47 1 held before a trial on the merits, that a case re 2 moved under paragraph (1) is one in which a rem 3 4 5 6 7 8 9 10 11 12 13 14 15 16 edy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to the State court, except that where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other provision of law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be considered to have been suspended during the pendency of the civil action or proceeding under this section. (d) COMPROMISE OR SETTLEMENT OF CLAIM.-The 17 Attorney General may compromise or settle any claim as18 serted in such civil action or proceeding in the manner 19 provided in section 2677 of title 28, United States Code, 20 and with the same effect. 21 (e) SUBROGATION.-To the extent that any protected 22 person is insured for a claim of the type described in sub23 section (a), the Federal government shall be subrogated. 24 (f) CERTIFICATION.-With respect to the award of a 25 grant or contract under section 329 or 330 of the Public 48 1 Health Service Act, the Secretary shall certify that the 2 entity to which the grant or contract is awarded has 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (1) implemented appropriate policies and procedures to assure against malpractice in all health or health-related functions performed by such entity; and (2) no history of claims having been filed against it pursuant to this section, or, if such a history exists, that the entity has fully cooperated with the Attorney General in defending against any such claim and either has taken, or will take, such correc tive steps to assure against such claims in the future, such as the adoption of a risk management program, adoption of policies and procedures de signed to avoid the recurrence of any incident that gave rise to the claims, and, as appropriate, the ter mination or limitation of services of individuals whose performance gave rise to a claim. (g) EFFECTIVE DATE AND APPLICABILITY.-This 20 section shall become effective on date of the enactment 21 of this Act, and shall apply to claims advanced on or after 22 that date in any civil action or proceeding brought in any 23 court against any health center, program, project, or other 24 entity or individual covered by this section. 49 1 (h) PROTECTED PERSON DEFINED.-In this section, 2 the term "protected person" 3 4 5 6 7 8 9 10 11 12 (1) means any public or private nonprofit health center, program, project, or other entity re ceiving a grant or contract under section 329 or section 330 of the Public Health Service Act, and (2) includes any individual who was or is employed by or under contract to such a center, program, project, or other entity, on or after the date of the enactment of this Act while acting within the scope of employment or contract of such individual, or the estate of such an individual. 13 SEC. 202. GRANT PROGRAM TO PROMOTE PRIMARY 14 15 HEALTH CARE SERVICES FOR UNDERSERVED POPULATIONS. 16 (a) AUTHORIZATION.-The Secretary of Health and 17 Human Services shall provide for a program of grants to 18 migrant and community health centers (receiving grants 19 or contracts under section 329 or 330 of the Public Health 20 Service Act) in order to promote the provision of primary 21 health care services for underserved individuals. Such 22 grants may be used 23 24 (1) to promote the provision of off-site services (through means such as mobile medical clinics); 1 2 3 4 5 6 7 8 50 (2) to improve birth outcomes in areas with high infant mortality and morbidity; (3) to establish primary care clinics in areas identified as in need of such clinics; and (4) for recruitment and training costs of necessary providers and operating costs for unreimbursed services. (b) CONDITIONS.-(1) Grants under this subsection 9 shall only be made upon application, approved by the Sec 10 retary. 11 (2) The amount of grants made under this section 17 18 19 (1) in fiscal year 1992, $300,000,000, (2) in fiscal year 1993, $600,000,000, (3) in fiscal year 1994, $900,000,000, (4) in fiscal year 1995, $1,200,000,000, and 20 to carry out this section. Of the amounts appropriated 21 each fiscal year under this section, at least 10 percent 22 shall be used for grants described in subsection (a)(1) and 23 at least 10 percent shall be used for grants described in 24 subsection (a)(2). 51 1 (d) STUDY AND REPORT.-The Secretary shall con2 duct a study of the impact of the grants made under this 3 section to migrant and community health centers on ac4 cess to health care, birth outcomes, and the use of emer5 gency room services. Not later than 2 years after the date 6 of the enactment of this Act, the Secretary shall submit 7 to Congress a report on such study and on rec8 ommendations for changes in the programs under this sec9 tion in order to promote the appropriate use of cost-effec10 tive outpatient services. 11 12 TITLE III-PRESERVING AND IMPROVING QUALITY OF CARE 13 SEC. 301. HOSPITAL MONITORING SYSTEMS. 14 15 16 17 18 19 20 21 22 23 24 25 (a) DEVELOPMENT OF STANDARDS. (1) IN GENERAL.-The Secretary of Health and Human Services, by not later than 2 years after the date of the enactment of this Act, shall develop standards (A) for a common set of hospital clinical patient data, and (B) for the confidential transfer of data in electronic form. (2) ADVISORY PANEL.-The standards under paragraph (1) shall be established in consultation with an advisory panel composed of experts in rel |