identity as the valid bearer of said Healthcare Recipient Card.
10             (5) Screen verification in the language selected upon startup
11         of either accepted card verification and subsequent access to
12         healthcare services, or rejected card verification and subsequent
13         denial to healthcare services.
14             (6) Data transfer capability for ready transfer of data to
15         Healthcare Voting Machines of Visit Status and to the Server
16         for Vital Healthcare for the time of visit.
17 SEC. 223. HEALTHCARE VOTING MACHINES
18         (a) DEFINITION.—The term "Healthcare Voting Machine" or
19 "HVM" refers to those machines in the exit aisle of a Medical
20 Feedback Center allowing for easy access to voting and feedback
21 services via scanning of a Healthcare Recipient Card.
22         (b) DESIGN.—The Committee on Vital Healthcare shall no
23 later than December 31st, 2012 specify a standard design for Healthcare
24 Voting Machines. The Committee on Vital Healthcare shall have the
25 right to update this standard at any time.
26         (c) STANDARD FEATURES.—All Healthcare Voting
27 Machines are to have the following features:
28             (1) A user-friendly interface.
29             (2) Language selection upon startup.
30             (3) Card reading device for insertion and subsequent reading
31         of Healthcare Recipient Cards for purposes of verifying the
45


 1   bearer recently received healthcare services that warrant
 2   feedback.
 3      (4) Data transfer capability for ready transfer of collected
 4   information to the Server for Vital Healthcare for the time of
 5   visit and from Healthcare Entrance Machines for
 6   acknowledgement of a Healthcare Recipient's current Visit
 7   Status.
 8      (5) Upon verification of a valid Healthcare Recipient Card
 9   for a Healthcare Recipient and selection of a language,
10   submission of the following questions in the designated
11   language:
12             (A) "Did this Vital Healthcare Agency/Hospital provide
13      you with good healthcare service?" This question is to be
14      accompanied with the following voting options; each
15      assigned a rating of 1-5, with (i) being 1 point and (v) being
16      5 points, and is to be the first question asked:
17                (i) "Definitely not, the VHA provided horrible
18             healthcare service to me."
19                (ii) "No, the VHA provided bad healthcare service to
20             me."
21                (iii) "I am not sure."
22                (iv) "Yes, the VHA provided good healthcare service
23             to me."
24                (v) "Very much so, the VHA provided excellent
25             healthcare service to me."
26             (B) "Should this VHA/Hospital receive more or less
27      government funding?" This question is to be accompanied
28      by the following voting options; each assigned a rating of 1-
29      5, with (i) being 1 point and (v) being 5 points, and is to be
30      the second question asked:
46


 1                      (i) "Yes, the VHA should receive more government
 2                  funding."
 3                      (ii) "No, the current funding level for this VHA is
 4                  appropriate."
 5                      (iii) "No, this VHA should have less government
 6                  funding."
 7                      (iv) "I am not sure."
 8                  (C) Any additional questions that the Bureau on Vital
 9              Healthcare may choose to ask of all Healthcare Recipients
10              across the United States or a given region, such as "Should
11              illegal immigrants have access to healthcare services?" or
12              "Should abortion be government-funded by this healthcare
13              system?"
14              (6) An additional form for purposes of allowing Healthcare
15           Recipients to submit complaints and/or feedback to the Bureau
16           of Vital Healthcare.
17       PART E—PUBLIC ACCOUNTABILITY STRUCTURE
18 SEC. 224. FEEDBACK CENTER SURVEILLANCE AS
19                  ASSURANCE OF PROPER VOTING PROCESS
20           (a) DEFINITION.—The term "Feedback Center Surveillance
21 System" or "FCSS" refers to the video camera or system of video
22 cameras stationed within a Medical Feedback Center for purposes of
23 ensuring Vital Healthcare Agencies, staff of said Vital Healthcare
24 Agencies, or other obstacles are not interfering with the rights of
25 Healthcare Recipients to medical access and feedback pertaining to that
26 access.
27           (b) CAMERA SYSTEM REQUIREMENTS.—The following
28 requirements apply to Feedback Center Surveillance Systems:
29              (1) Every Medical Feedback Center is required to have at
30           least two video camera angled to view the reception desk, the
47


 1         Healthcare Entrance Machines, and the Healthcare Voting
 2         Machines.
 3             (2) There must not be visibility of Healthcare Voting
 4         Machines such that the screens and thus information/feedback
 5         of Healthcare Recipients is visible. The primary objective is
 6         ensuring that Healthcare Recipients are able to access the HEMs
 7         and HVMs, not to observe the HVM itself. If screens of HVMs
 8         will otherwise be visible, either the camera locations should be
 9         changed or an obscuring object placed between the camera and
10         the screens of the Healthcare Voting Machines in question.
11             (3) The FCSS is required to record footage of the designated
12         area of the Medical Feedback System during all operating hours
13         of the Vital Health Agency.
14             (4) Camera footage must show the real-time info for the
15         date and time of footage as it was being recorded.
16         (c) PENALTIES.—Tampering of this system by a Vital
17 Healthcare Agency, an employee of a Vital Healthcare Agency, or any
18 other person may be subject to the fines and term of imprisonment
19 specified in section 201(c).
20         (d) WEBSITE UPLOAD.—All footage must be uploaded to the
21 Server for Vital Healthcare no later than one month from the time of
22 the oldest recorded footage yet to be uploaded.
23 SEC. 225. PUBLIC TRANSPARENCY WEBSITE
24         (a) IN GENERAL.—The Server for Vital Healthcare and
25 Bureau of Vital Healthcare shall oversee creation of a new government
26 website, www.bvh.gov, for purposes of allowing Healthcare Recipients
27 to review FCSS video footage that the processes in this Act might be
28 kept publicly transparent and accountable, of providing Healthcare
29 Recipients with an additional, accessible voting option, and providing
30 such other information sources as may prove beneficial for the public
31 understanding of the Bureau of Vital Healthcare.
48


 1         (b) DESIGN.—The website is to have the following features:
 2             (1) An online version of the Healthcare Voting Machine's
 3         format, with the language selection feature specified in section
 4         223(c)(2), the questions specified in section 223(c)(5), and the
 5         feedback form specified in section 223(c)(6). For verification
 6         purposes, the website should require input by a Healthcare
 7         Recipient of their name, identification number (which number is
 8         specified in section 221(b)(2)), and date of visit to the Vital
 9         Healthcare Agency.
10             (2) Online storage of video surveillance footage for each
11         Medical Feedback Center as specified in section 224(d). This
12         footage is to be freely accessible to the public. Additionally,
13         there is to be a search engine that will allow online users to
14         easily locate their Vital Healthcare Agency, and thus its video
15         footage archives, by zip code search.
16             (3) An updated list of current Vital Healthcare Agencies,
17         searchable by zip code and entering a given street address and
18         search radius to receive a list of VHAs within that radius.
19             (4) An updated list of the Hospitals currently applying to
20         become Vital Healthcare Agencies that are not yet approved.
21 SEC. 226. ENCOURAGEMENT OF CITIZEN WATCHDOG
22                 GROUPS
23         Citizen watchdog groups and the general public are encouraged
24 to provide oversight, comments on, and accountability for the public
25 transparency website. As such, comments, opinions, and public
26 participation are to be strictly protected from regulation apart from
27 removing comments for purposes of profanity, pornography, racism,
28 sexism, spamming, hacking, advertising/solicitation, and comments
29 suggesting or supporting illegal activities.
49


 1                  TITLE III. PRIVATE SECTOR
 2 SEC. 301. MAINTAINING THE CURRENT PRIVATE SECTOR
 3         All Hospitals and providers of healthcare or social services
 4 currently authorized to operate under U.S. law are free to continue
 5 offering medical services. Public sector/Private Sector Hospitals, as
 6 defined in this Act, can operate in the same building, so long as both
 7 areas are definitively separated from each other per section 207(b)(1).
 8                   TITLE VI—TORT REFORM
 9 SEC. 401. HOSPITAL LAWSUITS
10         (a) EFFECTIVE DATE.—Upon passage of this Act as law, the
11 losing party in a lawsuit against a Hospital or Hospital employee will
12 be required to pay the other's legal fees in addition to any court
13 sentencing, with such sum not to exceed $5,000.
14         (b) SHARING OF RESPONSIBILITY FOR A VHA BASED
15 UPON HOURS WORKED.—Employees of a Vital Healthcare Agency
16 found at fault by a court of law for malpractice are to have the cost of
17 such court-decided fees shared by the Vital Healthcare Agency they
18 worked for at the time of the incident in the following manner:
19             (1) 5% of the malpractice fees will be paid for by the VHA
20         for whom the employee worked at the time of the incident if the
21         employee at fault worked at least 60 hours in the 7 day period
22         involving the incident (with the last day the day of the incident,
23         and then counting the 6 days previous).
24             (2) An additional 5% of the malpractice fees are to be paid
25         by the VHA for whom the employee worked at the time of the
26         incident for each additional 5 hours that the employee worked
27         above 60 hours. 10% of the malpractice fees are to be paid if
28         the employee worked 65 hours in the 7 day period, 15% if the
29         employee worked 70 hours in the 7 day period, etc.
30 SEC. 402. EMPLOYEE HOURS
50


 1         (a) RESTRICTION AGAINST OVERWORK
 2 REQUIREMENTS.—To avoid overwork, and subsequent dangers to a
 3 patient, no employee at a Vital Healthcare Agency may be required to
 4 work more than 16 hours in a day.
 5         (b) VIOLATION PENALTIES.—VHA supervisors/employers
 6 found to be coercing and/or requiring VHA employees to work beyond
 7 this time period will be subject to a $10,000-$100,000 fine and/or 1
 8 year in prison if convicted by a court of law.
 9 SEC. 403. ACCOUNTABILITY FOR PUBLIC OFFICIALS
10         (a) BAN ON PUBLIC OFFICE FOR CONVICTED
11 OFFICIALS.—Any judge, district attorney, or prosecutor henceforth
12 found guilty of any crime above a misdemeanor shall be barred from
13 running for public office for a period of 15 years, unless the decision is
14 overturned.
15         (b) HARSHER SENTENCING FOR CASE
16 MISHANDLING.—Any judge, district attorney, or prosecutor found
17 guilty of mishandling a case so that an innocent person is convicted
18 will be subject to cumulative prison terms of those persons wrongfully
19 convicted, and those found innocent pardoned and paid $50,000 per
20 year of imprisonment. This monetary fee will be first exacted from the
21 estate of the judge(s)/prosecutor(s)/district attorney(s) found guilty, and
22 the remainder to be paid by the federal government.
23         (c) ALLOWANCE FOR JUDGES TO SPEAK PUBLICLY ON
24 BELIEFS.—Judges running for reelection will be henceforth allowed
25 to speak publicly about their opinions on political issues and general
26 mindset towards judicial decision-making for purposes of providing
27 voters with the information necessary to make educated decisions about
28 whether or not to re-elect them. No rule by the American Bar
29 Association or any other organization outside of the U.S. government
30 may be esteemed as punishing a judge for expressing their opinions on
31 judicial philosophy or political or religious beliefs given the need for
51


 1 the American people to understand the nature of their judges, and the
 2 simple facts that impartiality neither includes nor implies lack of
 3 human opinions, and no purely human, judicial law is so thorough as to
 4 remove the elements of interpretation and thus opinion and personal
 5 conviction.
 6 SEC. 404. JUDICIAL TRANSPARENCY WEBSITE
 7         (a) NEW WEBSITE SECTIONS.—This section authorizes the
 8 creation of new website pages on www.uscourts.gov,
 9 www.uscourts.gov/judgelinks and www.uscourts.gov/prosecutorlinks,
10 whereby citizens can search for a judge via name, court type, or
11 geographic location, and for a prosecutor by name, court type, or
12 geographic location. These website pages shall appear in substance
13 similar to the page at www.uscourts.gov/courtlinks, but instead provide
14 as search results links to the profiles of judges and prosecutors. This
15 system is to have the following features:
16               (1) Profiles for judges are to show hyperlinks to recent court
17         decisions made by the judge and hyperlinks of all overturned
18         court decisions in which that judge had made the initial decision
19         only to have it later overturned in a retrial. Each case shown
20         should be hyperlinked to the respective case summary for it on
21         www.pacer.psc.uscourts.gov.
22               (2) Profiles for prosecutors are to show as a percentage the
23         number of cases won out of total cases, hyperlinks to recent
24         cases, and hyperlinks to recently lost cases. Each case shown
25         should be hyperlinked to the respective case summary for it on
26         www.pacer.psc.uscourts.gov.
52


 1   TITLE V—PROVIDING SUBSIDIES FOR MEDICAL
 2                               EDUCATORS
 3 SEC. 501. PREREQUISITES FOR MEDICAL INSTRUCTORS
 4                 TO RECEIVE SUBSIDIES
 5         (a) PURPOSE.—The purpose of this section is to provide
 6 suitable payment for instructors in medical education.
 7         (b) REQUIREMENTS.—To be eligible for a government
 8 subsidy, an educator must first meet the following requirements:
 9             (1) Either be:
10                 (A) Currently certified as a CNA (Certified Nursing
11             Assistant), or
12                 (B) Currently certified as a medical professional by the
13             ABMS (American Board of Medical Specialties)
14             (2) Be certified to teach at the college level.
15 SEC. 502. SUBSIDY FORMULATION FOR MEDICAL
16                 INSTRUCTORS
17         (a) IN GENERAL.—Medical instructors who meet the
18 requirements of section 501(b) to be eligible for a government subsidy
19 shall be eligible to receive from the Department of Labor one of the
20 following amounts, annually, based upon experience in their field, so
21 long as they remain employed by a college as an instructor in medical
22 education for a given year:
23             (1) If having 2-3 combined years of experience as a CNA or
24         as a medical professional certified by the American Board of
25         Medical Specialties, a subsidy of $30,000 is to be provided by
26         the Department of Labor for those with less than 4 years of
27         education towards a teaching degree, a subsidy of $35,000 is to
28         be provided by the Department of Labor for those with 4-7
29         years of education towards a teaching degree, and a subsidy of
30         $40,000 is to be provided by the Department of Labor for those
31         with 8 or more years of education towards a teaching degree.
Vital Healthcare Act
Vital Healthcare Act
Vital Healthcare Act
Vital Healthcare Act
Vital Healthcare Act
Vital Healthcare Act

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Vital Healthcare Act

  • 1. A BILL To provide affordable government funding for vital healthcare services to all legal American citizens while keeping intact market competitiveness and quality of care in both the public and private sectors, and preventing such healthcare services from funding, or participating with in any way abortions or abortion providers. ____________________________________ 1 Be it enacted by the Senate and the House of Representatives in 2 the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; 4 GENERAL DEFINITIONS 5 (a) SHORT TITLE.—This Act may be referred to as the "Vital 6 Healthcare Act". 7 (b) TABLE OF CONTENTS.—The table of contents for this 8 Act is as follows: Sec. 1. Short title; table of contents; general definitions Sec. 2. General effective date TITLE I—ABORTION EXCLUSION Sec. 101. No Abortions Clause TITLE II—PUBLIC SECTOR Part A—Defining Basic Healthcare Rights Sec. 201. Definition of a Healthcare Recipient Sec. 202. Methodology for Determination of Essential Healthcare Services Sec. 203. Essential Healthcare Services Defined Sec. 204. Non-Essential Healthcare Services Defined Sec. 205. Reimbursed Healthcare Services Defined Sec. 206. Healthcare Service Restrictions Part B—Grant Process for Hospital Providers of Basic Healthcare Sec. 207. Vital Healthcare Agencies Sec. 208. Starting Grants Sec. 209. Process of Determining Starting Grant Allowances Sec. 210. Extended and Diminished Grants Sec. 211. Compiling Cumulative Rating Averages
  • 2. 2 Sec. 212. Additional Fiscal Reimbursements to VHAs Part C—Forming of a Regulating Committee for Basic Healthcare Sec. 213. Design of the Committee on Vital Healthcare Sec. 214. Voting Process of the Committee on Vital Healthcare Sec. 215. Duties of the Committee on Vital Healthcare Sec. 216. Bureau of Vital Healthcare Sec. 217. Server for Vital Healthcare Sec. 218. Confidentiality Part D—Process of Providing Basic Healthcare Sec. 219. Medical Feedback Centers Sec. 220. Duties of the Feedback Center Representative Sec. 221. Healthcare Recipient Cards Sec. 222. Healthcare Entrance Machines Sec. 223. Healthcare Voting Machines Part E—Public Accountability Structure Sec. 224. Feedback Center Surveillance as Assurance of Proper Voting Process Sec. 225. Process of Making Video Surveillance Publicly Accessible Sec. 226. Encouragement of Citizen Watchdog Groups TITLE III—PRIVATE SECTOR Sec. 301. Maintaining the Current Private Sector TITLE VI—TORT REFORM Sec. 401. Hospital Lawsuits Sec. 402. Employee Hours Sec. 403. Accountability for Public Officials Sec. 404. Judicial Transparency Website TITLE V—PROVIDING SUBSIDIES FOR MEDICAL EDUCATORS Sec. 501. Subsidies for Medical Instructors Sec. 502. Subsidy Formulation for Medical Instructors Sec. 503. Cap On Subsidy-Increased Salaries Sec. 504. Federal Aid for Medicals Professionals Seeking To Become Educators TITLE VI—HEALTH INSURANCE REGULATION Sec. 601. Ban On Ownership in Tobacco and Nicotine Companies Sec. 602. Restrictions On Pre-Existing Conditions TITLE VII-APPROPRIATIONS Sec. 701. The Vital Healthcare Fund 1 (c) GENERAL DEFINITIONS.—Except as otherwise provided, 2 in this Act:
  • 3. 3 1 (1) HOSPITAL.—The term "Hospital" as defined in this 2 Act has the meaning assigned in section 1861(e) of the Social 3 Security Act [42 U.S.C. 1395x]. 4 (2) VITAL HEALTHCARE AGENCY.—The term "Vital 5 Healthcare Agency" or "VHA" has the meaning given such term 6 under section 207(a). 7 (3) HEALTHCARE RECIPIENT.—The term "Healthcare 8 Recipient" has the meaning given such term under section 9 201(a). 10 (4) BUREAU OF VITAL HEALTHCARE.—The term 11 "Bureau of Vital Healthcare" as it is used in this Act refers to 12 the regulating bureau overseeing Vital Healthcare Agencies, 13 which has as its leadership the Committee of Vital Healthcare, 14 and the purpose and duties of which are outlined in section 216. 15 (5) HEALTHCARE SERVICES.—The term "healthcare 16 services" as it is used in this Act refers specifically to the 17 Essential Healthcare Services and Reimbursed Healthcare 18 Services for which Vital Healthcare Agencies are federally 19 funded by this Act to provide. 20 (6) MEDICAL FEEDBACK CENTER.—The term 21 "Medical Feedback Center" or "MFC" has the meaning given 22 such term under section 219(a). 23 (7) FEEDBACK CENTER REPRESENTATIVE.—The 24 term "Feedback Center Representative" has the meaning given 25 such term under section 220(a). 26 (8) COMMITTEE OF VITAL HEALTHCARE.—The term 27 "Committee of Vital Healthcare" as it is used in this Act refers 28 to the leadership committee regulating and overseeing the 29 Bureau of Vital Healthcare and established for the purposes 30 listed in section 213(a).
  • 4. 4 1 (9) SERVER FOR VITAL HEALTHCARE.—The term 2 "Server for Vital Healthcare" or "SVH" has the meaning given 3 such term under section 217(a). 4 (10) HEALTHCARE ENTRANCE MACHINE.—The term 5 "Healthcare Entrance Machine" or "HEM" has the meaning 6 given such term under section 222(a). 7 (11) HEALTHCARE VOTING MACHINE.—The term 8 "Healthcare Voting Machine" has the meaning given such term 9 under section 223(a). 10 (12) ESSENTIAL HEALTHCARE SERVICES.—The term 11 "Essential Healthcare Services" refers to those services 12 specified in section 203(a). 13 (13) NON-ESSENTIAL HEALTHCARE SERVICES.— 14 The term "Non-Essential Healthcare Services" refers to those 15 services specified in section 204(a). 16 (14) REIMBURSED HEALTHCARE SERVICES.—The 17 term "Reimbursed Healthcare Services" refers to those services 18 specified in section 205(a). 19 (15) HEALTHCARE RECIPIENT CARD.—The term 20 "Healthcare Recipient Card" has the meaning given such term 21 under section 221(a). 22 (16) STARTING GRANT.—The term "Starting Grant" has 23 the meaning given such term under section 208(a). 24 (17) DIMINISHED GRANT.—The term "Diminished 25 Grant" has the meaning given such term under section 210(a). 26 (18) EXTENDED GRANT.—The term "Extended Grant" 27 has the meaning given such term under section 210(a). 28 (19) VHA DISTRICT.—The term "VHA District" has the 29 meaning given such term under section 209(a).
  • 5. 5 1 (20) CUMULATIVE RATING AVERAGE.—The term 2 "Cumulative Rating Average" or "CRA" has the meaning given 3 such term under section 211(a). 4 (21) VHA APPROVAL RATING.—The term "VHA 5 Approval Rating" has the meaning given such term under 6 section 210(b)(1). 7 (22) PUBLIC SECTOR.—The term "Public Sector" as used 8 in this Act refers specifically to U.S. Government-funded 9 healthcare services. 10 (23) PRIVATE SECTOR.—The term "Private Sector" as 11 used in this Act refers specifically to healthcare services that are 12 not funded by the U.S. Government. 13 (24) FEEDBACK CENTER SURVEILLANCE 14 SYSTEM.—The term "Feedback Center Surveillance System" 15 or "FCSS" has the meaning given such term under section 16 224(a). 17 (25) PERSONALLY IDENTIFIABLE INFORMATION.— 18 The term "Personally Identifiable Information" or "PII" has the 19 meaning given such term under section 218(b). 20 (26) IDENTIFICATION NUMBER.—The term 21 "identification number" refers to the unique system-assigned 22 identification number for a given Healthcare Recipient upon 23 receiving a Healthcare Recipient Card as specified in section 24 221(b)(2). 25 (27) BARCODE.—The term "barcode" refers to the unique 26 system-assigned identification number for a given Healthcare 27 Recipient upon receiving a Healthcare Recipient Card as 28 specified in section 221(b)(3). 29 (28) PUBLIC TRANSPARENCY WEBSITE.—The term 30 "Public Transparency Website" refers to the publicly accessible 31 website to be created for purposes of easy-access voting on
  • 6. 6 1 received healthcare services and viewing FCSS video footage 2 for purposes of system accountability, as specified in section 3 225(a). 4 SEC. 2. GENERAL EFFECTIVE DATE 5 Except as otherwise specified within this act, all committees, 6 bureaus, services, grants, laws, etc. set forth within this act are to take 7 effect on the exact date on which this Act is enacted into law. 8 TITLE I—ABORTION EXCLUSION 9 SEC 101. NO ABORTIONS CLAUSE 10 (a) IN GENERAL.—Nothing in this Act or this Act's language 11 may be construed as providing additional government funding for 12 abortion services. Abortion, for purposes of this Act alone, will not be 13 considered healthcare for all of the reasons stated in section 202(a)(3). 14 (b) STATED BOUNDARIES. —All committees, bureaus, 15 services, grants, laws, etc. that are funded by, created by, or instituted 16 by this Act are to remain free of and separate from abortion providers 17 and abortion services. Hospitals and Vital Healthcare Agencies that 18 choose to fund abortions must not do so in facilities or upon grounds 19 funded by this Act. Under no conditions are any committees, bureaus, 20 or grants instituted by this Act to coordinate with abortion groups. 21 (c) EMPLOYEE RESTRICTIONS.—The following restrictions 22 are to apply to all employees of the Bureau of Vital Healthcare and its 23 departments, which Bureau excludes Vital Healthcare Agencies but not 24 Medical Feedback Centers and Feedback Center Representatives: 25 (1) No employees of the Bureau of Vital Healthcare may 26 have in their work history employment by an organization 27 whose primary purpose was to provide abortions, or have past 28 affiliation with such an organization through volunteer activities 29 for said organization or a daughter organization of such an 30 organization whose primary purpose was to provide abortions, 31 without signing the following statement: "I publicly denounce
  • 7. 7 1 my former cooperation with organizations who provided 2 abortions and agree not to use my employment with the Bureau 3 of Vital Healthcare to support organizations who provide 4 abortions, or to endorse abortions or organizations whose 5 primary purpose is to provide abortions, while in representation 6 of or employment by the Bureau of Vital Healthcare." 7 Employees or potential employees of the Bureau of Vital 8 Healthcare Employees of the Bureau of Vital Healthcare 9 discovered with such past history who refuse to sign this 10 statement are to be fired or not employed. 11 (2) New employees of the Bureau of Vital Healthcare must 12 sign the following statement prior to employment by the Bureau 13 of Vital Healthcare: "I agree not to use my employment as a 14 representative of the Bureau of Vital Healthcare to endorse 15 organizations whose primary purpose is to provide abortions, or 16 to endorse abortion to members of the general public while an 17 employee of the Bureau of Vital Healthcare. I agree not to 18 involve myself with organizations whose primary purpose is to 19 provide abortions while I am employed by the Bureau of Vital 20 Healthcare, either during work hours or outside of my 21 workplace, and to disclose in writing to the Bureau of Vital 22 Healthcare any such past instances of said involvement. I 23 understand that violation of these terms will mean termination 24 of my employment with the Bureau of Vital Healthcare." 25 (3) Employees discovered to be supporting organizations 26 that provide abortions either during work hours for the Bureau 27 of Vital Healthcare or outside the Bureau of Vital Healthcare 28 though employed by the Bureau of Vital Healthcare, or to be 29 endorsing abortion activities to the general public during work 30 hours for the Bureau of Vital Healthcare are to be immediately
  • 8. 8 1 fired, with no provision for re-employment so long as evidence 2 of innocence in such matter is not clearly evidenced. 3 (d) CLAUSE INHERENT TO ACT AND NOT TO AFFECT 4 ROE V. WADE.—Nothing in this Act or this Act's language may be 5 construed as affecting Roe v. Wade outside of and apart from this Act 6 and the services, governing bodies, laws, etc. instituted by it. Federal 7 services, laws, governing bodies, etc. in place before the institution of 8 this Act shall remain unaffected by this Act. 9 (e) NECESSARY AND CONDITIONED SECTION.— 10 Removal of, or changes to this section require that this entire Act 11 become null and void, along with all committees, bureaus, services, 12 grants, laws, etc. that are instituted and/or funded by this Act. This Act 13 is to avoid all involvement with organizations that seek to provide 14 abortions. The word 'all' as used in the previous sentence refers to all 15 points in time, past, present, and future. 16 TITLE II—PUBLIC SECTOR 17 PART A—DEFINING BASIC HEALTHCARE RIGHTS 18 SEC. 201. DEFINITION OF A HEALTHCARE RECIPIENT 19 (a) IN GENERAL.—For purposes of this Act, a Healthcare 20 Recipient shall be defined as a legalized American citizen, and thus 21 eligible to receive U.S. government-funded services from a Vital 22 Healthcare Agency. 23 (b) PROCESS OF PROVING CITIZENSHIP.—The process for 24 establishing citizenship referred to in section 220(b)(1) shall use those 25 forms required by the U.S. Census Bureau's BC-170D as of May 3, 26 2006, namely the provision of one document from List A or List B, and 27 one document from List C, as found within the section titled 28 "Identification you need to bring to the testing site". 29 (1) Upon presentation of the adequate documents by a 30 prospective Healthcare Recipient to the Feedback Center 31 Representative in a Medical Feedback Center, the Feedback
  • 9. 9 1 Center Representative shall use electronic means to verify the 2 data provided and establish identity. 3 (2) Upon the establishment of a person's identity via 4 presentation of acceptable documents and electronic 5 verification, the Feedback Center Representative of a Medical 6 Feedback Center shall fingerprint the Healthcare Recipient; 7 which fingerprints shall then be scanned into the Server for 8 Vital Healthcare for future use with Healthcare Entrance 9 Machines. 10 (c) RIGHT TO SERVICES.—All Healthcare Recipients shall 11 have the rights to receive the medical services specified within this Act, 12 and to provide feedback on said services so long as it does not 13 constitute a violation of section 206 or section 224. Discrimination that 14 results in a denial of healthcare services, or intentional tampering with 15 a Healthcare Recipient's right to receive said healthcare services and/or 16 provide feedback about such services so long as it does not violate 17 section 204 or section 206, shall be considered a violation of Federal 18 law and punishable by a fine of up to $5,000 and/or up to 5 years in 19 jail. 20 SEC 202. METHODOLOGY FOR DETERMINATION OF 21 ESSENTIAL HEALTHCARE SERVICES 22 (a) METHODOLOGY FOR DETERMINING ESSENTIAL 23 HEALTHCARE SERVICES DEFINED.—As defined by this Act, such 24 vital healthcare services are based on the following principles (for 25 purposes of this Act, these principles apply solely to the language of 26 this Act, without affecting other U.S. law or federal services, including 27 Roe v. Wade): 28 (1) NO FAULT.—High-risk lifestyle choices such as 29 alcoholism and smoking are controllable and thus whose 30 consequence, i.e. related healthcare treatment, should be borne 31 by the individual, and not the society.
  • 10. 10 1 (2) ESSENTIAL RIGHTS.—To what degree does the 2 healthcare assist in the Constitutional, inalienable rights of the 3 individual, first life, then liberty, and finally the pursuit of 4 happiness? Healthcare that is based upon choice as opposed to 5 inalienable rights, e.g. cosmetic surgery, shall not be borne by 6 American taxpayers, for with choices must come personal 7 consequence and responsibility. 8 (3) NO HARM.—Healthcare that harms another's 9 Constitutional, inalienable rights in the process apart from their 10 consent should not be borne by society, but by the individual, if 11 allowed at all (e.g. abortion). For purposes of this Act, the U.S. 12 government shall err on the side of caution when potentially 13 taking another human being's life, with the burden of proof 14 upon the party seeking to potentially infringe upon another 15 individual's inalienable rights that, as stated by the Declaration 16 of Independence, are dependent upon a Creator and no other 17 individual's opinion, desire for said individual, or estimation. 18 (4) EFFICIENCY AND CONSISTENCY.—Essential 19 services must have a proven track record of consistently 20 providing measurable, consistent, and curative gains in the 21 quality of a person's basic health; i.e. healthcare which is clearly 22 beneficial. Rarely tested drugs of dubious, highly varying, or 23 ill-tested effect, or whose outcome is difficult to quantify, e.g. 24 medicinal depression treatments, are not reliably effective 25 enough for cost sharing by American taxpayers until proven 26 otherwise. 27 SEC 203. ESSENTIAL HEALTHCARE SERVICES DEFINED 28 (a) DEFINITION.—The term "Essential Healthcare Services" 29 as defined in this Act refers to the following healthcare services which 30 must be provided by all Vital Healthcare Agencies. Hospitals that 31 cannot or will not provide such services to all legal American citizens
  • 11. 11 1 will not be recognized as Vital Healthcare Agencies eligible for 2 Starting Grants: 3 (1) Vaccinations required by U.S. Law, recommended by 4 the Center for Disease Control and Prevention, or recommended 5 by the American Medical Association 6 (2) Basic medical checkups (maximum of 1 per fiscal year 7 per individual) 8 (3) Physicals as required by a public school 9 (4) Intensive Care 10 (5) Well baby and well child exams (maximum of 3 visits 11 per child) 12 (6) Prenatal and Postnatal Care 13 (7) Treatment of broken and fractured bones 14 (8) Treatment of torn ligaments 15 (9) Treatment of damaged tendons 16 (10) Treatment for damaged muscles 17 (11) Treatment for deafness/damaged hearing 18 (12) Treatment for blindness/damaged eyesight 19 (13) Treatment for hemorrhaging 20 (14) Treatment for paralysis 21 (15) Treatment for choking 22 (16) Treatment for Stroke 23 (17) Treatment for Epilepsy 24 (18) Treatment for Fetal Alcohol Syndrome Disorders 25 (19) Breast cancer treatment 26 (20) Lung cancer treatment 27 (21) Colorectal cancer treatment 28 (22) Gynecologic cancer treatment 29 (23) Skin cancer treatment 30 (24) Prostate cancer treatment 31 (25) Liver disease treatment
  • 12. 12 1 (26) Heart disease treatment 2 (27) Arthritis treatment 3 (28) Diabetes treatment 4 (29) Hepatitis treatment 5 (30) Asthma treatment 6 (31) Bronchitis treatment 7 (32) Heart bypass surgery 8 (33) Treatment of Trichomoniasis (to consist of a maximum 9 of 2 separate dosages of prescription drugs for treatment each 10 15 years) 11 (34) Treatment of Chlamydia (to consist of a maximum of 2 12 separate dosages of prescription drugs for treatment each 15 13 years) 14 (35) Treatment of Gonorrhea (to consist of a maximum of 2 15 separate dosages of prescription drugs for treatment each 15 16 years) 17 (36) Treatment of Genital Herpes and Herpes Simplex Virus 18 1 and 2 (to consist of a maximum of 2 separate dosages of 19 prescription drugs for treatment each 15 years) 20 (37) Treatment of Syphilis (to consist of a maximum of 2 21 separate dosages of prescription drugs for treatment each 15 22 years) 23 (38) Treatment of Pelvic Inflammatory Disease (to consist 24 of a maximum of 2 separate dosages of prescription drugs for 25 treatment each 15 years) 26 (39) Treatment of Acanthomoeba infection 27 (40) Treatment of African Trypanosomiasis 28 (41) Treatment of Alveolar Echinococcosis 29 (42) Treatment of Amebiasis 30 (43) Treatment of Anaplasmosis 31 (44) Treatment of Anisakiasis
  • 13. 13 1 (45) Treatment of Arenaviruses 2 (46) Treatment of Ascariasis 3 (47) Treatment of Aspergillosis 4 (48) Treatment of Avian influenza virus 5 (49) Treatment of B Virus 6 (50) Treatment of Babesiosis 7 (51) Treatment of Bacterial Vaginosis 8 (52) Treatment of Balantidiasis 9 (53) Treatment of Baylisascaris infection 10 (54) Treatment of Botulism 11 (55) Treatment of Capillariasis 12 (56) Treatment of Chronic Obstructive Pulmonary Disease 13 (57) Treatment of Clonorchis Infection 14 (58) Treatment of Clostridium Difficile 15 (59) Treatment of Dipylidium Infection 16 (60) Treatment for E. Coli 17 (61) Treatment for Giardiasis 18 (62) Treatment of H1N1 Flu 19 (63) Treatment of Klebsiella Pneumoniae 20 (64) Treatment of Lyme disease 21 (65) Treatment for Meningitis 22 (66) Treatment of Pneumoconioses 23 (67) Treatment of Pneumonia 24 (68) Treatment for Staphylococcus aureus and Healthcare- 25 Associated Methicillin-Resistant Staphylococcus aureus 26 (69) Treatment for Scabies 27 (70) Treatment for Salmonella 28 (71) Treatment of Tetanus 29 (72) Treatment for Tuberculosis 30 (73) Prescription drugs for the above approved purposes that 31 have been approved by the FDA
  • 14. 14 1 (b) PROVISION FOR UPDATING.—The list in section 203(a) 2 may be updated by the Committee on Vital Healthcare as outlined in 3 section 215(a)(2)(A). 4 (c) LIFE-SAVING CARE.—Emergency life-saving care is to 5 be provided on the assumption that an individual is a Healthcare 6 Recipient regardless of status of an individual as a Healthcare 7 Recipient, and as such will be federally reimbursed regardless of 8 whether an individual is a Healthcare Recipient or not. Use of 9 emergency vehicles for said purpose will also be considered an 10 Essential Healthcare Service. 11 SEC. 204. NON-ESSENTIAL HEALTHCARE SERVICES 12 DEFINED 13 (a) DEFINITION.—The following healthcare services will not 14 be federally paid for using government funds distributed to Vital 15 Healthcare Agencies: 16 (1) In Vitro Fertilisation 17 (2) Alcoholism treatment 18 (3) Gastric Bypass Surgery 19 (4) Cosmetic Surgery 20 (5) Midwives 21 (6) Depression treatment 22 (7) Reconstructive Surgery 23 (8) Treatment for Alzheimer's Disease 24 (9) Chronic Fatigue Syndrome 25 (b) PROVISION FOR UPDATING.—The list in section 204(a) 26 may be updated by the Committee on Vital Healthcare as outlined in 27 section 215(a)(2)(B). 28 (c) CONDITIONS.—In the cases of cancers/tumors and 29 unintended appearance-altering emergencies (e.g. facial damage as the 30 result of 3rd-degree burns) Reconstructive Surgery may be considered 31 an aspect of treatment and in such event that it is necessary for
  • 15. 15 1 reconstruction, to correct an abnormality caused by a cancer, tumor, or 2 accident, an Essential Healthcare Service and funded as such. 3 (d) REQUIREMENTS FOR CHANGE TO ESSENTIAL 4 HEALTHCARE SERVICE.—Treatments of Depression and 5 Alzheimer's Disease may not be added to section 203(a) and the list of 6 Essential Healthcare Services, save for those treatments indisputably 7 shown to provide substantial curative effects within 2 months in at least 8 80% of cases diagnosed. 9 SEC. 205. REIMBURSED HEALTHCARE SERVICES DEFINED 10 (a) DEFINITION.—The following healthcare services are not 11 required for Vital Healthcare Agencies to provide, if said Vital 12 Healthcare Agencies do not have the technology or personnel needed to 13 perform such services, however, if provided, they are to be reimbursed 14 in the same way that Essential Healthcare Services under section 203 15 are reimbursed, including the provision of prescription drugs: 16 (b) PROVISION FOR UPDATING.—This list in section 205(a) 17 may be updated by the Committee on Vital Healthcare as outlined in 18 section 213(a)(2)(C). 19 (c) OBLIGATION TO PROVIDE.—A Vital Healthcare 20 Agency that at any time after January 1st, 2011 provides any of the 21 services specified in section 205(a) is required to afterwards make 22 available such service(s) previously provided to a Healthcare Recipient 23 to all Healthcare Recipients. By providing at any time after January 1st, 24 2011, one of the section 205(b) Reimbursed Healthcare Services to a 25 Healthcare Recipient, a Vital Healthcare Agency will demonstrate its 26 capability of providing said service and have as its obligation to make 27 said service available in the future, so that such a service will not be 28 discriminatorily provided in select circumstances. 29 SEC. 206. HEALTHCARE SERVICE RESTRICTIONS 30 (a) PURPOSES.—The purpose for restricting treatment is to 31 avoid an unnecessary burden upon American taxpayers and the
  • 16. 16 1 American government in treating those who violate the section 2 202(a)(1) "NO FAULT" rule. The purpose for an effective date is to 3 allow those currently indulging in high-risk behaviors time to reform 4 their lifestyles and avoid the penalties of this section. 5 (b) EFFECTIVE DATE.—Beginning on January 1st, 2015, and 6 not before, the entirety of this section shall take effect. 7 (c) RESTRICTED TREATMENT FOR 8 TOBACCO/NICOTINE USERS.—Healthcare recipients determined to 9 be using tobacco or nicotine products by a Vital Healthcare Agency 10 that are not for cessation purposes, as evidenced by clear symptoms 11 during medical diagnosis, will not be eligible for the following 12 healthcare services, that would otherwise be federally paid for using 13 government funds distributed to Vital Healthcare Agencies, for a period 14 of 3 years, beginning on the date which said determination was made, 15 after which time tobacco/nicotine use will be re-evaluated upon request 16 by the Vital Healthcare Agency: 17 (1) Lung cancer treatment 18 (2) Heart disease treatment 19 (3) Heart bypass surgery 20 (4) Diabetes treatment 21 (5) Bronchitis treatment 22 (6) Colorectal cancer treatment 23 (7) Treatment of Chronic Obstructive Pulmonary Disease 24 (d) RESTRICTED TREATMENT FOR ALCOHOL USERS.— 25 Healthcare recipients determined to be drinking alcohol by a Vital 26 Healthcare Agency will not be eligible for the following healthcare 27 services, that would otherwise be federally paid for using government 28 funds distributed to Vital Healthcare Agencies, for a period of 3 years, 29 beginning on the date which said determination was made, after which 30 time alcohol use will be re-evaluated upon request by the Vital 31 Healthcare Agency:
  • 17. 17 1 (1) Heart disease treatment 2 (2) Heart bypass surgery 3 (3) Prostate cancer treatment 4 (4) Liver disease treatment 5 (5) Treatment for Stroke 6 (6) Colorectal cancer treatment 7 (e) ALLOWANCE FOR CITIZENS TO DISPUTE 8 FINDINGS.—Healthcare recipients who wish to dispute such findings 9 may: 10 (1) Ask the Vital Healthcare Agency who made the initial 11 determination to re-evaluate them, which decision shall be up to 12 the Vital Healthcare Agency in question, and/or 13 (2) Choose evaluation via a different Vital Healthcare 14 Agency (who must render testing and a decision within 3 15 months of the request). 16 (f) LIMITATIONS UPON REQUESTS FOR RE- 17 EVALUATION.—Vital Healthcare Agencies do not need to accept 18 more than 1 re-evaluation request per Healthcare Recipient's 3-year ban 19 period. Healthcare Recipients may not request re-evaluations from 20 more than 1 additional Vital Healthcare Agency during the 3 year 21 period in which they are excluded from certain healthcare services. 22 PART B—GRANT PROCESS FOR HOSPITAL PROVIDERS OF 23 BASIC HEALTHCARE 24 SEC. 207. VITAL HEALTHCARE AGENCIES 25 (a) DEFINITION.—The term "Vital Health Agency" or "VHA" 26 as defined in this Act refers to the U.S. Hospitals meeting the 27 requirements for a VHA who, upon being approved by the Committee 28 on Vital Healthcare, gain funding from the U.S. government in the 29 form of a Starting Grant to provide basic healthcare services to 30 Healthcare Recipients.
  • 18. 18 1 (b) REQUIREMENTS FOR A VHA.—To become a 2 government-funded, Vital Healthcare Agency, a Hospital must certify 3 in writing to the Bureau of Vital Healthcare that it meets the following 4 requirements of a Vital Healthcare Agency: 5 (1) Be at all times partitioned/walled from all areas of the 6 Hospital not part of the Vital Healthcare Agency and meet all 7 specifications for Medical Feedback Centers stated in section 8 219. All points of public entry must be through Medical 9 Feedback Centers, save those allowed for emergency use as 10 specified in section 219(c)(1)(A). 11 (2) Meet the requirements of a Starting Grant as specified in 12 section 208(b). 13 (3) Provide the Essential Healthcare Services specified in 14 section 203(a). 15 (4) Provide any applicable Reimbursed Healthcare Services 16 specified in section 205(c). 17 (5) Submit on a yearly basis to the Bureau of Vital 18 Healthcare the following information for the Hospital/VHA for 19 the fiscal year: 20 (A) Total Healthcare Recipients served. 21 (B) Total expenses and operating expenses incurred, 22 with treatment expenses classified as Essential, Non- 23 Essential, or Reimbursed, as relating to sections 203, 24 204, and 205 respectively. 25 (C) Total grant monies received. 26 (6) Require medical personnel to track the number of 27 checkups, visits, or dosages for those items listed in section 28 203(a) as having a 'maximum' provision requirement, and 29 ensure this data is recorded in the Server for Vital Healthcare as 30 specified in section 216(b).
  • 19. 19 1 (7) Comply with the re-evaluation requests of Healthcare 2 Recipients according to the process specified in section 205(e) 3 and section 205(f). 4 (8) Fulfill such additional duties as may be specified by the 5 Committee on Vital Healthcare. 6 (c) CERTIFICATION AS A VHA.—Upon being approved as a 7 VHA by the Bureau of Vital Healthcare the Bureau of Vital Healthcare 8 shall list the new VHA on the www.bvh.gov website as an approved 9 Vital Healthcare Agency, as specified in section 225(b)(3). 10 (d) ALLOWANCE FOR CHARITY CARE.—A Vital 11 Healthcare Agency is permitted to provide free healthcare services to 12 non-Healthcare Recipients, provide the Non-Essential Healthcare 13 Services listed in section 204(b) to Healthcare Recipients, and provide 14 the Restricted Healthcare Services listed in section 206(c) and section 15 206(d) to the respective Healthcare Recipients who, because of their 16 lifestyle choices are according to said section denied Federally 17 reimbursed treatment, so long as it is recognized that a Vital Healthcare 18 Agency which does so will not be Federally reimbursed for such non- 19 funded healthcare services, and does so wholly of its own accord. 20 (e) ENDING STATUS AS A VHA.—A Vital Healthcare 21 Agency reserves the right to end its status as a Vital Healthcare Agency 22 at the end of any fiscal year, notwithstanding it shall still be 23 accountable for any fiscal obligations relating to its term as a Vital 24 Healthcare Agency. 25 SEC. 208. STARTING GRANTS 26 (a) DEFINITION.—The term "Starting Grant" as defined in this 27 Act refers to the initial funding for a newly approved Hospital as a 28 Vital Healthcare Agency, without which said Hospital may not become 29 a Vital Healthcare Agency.
  • 20. 20 1 (b) ELIGIBILITY FOR A STARTING GRANT.—A given 2 Hospital may only become eligible for a Starting Grant through the 3 following two methods: 4 (1) Receive certification by the Centers For Medicare and 5 Medicaid Services (CMS) as a Vital Healthcare Agency and 6 have said certification intact at the time of application for a 7 Starting Grant. 8 (2) Present a petition consisting solely of the following 9 language and signed by no less than 5% of the residents in the 10 Hospital's district to the Committee on Vital Healthcare: "We, 11 the residents of [name of Hospital's district] affirm our support 12 for [name of Hospital] to become a government-funded Vital 13 Healthcare Agency." 14 (c) REAPPLICATION PROCESS FOR A STARTING 15 GRANT.—Hospitals that had VHA status but lost it are not eligible to 16 reapply for a 5-year period. Upon reapplying, a Hospital must obtain 17 signatures from an additional 5% of district residents than in the 18 previous 5-year period, e.g. 5% for the 1st attempt, 10% for the 2nd 19 attempt, 15% for the 3rd attempt, etc. Previous signers of a petition 20 must re-sign for each new petition for their support of a given 21 Hospital's new petition to be recognized and counted by the Committee 22 on Vital Healthcare. 23 SEC. 209. PROCESS OF DETERMINING STARTING GRANT 24 ALLOWANCES 25 (a) DEFINITION OF VHA DISTRICT.—The term "VHA 26 District" refers to the area occupied by a given Vital Healthcare 27 Agency, and which it is considered to share with other Vital Healthcare 28 Agencies. If a Vital Healthcare Agency is in a Metropolitan Statistical 29 Area or a Micropolitan Statistical Area, the Metropolitan or 30 Micropolitan Statistical Area shall be considered the VHA District for 31 the Vital Healthcare Agencies that inhabit it. If a Vital Healthcare
  • 21. 21 1 Agency does not occupy a Metropolitan or Micropolitan Statistical 2 Area the Congressional District will instead be considered the VHA 3 District. 4 (b) FORMULAIC PROCESS FOR VALUING A STARTING 5 GRANT.—The monetary value of a Starting Grant shall be provided to 6 a given VHA that has met the requirements of section 208(b), based on 7 the Bureau of Vital Healthcare's application of the following formula to 8 a given Vital Healthcare Agency: 9 (1) Multiply the number of residents in the VHA District by 10 $1,000. $1,000 is to be the base starting cost of healthcare for a 11 given Healthcare Recipient in a VHA District. 12 (2) Divide the result by the 'Total establishments' in said 13 Metropolitan or Micropolitan Statistical Area. The 'Total 14 establishments' can be found in the Census Bureau's 'County 15 Business Patterns (NAICS)' report for Industry Code 622; 16 'Hospitals'. Dividing by 'Total establishments' establishes the 17 allotment share for a specific Hospital or VHA 18 (3) If the VHA is not in a Metropolitan or Micropolitan 19 Statistical Area, an estimation of residents and Hospital 20 establishments within the Congressional district may instead be 21 substituted. This effectually determines the average residents 22 served by a Hospital in a given Metropolitan or Micropolitan 23 Statistical Area. 24 (b) PROCESS FOR CHANGING FORMULATION.—The 25 Committee on Vital Healthcare shall have the power to change this 26 formula after January 1st, 2013. 27 (c) ADJUSTMENT FOR INFLATION.—The base starting cost 28 for a given Healthcare Recipient, $1,000, is to be adjusted for inflation 29 by the Bureau of Vital Healthcare for each fiscal year beginning 30 January 1st, 2012.
  • 22. 22 1 SEC. 210. EXTENDED AND DIMINISHED GRANTS 2 (a) IN GENERAL.—The Bureau of Vital Healthcare shall use 3 data collected from Medical Feedback Centers to re-define the levels of 4 what were originally Starting Grants, that either by increasing they 5 become Extended Grants, or by decreasing, Diminished Grants. 6 (b) FORMULAIC PROCESS FOR RE-DEFINING 7 GRANTS.—The following basic process shall be utilized by the 8 Bureau of Vital Healthcare as a framework to ultimately set new grant 9 levels as of January 1st, 2013, and every 2 years subsequent to this; e.g. 10 January 1st, 2015, January 1st, 2017, etc: 11 (1) The Bureau of Vital Healthcare shall determine the 12 Cumulative Rating Averages for the three segments of a given 13 Vital Healthcare Agency as specified in section 211. The 14 separate CRAs are to be weighted by multiplying the CRA for 15 Healthcare Recipients inside the VHA District by 65%, the 16 CRA for Healthcare Recipients in adjoining VHA Districts by 17 30%, and the CRA for all other Healthcare Recipients by 5%. 18 The separate resulting totals, now weighted, are to be added 19 together to attain the "VHA Approval Rating", which expresses 20 the voting approval of Healthcare Recipients, primarily as 21 relating to the immediate VHA District and surrounding area for 22 the VHA in question. 23 (2) The VHA Approval Ratings are to be compared among 24 Vital Healthcare Agencies in the VHA District. For purposes of 25 determining Extended and Diminished Grants, the formula used 26 shall be identical to that specified in section 209(b) for valuing 27 Starting Grants, but the value of the base starting cost of a given 28 Healthcare Recipient in the VHA District specified in section 29 209(b)(1) as $1,000 is to be changed; higher for Extended 30 Grants, and lower for Diminished Grants. If not changed from
  • 23. 23 1 the value of $1,000, the VHA with such a value shall be 2 esteemed to maintain the status of a Starting Grant. 3 (c) SPECIFIC SCENARIOS.— 4 (1) VHAs with VHA Approval Ratings at or above 3.75 5 and below 4.25 are to remain at Starting Grant status or 6 improve to receive Extended Grant status. If a given VHA, 7 which meets such a condition, has a VHA Approval Rating 8 above the average VHA Approval Rating of all VHAs in the 9 VHA District, that VHA is to receive an Extended Grant 10 with a gain in the base starting cost of a Healthcare 11 Recipient in the VHA District, for purposes of its grant 12 funding formulation as specified in section 210(b)(2), 13 equivalent to the difference between its own VHA Approval 14 Rating and the average VHA Approval Rating of all VHAs 15 in the VHA District, divided by 5.0, added to 1.0, and 16 multiplied by $1,000 to receive the new Extended Grant 17 value for the VHA. If a given VHA, which meets such a 18 condition, has a VHA Approval Rating at or below the 19 average VHA Approval Rating of all VHAs in the VHA 20 District, it is to maintain its Starting Grant status. This new 21 value shall be the base starting cost per Healthcare Recipient 22 for the VHA. 23 (2) VHAs with VHA Approval Ratings at or above 4.25 24 are to receive Extended Grant status. A given VHA, which 25 meets this condition, is to receive a gain in the base starting 26 cost of a Healthcare Recipient in the VHA District, for 27 purposes of its grant funding formulations as specified in 28 section 210(b)(2), equivalent to the difference between the 29 VHA Approval Rating of said VHA and 2.50, divided by 30 5.0, added to 1.0, and multiplied by $1,000 to receive the 31 new Extended Grant value for the VHA. This new value
  • 24. 24 1 shall be the base starting per Healthcare Recipient for the 2 VHA. 3 (3) VHAs with VHA Approval Ratings below 3.75 are 4 to receive Diminished Grant status. A given VHA, which 5 meets this condition, is to receive a loss in the base starting 6 cost of a Healthcare Recipient in the VHA District, for 7 purposes of its grant funding formulations as specified in 8 section 210(b)(2), equivalent to the difference between its 9 VHA Approval Rating and the top VHA Approval Rating in 10 its VHA District, divided by the number of VHAs in the 11 VHA District, divided by 5.0, added to 1.0, and multiplied 12 by $1,000 to receive the new Extended Grant value for the 13 VHA. If such a VHA also meets the qualifications of 14 section 210(d)(2), that formula shall instead take 15 precedence. 16 (d) EXCEPTIONS.— 17 (1) A VHA with the best VHA Approval Rating in its 18 VHA District is to always receive Extended Grant status 19 unless it is the only VHA in its VHA District in which case 20 the formula in section 210(d)(2) shall instead be used. If 21 there are at least 2 VHAs in the VHA District, the VHA 22 with the best VHA Approval Rating is to become an 23 Extended Grant and receive a gain in the base starting cost 24 of a Healthcare Recipient in the VHA District, for purposes 25 of its grant funding formulation as specified in section 26 210(b)(2), equivalent to the difference between the best 27 VHA Approval Rating in the VHA District and the average 28 VHA Approval Rating of the other VHAs in the VHA 29 District, divided by 5.0, added to 1.0, and multiplied by 30 $1,000 to receive the new Extended Grant value for the 31 VHA (e.g. for a VHA with the top VHA Approval Rating of
  • 25. 25 1 4.5, and all other VHAs in the VHA District whose average 2 VHA Approval Rating was 3.7, the difference would be .8 3 which when divided by 5.0 would equal .16, upon addition 4 to 1.0 would become 1.16, and then by multiplying by 5 $1,000 would result in a new base starting cost of $1,160 6 per Healthcare Recipient for the aforementioned VHA with 7 the best VHA Approval Rating in the VHA District). This 8 new value shall be the base starting cost per Healthcare 9 Recipient for the VHA. If such a VHA also meets the 10 qualifications of section 210(c)(2), the formula in section 11 210(c)(2) shall instead take precedence. 12 (2) A VHA without other VHAs or Hospitals within a 13 30-mile radius, or without another VHA in its VHA District, 14 is not to receive a Diminished Grant for its first 5 years from 15 the time of receiving its initial Starting Grant. If the VHA 16 over those 5 years has VHA Approval Ratings averaging 17 below 2.50 the Bureau of Vital Healthcare is to seek 18 creation of a new VHA in a 15-mile radius of the VHA in 19 question, whether by expansion by a present VHA to a 20 second location, seeking relocation by another Hospital or 21 VHA, or another method. Until such occurrence, the VHA 22 shall receive a gain in the base starting cost of a Healthcare 23 Recipient in the VHA District, for purposes of its grant 24 funding formulation as specified in section 210(b)(2), only 25 if either its VHA Approval Rating is above the average 26 VHA Approval Rating of all VHAs in the state, in which 27 case it shall receive an increase in the base starting cost of a 28 Healthcare Recipient in the VHA District, for purposes of 29 its grant funding formulations as specified in section 30 210(b)(2), equivalent to the difference between the VHA 31 Approval Rating of said VHA and the average VHA
  • 26. 26 1 Approval Rating of all VHAs in the state, divided by 5.0, 2 added to 1.0, and multiplied by $1,000 to receive the new 3 Extended Grant value for the VHA. This new value shall be 4 the base starting per Healthcare Recipient for the VHA. 5 SEC. 211. COMPILING CUMULATIVE RATING AVERAGES 6 (a) DEFINITION.—The term "Cumulative Rating Average" 7 or "CRA" refers to the averaging of the ratings for the first two 8 questions asked on the Healthcare Voting Machines in the 9 Medical Feedback Centers for a given Vital Healthcare Agency, 10 as specified in paragraphs (c)(5)(A) and (c)(5)(B) of section 11 223. This shall result in three different CRAs for a given Vital 12 Healthcare Agency, each for a different segment of the 13 Healthcare Recipients who responded. 14 (b) SEGMENTS OF HEALTHCARE RECIPIENTS TO BE 15 TRACKED.—Cumulative Rating Averages are to be 16 maintained for each Vital Healthcare Agency, and for each 17 Vital Healthcare Agency, to be tracked for the following three 18 segments of Healthcare Recipients: 19 (1) Healthcare Recipients inside the VHA District. 20 (2) Healthcare Recipients in VHA Districts adjoining the 21 VHA District in question; not including the VHA District in 22 question itself. 23 (3) All other Healthcare Recipients; those Healthcare 24 Recipients outside of both the VHA District in question and 25 its adjoining VHA Districts. 26 (c) PROCESS OF DETERMINING A CRA.—Cumulative 27 Rating Averages are to be compiled for each segment, for each 28 Vital Healthcare Agency, and account for voter ratings taken 29 specifically over the 2-year periods specified in section 210(b), 30 as follows:
  • 27. 27 1 (1) Add the ratings that resulted from answers to the two 2 questions from paragraphs (c)(5)(A) and (c)(5)(B) of section 3 223 for Healthcare Recipients in the given segment, and 4 divide by the number of Healthcare Recipients who 5 provided ratings in that segment. This shall result in two 6 rating averages, one for ratings by Healthcare Recipient in 7 the given segment to the question in section 223(c)(5)(A), 8 and one for ratings by Healthcare Recipients in the given 9 segment to the question in section 223(c)(5)(B). 10 (2) Add the two rating averages that resulted together, and divide by 2. 11 This shall produce a Cumulative Rating Average for one of the 12 segments of Healthcare Recipients specified in section 211(b), for a 13 specific Vital Healthcare Agency. 14 SEC. 212. ADDITIONAL FISCAL REIMBURSEMENTS TO 15 VHAS 16 (a) IN GENERAL.—VHAs that report additional costs for 17 approved healthcare service expenses in a fiscal year such as for 18 Essential Healthcare Services, Reimbursed Healthcare Services, or for 19 a cost associated with necessary running of a Vital Healthcare Agency - 20 which costs associated with necessary running of a Vital Healthcare 21 Agency may be specified by the Committee on Vital Healthcare as well 22 as the acceptable range as stated in section 215(b)(8), are to be 23 reimbursed the additional amount specified, so long as there is a 24 thorough accounting of the reason for the expense. 25 (b) PROCESS FOR PAYMENT.—The additional costs for 26 approved healthcare service expenses in a fiscal year specified in 27 section 212(a) are to be provided each fiscal year in addition to the 28 grant monies, as specified in section 216(b)(6).
  • 28. 28 1 PART C—FORMING OF A REGULATING AGENCY FOR 2 BASIC HEALTHCARE 3 SEC. 213. DESIGN OF THE COMMITTEE ON VITAL 4 HEALTHCARE 5 (a) PURPOSES.—The Committee on Vital Healthcare shall be 6 created upon passage of this Act for purposes of oversight, regulation, 7 direction, and leadership of the Bureau of Vital Healthcare, and shall be 8 considered the leadership committee for the Bureau of Vital 9 Healthcare. 10 (b) MEMBERSHIP.—The membership of the Committee on 11 Vital Healthcare shall consist of representatives from recognized 12 medical institutions and non-profit groups. The following groups, and 13 specifically, the leaders afterwards indicated, shall choose their 14 respective representatives by whatever method they see fit: 15 (1) American Board of Medical Specialties - President and 16 CEO of the American Board of Medical Specialties 17 (2) American Medical Association – President of the 18 American Medical Association 19 (3) American College of Physicians – President of the 20 American College of Physicians 21 (4) American Dental Association – President of the 22 American Dental Association 23 (5) American Medical Student Association – National 24 President of the American Medical Student Association 25 (6) American Osteopathic Association – President of the 26 American Osteopathic Association 27 (7) AARP Foundation – President of the AARP Foundation 28 (8) American Board of Medical Specialties – President and 29 CEO of the American Board of Medical Specialties 30 (9) American Board of Internal Medicine – President and 31 CEO of the American Board of Internal Medicine
  • 29. 29 1 (10) American College of Emergency Physicians – 2 President of the American College of Emergency Physicians 3 (11) American Academy of Family Physicians – President 4 of the American Academy of Family Physicians 5 (12) American Nurses Association – President of the 6 American Nurses Association 7 (c) MEMBERSHIP REGULATIONS.—The following bylaws 8 apply to the selection process for representatives serving on the 9 Committee on Vital Healthcare: 10 (1) Each group indicated in section 213(b) shall have 11 exactly one representative every 3 years. This representative is 12 to be selected by the leader indicated and be a member of the 13 group/organization involved. 14 (2) The first representatives are to be chosen on January 1st, 15 2011. The second round of representatives will be chosen by 16 their respective organizations on January 1st 2014, the third 17 round of representatives chosen by their respective 18 organizations on January 1st, 2017, etc. 19 (3) The organization leaders indicated in section 213(b)(1) 20 as having the right to choose representatives for their respective 21 organizations are free to select themselves. 22 (4) The designated leaders of their respective organizations 23 listed in section 213(b)(1), and who have the right to pick the 24 representative for their organization, are to mail a signed letter 25 stating their selections for their respective organization's 26 representative on the Committee on Vital Healthcare to the 27 Clerk of the House for archiving and evidentiary purposes. 28 (5) No organization may elect the same individual as its 29 representative for 2 consecutive terms, although that individual 30 may be elected an unlimited number of times. However, no 31 individual person may serve in 2 consecutive sessions for the
  • 30. 30 1 Committee on Vital Healthcare, either by being elected twice in 2 a row by one organization, or via election by separate 3 organizations. 4 (6) A member's views on any issue or issues may not 5 disqualify them from sitting on the Committee on Vital 6 Healthcare, as diversity of thought is welcomed, and the 7 primary concern for each organization should be the sufficiency 8 of the representative to represent their best interests, a choice 9 the designated leader of that organization will be free to make 10 wholly within their own discretion. 11 SEC. 214. VOTING PROCESS FOR THE COMMITTEE ON 12 VITAL HEALTHCARE 13 (a) VOTING.—The Committee on Vital Healthcare is to have 14 as its leader the Chair of the Committee on Vital Healthcare, who shall 15 take recommendations from Committee of Vital Healthcare members 16 on issues and potential courses of action. 17 (b) SELECTION OF THE CHAIR OF THE COMMITTEE ON 18 VITAL HEALTHCARE.—The Chair of the Committee on Vital 19 Healthcare shall be responsible for bringing up issues, as they are 20 suggested by members of the Committee on Vital Healthcare, before 21 the Committee on Vital Healthcare for a vote, as well as keeping order 22 of the proceedings of the Committee on Vital Healthcare and ensuring 23 all members are given equal rights to speak for their organizations. The 24 selection process for the Chair on the first meeting shall be based upon 25 the reverse alphabetical order of last names. The Chair for January of 26 2011 will be the member with the last name in the alphabet. A 27 different Committee of Vital Healthcare member shall hold the Chair 28 each month of the fiscal year (January, February, March, etc.), with the 29 order passing from the member with the last name ranked last via 30 alphabetical ranking, to the member with the last name ranked 2nd to 31 last via alphabetical ranking, to the member with the last name ranked
  • 31. 31 1 3rd to last via alphabetical ranking, and so on until finally reaching the 2 member with the last name ranked 1st via alphabetical ranking. After 3 this happens, the order will begin once more with the member with the 4 last name ranked last via alphabetical ranking, and the process shall 5 repeat. In this way all Committee of Vital Healthcare members and 6 their respective organizations should hold the Chair at some time 7 during the 3-year period before new Committee of Vital Healthcare 8 members are chosen. 9 (c) ALLOWANCE FOR ADDING ORGANIZATIONS.— 10 Additional organizations may be added to the list in 213(b) and as such 11 have representatives on the Committee on Vital Healthcare only by 12 vote by formal vote of the Committee on Vital Healthcare, and 13 subsequent approval by 75% of all members. 14 SEC. 215. DUTIES OF THE COMMITTEE ON VITAL 15 HEALTHCARE 16 (a) DUTIES.—The duties of the Committee on Vital Healthcare 17 shall be as follows: 18 (1) Provide Starting Grants to Hospitals who meet the 19 qualifications of section 208(b). 20 (2) Update the following lists annually on March 1st: 21 (A) Essential Healthcare Services as specified in section 22 203(a). 23 (B) Non-Essential Healthcare Services as specified in 24 section (204)(a). 25 (C) Reimbursed Healthcare Services as specified in 26 section 205(a). 27 (3) Specify standards for: 28 (A) Healthcare Entrance Machines as specified in 29 section 222(b). 30 (B) Healthcare Voting Machines as specified in section 31 223(b).
  • 32. 32 1 (4) Update the base starting cost for a given Healthcare 2 Recipient to account for inflation as specified in section 209(c). 3 (5) Begin work on authorizing the creation of a research 4 team as of January 1st, 2016, which team is to provide its 5 findings to Congress no later than January 1st, 2018, on the 6 impact of the Bureau of Vital Healthcare and related agencies, 7 departments, and laws upon the U.S. healthcare system, 8 including but not limited to, the impact on Medicaid and 9 Medicare costs and continuing necessity or lack thereof, the 10 impact on SCHIP costs and continuing necessity or lack thereof, 11 and the possibility and feasibility of merging other U.S. 12 departments which provide healthcare services with the Bureau 13 of Vital Healthcare or its related departments. 14 (b) ADDITIONAL POWERS GRANTED.—The Committee on 15 Vital Healthcare will have the capability, but not the obligation, to 16 carry out the following tasks: 17 (1) Designate a required room size for Medical Feedback 18 Centers as specified in section 219(b)(1). 19 (2) Meet with Healthcare Recipients and concerned parties, 20 as well as hold meetings specifically for members of the 21 Committee on Vital Healthcare. 22 (3) Designate a new value formulation for Starting Grants as 23 specified in section 209(b). 24 (4) Oversee and regulate, unless otherwise specified, all 25 aspects of the Bureau of Vital Healthcare mentioned in section 26 216. The Committee on Vital Healthcare, unless otherwise 27 specified, shall have the power to exercise all duties and powers 28 of the Bureau of Vital Healthcare if it so chooses. 29 (5) Specify changes to the standardized training process for 30 Feedback Center Representatives mentioned in section
  • 33. 33 1 216(b)(7), or creation of a new training process for any 2 employees or department of the Bureau of Vital Healthcare. 3 (6) Establish such departmental classifications as are 4 necessary to improve efficiency, simplicity, and transparency of 5 the Bureau of Vital Healthcare and its departments. 6 (7) Adapt the process for re-defining Starting Grants as 7 Extended or Diminished Grants specified in section 210(b) to 8 more accurately reflect new data pertaining to which Vital 9 Healthcare Agencies are performing well as opposed to poorly, 10 so long as said process continues to be based upon the 11 weighting of the Cumulative Rating Averages specified in 12 section 211. 13 (8) Specify necessary costs, or expenses, for Vital 14 Healthcare Agencies that are essential to the upkeep of Vital 15 Healthcare Agencies in general, or in that area or given 16 circumstance, such as expenses resulting from building/property 17 taxes or damage not covered by insurance due to disasters, 18 maintenance and janitorial expenses, costs for Medical 19 Feedback Centers, payroll, etc., as well as ranges for these 20 different operating expenses to fall into, or be reimbursed for. 21 These costs should in turn be tied to other variables, such as 22 cost per Healthcare Recipient, or cost as a portion of the VHA's 23 total operating expenses; rather than being inflexible. 24 Furthermore, this is not to allow rationing of healthcare 25 services, and to involve solely expenses that do not qualify as 26 healthcare services; which expenses are to be reimbursed as per 27 section 212. 28 SEC. 216. BUREAU OF VITAL HEALTHCARE 29 (a) PURPOSE.—The purpose of the Bureau of Vital Healthcare 30 is to oversee the practical, day to day regulation of Vital Healthcare
  • 34. 34 1 Agencies as well as the structure by which said VHAs exist, and to 2 enforce the statutes of the Committee on Vital Healthcare. 3 (b) DUTIES.—The following duties are to be fulfilled by the 4 Bureau of Vital Healthcare: 5 (1) Collect on an annual basis, for the year ending 6 December 31st, the following information for each Medical 7 Feedback Center, using the Server for Vital Healthcare: 8 (A) Total Healthcare Recipients served. 9 (B) Cumulative rating averages for the two questions 10 evaluating VHA performance, collected for each VHA from 11 the Server for Vital Healthcare, as specified in section 12 217(b)(8). 13 (2) Collect on an annual basis, for the year ending 14 December 31st, the following information from each Vital 15 Healthcare Agency: 16 (A) Total expenses and operating expenses incurred. 17 (B) Total grant monies provided. 18 (3) Determine which Hospitals are eligible to receive 19 Starting Grants according to the process enumerated in section 20 208. 21 (4) Specify grant allowances of Starting Grants to each new 22 Vital Healthcare Agency as per section 209. 23 (5) Specify new grant allowances, by which Starting Grants 24 may become Extended or Diminished Grants, according to the 25 process specified in section 210. 26 (6) Send the grant amount allotted for a given Vital 27 Healthcare Agency to it on an annual basis, no later than 28 January 31st of each year, taking into account any additional 29 fiscal reimbursements to be provided as stated in section 212.
  • 35. 35 1 (7) Oversee a standardized, effective training process for 2 Feedback Center Representatives whereby each is 3 knowledgeable of: 4 (A) His or her duties, and how to perform them, as laid 5 out in section 220. 6 (B) The role of a Medical Feedback Center as specified 7 in section 219. 8 (C) The role of a Vital Healthcare Agency as specified 9 in section 207. 10 (D) The operation of the Feedback Center Surveillance 11 System, as specified in section 224. 12 (E) Operation and maintenance of both Healthcare 13 Entrance Machines and Healthcare Voting Machines. 14 (F) General info about: 15 (i) Starting Grants 16 (ii) Diminished Grants 17 (iii) Extended Grants 18 (iv) The Bureau of Vital Healthcare 19 (v) The Server for Vital Healthcare 20 (vi) The Public Transparency Website 21 (G) Confidentiality requirements as specified in section 22 218. 23 (H) Any security procedures the Committee of Vital 24 Healthcare or Bureau of Vital Healthcare may adopt. 25 (I) Definition of Healthcare Recipients as specified in 26 section 201. 27 (J) The signing of all applicable agreements pertaining 28 to abortion specified in section 101(c). 29 (K) Contact information necessary for assistance from 30 the Bureau of Vital Healthcare.
  • 36. 36 1 (8) Enforce, or aid in enforcing penalties specified in this 2 title in conjunction with all applicable federal agencies. 3 (9) Establish fact-checking processes to ensure funds for 4 Starting Grants, Diminished Grants, and Extended Grants are 5 going to the correct Vital Healthcare Agencies, and that all 6 federal monies funded to the Bureau of Vital Healthcare, 7 Committee of Vital Healthcare, and Vital Healthcare Agencies 8 are being properly used. 9 (10) Ensure proper accounting procedures are in place for 10 Vital Healthcare Agencies, the Bureau of Vital Healthcare, and 11 the Committee of Vital Healthcare. 12 (11) Oversee regulations and duties of Vital Healthcare 13 Agencies, Medical Feedback Centers, Feedback Center 14 Surveillance Systems, and the Server for Vital Healthcare to 15 ensure said regulations and duties are being fulfilled. 16 (12) Ensure Medical Feedback Centers are provided with all 17 materials necessary for operation, including working Healthcare 18 Entrance Machines and Healthcare Voting Machines. 19 (13) Regulate creation and distribution processes of 20 Healthcare Entrance Machines and Healthcare Voting Machines 21 to ensure quality. 22 (14) Such other duties as the Committee on Vital Healthcare 23 shall specify. 24 SEC. 217. SERVER FOR VITAL HEALTHCARE 25 (a) DEFINITIONS.—The term "Server for Vital Healthcare" or 26 "SVH" refers to the online server(s) and the secure facility or facilities 27 housing said server(s), as well as a backup server(s), used for housing 28 and maintaining in all confidentiality the feedback records, Visit Status, 29 and Personally Identifiable Information of Healthcare Recipients for 30 purposes of evaluating grant monies of Vital Healthcare Agencies, 31 coordinating information for use by HEMs and HVMs, and generally
  • 37. 37 1 providing quality healthcare services to qualified Healthcare 2 Recipients. For purposes of oversight, this shall be considered a 3 department of the Bureau of Vital Healthcare. 4 (b) DATA COLLECTED, DEFINED.—The following minimal 5 data is to be collected and stored on the Server for Vital Healthcare for 6 purposes of verifying valid Healthcare Recipients and setting levels of 7 Extended Grants and Diminished Grants: 8 (1) Patient names as specified in section 218(b)(1), 9 219(b)(2), and section 220(b)(2). 10 (2) Patient identification numbers as specified in section 11 218(b)(2). 12 (3) Barcodes for Healthcare Recipient Cards as specified in 13 section 221(b)(3). 14 (4) Patient Date of Births as specified in section 218(b)(4) 15 and section 220(b)(2). 16 (5) Patient Housing Addresses as specified in section 17 218(b)(2) and section 220(b)(2). 18 (6) Patient Fingerprint Records as specified in section 19 201(b)(2). 20 (7) Patient Visit Status as specified in section 220(b)(5). 21 (8) Cumulative Average Ratings for the three segments of 22 Healthcare Recipients that voted via Healthcare Voting 23 Machines, as tracked for each and every Vital Healthcare 24 Agency; which process is specified in section 211, and to be 25 separated by the 2-year periods specified in section 210(b). 26 (9) The number of basic checkups received per fiscal year, 27 as specified in section 203(a)(2). 28 (10) The number of Well baby and well child exams 29 received per child, as specified in section 203(a)(5). 30 (11) The number of dosage treatments provided for each 31 individual Sexually Transmitted Disease over a 15-year period,
  • 38. 38 1 as well as the data of the first dosage treatment, which shall 2 mark the beginning of the 15-year period, as specified in section 3 203(a)(33) through section 203(a)(38). 4 (c) DATA TRANSFER.—An important aspect of the Server for 5 Vital Healthcare will be its transmission of data to Healthcare Entrance 6 Machines, Healthcare Voting Machines, and reception areas of Medical 7 Feedback Centers. The Server for Vital Healthcare is to ensure to the 8 best of its ability the constant functioning and accessibility of its data 9 housing and transfer aspects. 10 SEC. 218. CONFIDENTIALITY 11 (a) IN GENERAL.—Any employee of the Bureau of Vital 12 Healthcare or its departments, Committee of Vital Healthcare, Medical 13 Feedback Centers, or any other person with access to the storage by 14 such groups of Personally Identifiable Information of Healthcare 15 Recipients, or who assists in the communication with the public on 16 behalf of said organizations for purposes of receiving such Personally 17 Identifiable Information of Healthcare Recipients, who is discovered to 18 be unlawfully disclosing the information of said Personally Identifiable 19 Information of Healthcare Recipients shall be subject to the penalties 20 described in section 552(i) of the Privacy Act of 1974 [5 U.S.C. 552i]. 21 (b) DEFINITION OF PERSONALLY IDENTIFIABLE 22 INFORMATION.—The term "Personally Identifiable Information" or 23 "PII" refers to information that can be used to distinguish or trace an 24 individual's identity and includes, but is not limited to, the following 25 forms of data: 26 (1) Names, as specified in section 219(b)(2) and section 27 217(b)(1). 28 (2) Housing addresses as specified in section 217(b)(5) and 29 section 220(b)(2).. 30 (3) Fingerprints as specified in section 201(b)(2) and section 31 217(a)(6).
  • 39. 39 1 (4) Date of births as specified in section 217(b)(4) and 2 section 220(b)(2).. 3 (5) Identification numbers as specified in section 221(b)(2). 4 (6) Barcodes as specified in 217(b)(3), section 221(b)(3) 5 (c) TRAINING REQUIREMENT.—All employees of the 6 Bureau of Vital Healthcare, Committee on Vital Healthcare, Server for 7 Vital Healthcare, and Medical Feedback Centers are to be trained on 8 the standards of the Privacy Act of 1974 [5 U.S.C. 552] as relating to 9 data confidentiality and protection of PII, including penalties for 10 disclosure of PII as specified in section 215(b)(6)(G) of the Privacy Act 11 of 1974. The training process shall be determined by the Committee on 12 Vital Healthcare as specified in section 215(b)(5). 13 PART D—PROCESS OF PROVIDING BASIC HEALTHCARE 14 SEC. 219. MEDICAL FEEDBACK CENTERS 15 (a) DEFINITION.—A "Medical Feedback Center" or "MFC" as 16 defined in this Act refers to the public reception area separating a given 17 Vital Healthcare Agency from entrances to the outside of the building. 18 This reception area exists primarily to: 19 (1) Provide Healthcare Recipient Cards to Healthcare 20 Recipients 21 (2) Ensure only eligible Healthcare Recipients receive 22 services from the Vital Healthcare Agency in question, and 23 (3) Provide voting services whereby Healthcare Recipients 24 can evaluate the care received. 25 (b) DESIGN OF A MEDICAL FEEDBACK CENTER.—The 26 design for the Medical Feedback Centers is to have the following 27 minimum features: 28 (1) 4-sided as a room, and square or rectangular in shape, 29 with only the opposing ends having accessible entrances. One 30 end is to serve as entrance to the outside, and the other 31 accessing that area of the building containing the Vital
  • 40. 40 1 Healthcare Agency. There is to be no restriction on required 2 room size for a Medical Feedback Center unless so designated 3 by the Committee on Vital Healthcare. 4 (2) A reception desk area in the center of the room with at 5 least one working computer terminal, blank Healthcare 6 Recipient Cards, a device for generating names, identification 7 numbers, and barcodes on said Healthcare Recipient Cards, and 8 a fingerprint kit. 9 (3) An aisle or aisles on the left side of the reception desk 10 area as looking towards the entrance adjoining the Vital 11 Healthcare Agency. This aisle or aisles will be used for 12 entering the Vital Healthcare Agency, and contain at least 2 13 working and publicly accessible Healthcare Entrance Machines 14 during all operating hours for a given Medical Feedback Center. 15 These machines are to be clearly visible in the entrance aisle(s) 16 to Healthcare Recipients in the Medical Feedback Center. 17 (4) An aisle or aisles on the right side of the reception desk 18 area as looking towards the entrance adjoining the Vital 19 Healthcare Agency. This aisle or aisles will be used for exiting 20 the Vital Healthcare Agency, and contain at least 2 working and 21 publicly accessible Healthcare Voting Machines during all 22 operating hours for a given Medical Feedback Center. These 23 machines are to be clearly visible in the exit aisle(s) to 24 Healthcare Recipients in the Medical Feedback Center, 25 although obscuring objects are allowed for placement between 26 the HVMs and the Feedback Center Surveillance System, as 27 specified in section 224(b)(2). 28 (5) Posters stating in both English and Spanish, "Vote here 29 on your Hospital experience with your Healthcare Recipient 30 Card", are to be placed in plain view on the wall of a Medical 31 Feedback Center beside each Healthcare Voting Machine.
  • 41. 41 1 (c) ADDITIONAL SPECIFICATIONS.—The following 2 specifications must be met by Vital Healthcare Agencies: 3 (1) Medical Feedback Centers must be placed at all public 4 entrances, excluding those used for emergency room entrance 5 purposes. 6 (A) Additional entrances are allowed for emergency use, 7 so long as they are reserved for Healthcare Recipients 8 requiring ambulatory care, and those well enough to leave 9 through a Medical Feedback Center are directed to leave 10 through a Medical Feedback Center, provided a Healthcare 11 Recipient Card if they do not already have one, and 12 informed of the voting booths on their way out. 13 (2) A Medical Feedback Center may serve as both a lobby 14 and a Medical Feedback Center so long as all requirements of 15 section 207(b) are met. 16 (A) Multiple entrances from the outside into a Medical 17 Feedback Center are permitted so long as they are along the 18 wall opposing the entrance into the Vital Healthcare 19 Agency. 20 (B) A Medical Feedback Center dually serving as a 21 lobby for its Vital Healthcare Agency (it may not serve as a 22 lobby or have inter-connecting access ways to for any area 23 of the building serving as a Hospital, as opposed to a Vital 24 Healthcare Agency) is free to ask additional questions of 25 Healthcare Recipients for the intent of providing healthcare 26 services. 27 (3) A Medical Feedback Center's outside entrance or 28 entrances are not required to directly access the outside part of 29 the building. Up to one room is allowed between each entrance 30 and the outside part of the building, provided that the only
  • 42. 42 1 doorways in these rooms are to the outside part of the building 2 and to the Medical Feedback Center. 3 (4) Additional security personnel and/or security measures 4 may be utilized as necessary. 5 SEC. 220. DUTIES OF THE FEEDBACK CENTER 6 REPRESENTATIVE 7 (a) DEFINITION.—A "Feedback Center Representative" or 8 "FCR" as defined in this Act refers to an on-site representative of the 9 Bureau of Vital Healthcare overseeing a Medical Feedback Center for 10 purposes of ensuring quality healthcare services are being provided. 11 (b) DUTIES.—A Feedback Center Representative's desk is to 12 be located in the center of a Medical Feedback Center, staffed by no 13 less than one Feedback Center Representative and have all materials 14 ascribed to it in section 219(b)(2). The job duties of the Feedback 15 Center Representative or Representatives are as follows: 16 (1) Check citizenship status for those without Healthcare 17 Recipient Cards via the process stated in section 201(b)(1). 18 Those who are verified as U.S. citizens are to be given a 19 personalized Healthcare Recipient Card as specified in section 20 221. 21 (2) Record into the Server for Vital Healthcare the full 22 Name, Date of Birth, and Housing Address of the Healthcare 23 Recipient receiving a new Healthcare Recipient Card. 24 (3) Fingerprint those who receive a Healthcare Recipient 25 Card and have said fingerprints scanned into the Server for 26 Vital Healthcare according to the process specified in section 27 201(b)(2). 28 (4) Provide Healthcare Recipient Cards to patients who 29 entered through an emergency exit, and inform them of their 30 right to vote with those cards as specified in section 31 219(c)(1)(A).
  • 43. 43 1 (5) If the patient will be receiving healthcare services during 2 the visit, record the Healthcare Recipient's Visit Status as 3 'Active' as opposed to 'Inactive' on the Server for Vital 4 Healthcare. 5 (6) If dually serving as a lobby, ask for and record/input any 6 additional information required by the Vital Health Agency, as 7 specified in section 219(c)(2)(B). 8 SEC. 221. HEALTHCARE RECIPIENT CARDS 9 (a) DEFINITION.—The term "Healthcare Recipient Card" 10 refers to the card issued to a Healthcare Recipient entering a VHA 11 through a Medical Feedback Center that will allow him or her to 12 evaluate the services received upon leaving and quickly receive 13 medical access in the future. 14 (b) DESIGN.—Healthcare Recipient Cards are to be 3.5 inches 15 long and 2 inches wide. Healthcare Recipient Cards are to have 16 machine-inscribed upon them the following information for each 17 individual patient: 18 (1) The patient's name, 19 (2) A unique system-assigned identification number, and 20 (3) A scannable barcode specific to each Healthcare 21 Recipient. 22 SEC. 222. HEALTHCARE ENTRANCE MACHINES 23 (a) DEFINITION.—The term "Healthcare Entrance Machine" 24 or "HEM" refers to those machines in the entrance aisle of a Medical 25 Feedback Center allowing for rapid access to services via scanning of a 26 Healthcare Recipient Cards and fingerprint scans. 27 (b) DESIGN.—The Committee on Vital Healthcare shall no 28 later than December 31st, 2012 specify a standard design for Healthcare 29 Entrance Machines. The Committee on Vital Healthcare shall have the 30 right to update this standard at any time.
  • 44. 44 1 (c) STANDARD FEATURES.—All Healthcare Entrance 2 Machines are to have the following features: 3 (1) A user-friendly interface. 4 (2) Language selection upon startup. 5 (3) Card reading device for insertion and subsequent reading 6 of Healthcare Recipient Cards for purposes of verifying identity 7 as a Healthcare Recipient. 8 (4) Fingerprint-scanning device for purposes of verifying 9 identity as the valid bearer of said Healthcare Recipient Card. 10 (5) Screen verification in the language selected upon startup 11 of either accepted card verification and subsequent access to 12 healthcare services, or rejected card verification and subsequent 13 denial to healthcare services. 14 (6) Data transfer capability for ready transfer of data to 15 Healthcare Voting Machines of Visit Status and to the Server 16 for Vital Healthcare for the time of visit. 17 SEC. 223. HEALTHCARE VOTING MACHINES 18 (a) DEFINITION.—The term "Healthcare Voting Machine" or 19 "HVM" refers to those machines in the exit aisle of a Medical 20 Feedback Center allowing for easy access to voting and feedback 21 services via scanning of a Healthcare Recipient Card. 22 (b) DESIGN.—The Committee on Vital Healthcare shall no 23 later than December 31st, 2012 specify a standard design for Healthcare 24 Voting Machines. The Committee on Vital Healthcare shall have the 25 right to update this standard at any time. 26 (c) STANDARD FEATURES.—All Healthcare Voting 27 Machines are to have the following features: 28 (1) A user-friendly interface. 29 (2) Language selection upon startup. 30 (3) Card reading device for insertion and subsequent reading 31 of Healthcare Recipient Cards for purposes of verifying the
  • 45. 45 1 bearer recently received healthcare services that warrant 2 feedback. 3 (4) Data transfer capability for ready transfer of collected 4 information to the Server for Vital Healthcare for the time of 5 visit and from Healthcare Entrance Machines for 6 acknowledgement of a Healthcare Recipient's current Visit 7 Status. 8 (5) Upon verification of a valid Healthcare Recipient Card 9 for a Healthcare Recipient and selection of a language, 10 submission of the following questions in the designated 11 language: 12 (A) "Did this Vital Healthcare Agency/Hospital provide 13 you with good healthcare service?" This question is to be 14 accompanied with the following voting options; each 15 assigned a rating of 1-5, with (i) being 1 point and (v) being 16 5 points, and is to be the first question asked: 17 (i) "Definitely not, the VHA provided horrible 18 healthcare service to me." 19 (ii) "No, the VHA provided bad healthcare service to 20 me." 21 (iii) "I am not sure." 22 (iv) "Yes, the VHA provided good healthcare service 23 to me." 24 (v) "Very much so, the VHA provided excellent 25 healthcare service to me." 26 (B) "Should this VHA/Hospital receive more or less 27 government funding?" This question is to be accompanied 28 by the following voting options; each assigned a rating of 1- 29 5, with (i) being 1 point and (v) being 5 points, and is to be 30 the second question asked:
  • 46. 46 1 (i) "Yes, the VHA should receive more government 2 funding." 3 (ii) "No, the current funding level for this VHA is 4 appropriate." 5 (iii) "No, this VHA should have less government 6 funding." 7 (iv) "I am not sure." 8 (C) Any additional questions that the Bureau on Vital 9 Healthcare may choose to ask of all Healthcare Recipients 10 across the United States or a given region, such as "Should 11 illegal immigrants have access to healthcare services?" or 12 "Should abortion be government-funded by this healthcare 13 system?" 14 (6) An additional form for purposes of allowing Healthcare 15 Recipients to submit complaints and/or feedback to the Bureau 16 of Vital Healthcare. 17 PART E—PUBLIC ACCOUNTABILITY STRUCTURE 18 SEC. 224. FEEDBACK CENTER SURVEILLANCE AS 19 ASSURANCE OF PROPER VOTING PROCESS 20 (a) DEFINITION.—The term "Feedback Center Surveillance 21 System" or "FCSS" refers to the video camera or system of video 22 cameras stationed within a Medical Feedback Center for purposes of 23 ensuring Vital Healthcare Agencies, staff of said Vital Healthcare 24 Agencies, or other obstacles are not interfering with the rights of 25 Healthcare Recipients to medical access and feedback pertaining to that 26 access. 27 (b) CAMERA SYSTEM REQUIREMENTS.—The following 28 requirements apply to Feedback Center Surveillance Systems: 29 (1) Every Medical Feedback Center is required to have at 30 least two video camera angled to view the reception desk, the
  • 47. 47 1 Healthcare Entrance Machines, and the Healthcare Voting 2 Machines. 3 (2) There must not be visibility of Healthcare Voting 4 Machines such that the screens and thus information/feedback 5 of Healthcare Recipients is visible. The primary objective is 6 ensuring that Healthcare Recipients are able to access the HEMs 7 and HVMs, not to observe the HVM itself. If screens of HVMs 8 will otherwise be visible, either the camera locations should be 9 changed or an obscuring object placed between the camera and 10 the screens of the Healthcare Voting Machines in question. 11 (3) The FCSS is required to record footage of the designated 12 area of the Medical Feedback System during all operating hours 13 of the Vital Health Agency. 14 (4) Camera footage must show the real-time info for the 15 date and time of footage as it was being recorded. 16 (c) PENALTIES.—Tampering of this system by a Vital 17 Healthcare Agency, an employee of a Vital Healthcare Agency, or any 18 other person may be subject to the fines and term of imprisonment 19 specified in section 201(c). 20 (d) WEBSITE UPLOAD.—All footage must be uploaded to the 21 Server for Vital Healthcare no later than one month from the time of 22 the oldest recorded footage yet to be uploaded. 23 SEC. 225. PUBLIC TRANSPARENCY WEBSITE 24 (a) IN GENERAL.—The Server for Vital Healthcare and 25 Bureau of Vital Healthcare shall oversee creation of a new government 26 website, www.bvh.gov, for purposes of allowing Healthcare Recipients 27 to review FCSS video footage that the processes in this Act might be 28 kept publicly transparent and accountable, of providing Healthcare 29 Recipients with an additional, accessible voting option, and providing 30 such other information sources as may prove beneficial for the public 31 understanding of the Bureau of Vital Healthcare.
  • 48. 48 1 (b) DESIGN.—The website is to have the following features: 2 (1) An online version of the Healthcare Voting Machine's 3 format, with the language selection feature specified in section 4 223(c)(2), the questions specified in section 223(c)(5), and the 5 feedback form specified in section 223(c)(6). For verification 6 purposes, the website should require input by a Healthcare 7 Recipient of their name, identification number (which number is 8 specified in section 221(b)(2)), and date of visit to the Vital 9 Healthcare Agency. 10 (2) Online storage of video surveillance footage for each 11 Medical Feedback Center as specified in section 224(d). This 12 footage is to be freely accessible to the public. Additionally, 13 there is to be a search engine that will allow online users to 14 easily locate their Vital Healthcare Agency, and thus its video 15 footage archives, by zip code search. 16 (3) An updated list of current Vital Healthcare Agencies, 17 searchable by zip code and entering a given street address and 18 search radius to receive a list of VHAs within that radius. 19 (4) An updated list of the Hospitals currently applying to 20 become Vital Healthcare Agencies that are not yet approved. 21 SEC. 226. ENCOURAGEMENT OF CITIZEN WATCHDOG 22 GROUPS 23 Citizen watchdog groups and the general public are encouraged 24 to provide oversight, comments on, and accountability for the public 25 transparency website. As such, comments, opinions, and public 26 participation are to be strictly protected from regulation apart from 27 removing comments for purposes of profanity, pornography, racism, 28 sexism, spamming, hacking, advertising/solicitation, and comments 29 suggesting or supporting illegal activities.
  • 49. 49 1 TITLE III. PRIVATE SECTOR 2 SEC. 301. MAINTAINING THE CURRENT PRIVATE SECTOR 3 All Hospitals and providers of healthcare or social services 4 currently authorized to operate under U.S. law are free to continue 5 offering medical services. Public sector/Private Sector Hospitals, as 6 defined in this Act, can operate in the same building, so long as both 7 areas are definitively separated from each other per section 207(b)(1). 8 TITLE VI—TORT REFORM 9 SEC. 401. HOSPITAL LAWSUITS 10 (a) EFFECTIVE DATE.—Upon passage of this Act as law, the 11 losing party in a lawsuit against a Hospital or Hospital employee will 12 be required to pay the other's legal fees in addition to any court 13 sentencing, with such sum not to exceed $5,000. 14 (b) SHARING OF RESPONSIBILITY FOR A VHA BASED 15 UPON HOURS WORKED.—Employees of a Vital Healthcare Agency 16 found at fault by a court of law for malpractice are to have the cost of 17 such court-decided fees shared by the Vital Healthcare Agency they 18 worked for at the time of the incident in the following manner: 19 (1) 5% of the malpractice fees will be paid for by the VHA 20 for whom the employee worked at the time of the incident if the 21 employee at fault worked at least 60 hours in the 7 day period 22 involving the incident (with the last day the day of the incident, 23 and then counting the 6 days previous). 24 (2) An additional 5% of the malpractice fees are to be paid 25 by the VHA for whom the employee worked at the time of the 26 incident for each additional 5 hours that the employee worked 27 above 60 hours. 10% of the malpractice fees are to be paid if 28 the employee worked 65 hours in the 7 day period, 15% if the 29 employee worked 70 hours in the 7 day period, etc. 30 SEC. 402. EMPLOYEE HOURS
  • 50. 50 1 (a) RESTRICTION AGAINST OVERWORK 2 REQUIREMENTS.—To avoid overwork, and subsequent dangers to a 3 patient, no employee at a Vital Healthcare Agency may be required to 4 work more than 16 hours in a day. 5 (b) VIOLATION PENALTIES.—VHA supervisors/employers 6 found to be coercing and/or requiring VHA employees to work beyond 7 this time period will be subject to a $10,000-$100,000 fine and/or 1 8 year in prison if convicted by a court of law. 9 SEC. 403. ACCOUNTABILITY FOR PUBLIC OFFICIALS 10 (a) BAN ON PUBLIC OFFICE FOR CONVICTED 11 OFFICIALS.—Any judge, district attorney, or prosecutor henceforth 12 found guilty of any crime above a misdemeanor shall be barred from 13 running for public office for a period of 15 years, unless the decision is 14 overturned. 15 (b) HARSHER SENTENCING FOR CASE 16 MISHANDLING.—Any judge, district attorney, or prosecutor found 17 guilty of mishandling a case so that an innocent person is convicted 18 will be subject to cumulative prison terms of those persons wrongfully 19 convicted, and those found innocent pardoned and paid $50,000 per 20 year of imprisonment. This monetary fee will be first exacted from the 21 estate of the judge(s)/prosecutor(s)/district attorney(s) found guilty, and 22 the remainder to be paid by the federal government. 23 (c) ALLOWANCE FOR JUDGES TO SPEAK PUBLICLY ON 24 BELIEFS.—Judges running for reelection will be henceforth allowed 25 to speak publicly about their opinions on political issues and general 26 mindset towards judicial decision-making for purposes of providing 27 voters with the information necessary to make educated decisions about 28 whether or not to re-elect them. No rule by the American Bar 29 Association or any other organization outside of the U.S. government 30 may be esteemed as punishing a judge for expressing their opinions on 31 judicial philosophy or political or religious beliefs given the need for
  • 51. 51 1 the American people to understand the nature of their judges, and the 2 simple facts that impartiality neither includes nor implies lack of 3 human opinions, and no purely human, judicial law is so thorough as to 4 remove the elements of interpretation and thus opinion and personal 5 conviction. 6 SEC. 404. JUDICIAL TRANSPARENCY WEBSITE 7 (a) NEW WEBSITE SECTIONS.—This section authorizes the 8 creation of new website pages on www.uscourts.gov, 9 www.uscourts.gov/judgelinks and www.uscourts.gov/prosecutorlinks, 10 whereby citizens can search for a judge via name, court type, or 11 geographic location, and for a prosecutor by name, court type, or 12 geographic location. These website pages shall appear in substance 13 similar to the page at www.uscourts.gov/courtlinks, but instead provide 14 as search results links to the profiles of judges and prosecutors. This 15 system is to have the following features: 16 (1) Profiles for judges are to show hyperlinks to recent court 17 decisions made by the judge and hyperlinks of all overturned 18 court decisions in which that judge had made the initial decision 19 only to have it later overturned in a retrial. Each case shown 20 should be hyperlinked to the respective case summary for it on 21 www.pacer.psc.uscourts.gov. 22 (2) Profiles for prosecutors are to show as a percentage the 23 number of cases won out of total cases, hyperlinks to recent 24 cases, and hyperlinks to recently lost cases. Each case shown 25 should be hyperlinked to the respective case summary for it on 26 www.pacer.psc.uscourts.gov.
  • 52. 52 1 TITLE V—PROVIDING SUBSIDIES FOR MEDICAL 2 EDUCATORS 3 SEC. 501. PREREQUISITES FOR MEDICAL INSTRUCTORS 4 TO RECEIVE SUBSIDIES 5 (a) PURPOSE.—The purpose of this section is to provide 6 suitable payment for instructors in medical education. 7 (b) REQUIREMENTS.—To be eligible for a government 8 subsidy, an educator must first meet the following requirements: 9 (1) Either be: 10 (A) Currently certified as a CNA (Certified Nursing 11 Assistant), or 12 (B) Currently certified as a medical professional by the 13 ABMS (American Board of Medical Specialties) 14 (2) Be certified to teach at the college level. 15 SEC. 502. SUBSIDY FORMULATION FOR MEDICAL 16 INSTRUCTORS 17 (a) IN GENERAL.—Medical instructors who meet the 18 requirements of section 501(b) to be eligible for a government subsidy 19 shall be eligible to receive from the Department of Labor one of the 20 following amounts, annually, based upon experience in their field, so 21 long as they remain employed by a college as an instructor in medical 22 education for a given year: 23 (1) If having 2-3 combined years of experience as a CNA or 24 as a medical professional certified by the American Board of 25 Medical Specialties, a subsidy of $30,000 is to be provided by 26 the Department of Labor for those with less than 4 years of 27 education towards a teaching degree, a subsidy of $35,000 is to 28 be provided by the Department of Labor for those with 4-7 29 years of education towards a teaching degree, and a subsidy of 30 $40,000 is to be provided by the Department of Labor for those 31 with 8 or more years of education towards a teaching degree.