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Public Health, Workforce, Quality, and
Related Provisions in H.R. 3590, as Passed by
the Senate
C. Stephen Redhead, Coordinator
Acting Section Research Manager
Erin D. Williams, Coordinator
Specialist in Public Health and Bioethics
March 20, 2010
Congressional Research Service
7-5700
www.crs.gov
R40943
CRS Report for Congress
P
repared for Members and Committees of Congress
c11173008
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Public Health, Workforce, Quality, and Related Provisions in H.R. 3590
Summary
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by
concerns about the growing ranks of the uninsured and the unsustainable growth in health care
spending. Improving access to care and controlling rising costs will require changes to both the
financing and delivery of health care. Experts point to a growing body of evidence showing that
the health care system fails to provide high-quality care to all Americans.
On December 24, 2009, by a vote of 60-39, the Senate passed a comprehensive health reform bill,
the Patient Protection and Affordable Care Act (H.R. 3590, as amended). The legislation is an
amalgam of separate measures reported by the Committee on Finance and the Committee on
Health, Education, Labor, and Pensions (HELP). The House is preparing to vote on H.R. 3590, as
passed by the Senate, and on an accompanying reconciliation bill (H.R. 4872), which would
change several controversial elements in H.R. 3590 and otherwise amend it to meet the
reconciliation instructions in the budget resolution. This report, one of a series of CRS products
on H.R. 3590, discusses the bill’s workforce, prevention, quality, and related provisions.
H.R. 3590, as passed by the Senate, includes numerous provisions intended to increase the
primary care and public health workforce, promote preventive services, and strengthen quality
measurement, among other things. It would amend and expand on many of the existing health
workforce programs authorized under Title VII (health professions) and Title VIII (nursing) of the
Public Health Service Act (PHSA); create a Public Health Services Track to train health care
professionals emphasizing team-based service, public health, epidemiology, and emergency
preparedness and response; and make a number of changes to the Medicare graduate medical
education (GME) payments to teaching hospitals, in part to encourage the training of more
primary care physicians. The bill also would establish a national commission to study projected
health workforce needs.
In addition, Senate-passed H.R. 3590 would create an interagency council to promote healthy
policies and prepare a national prevention and health promotion strategy. It would establish a
Prevention and Public Health Fund to boost funding for prevention and pubic health; increase
access to clinical preventive services under Medicare and Medicaid; promote healthier
communities; and fund research on optimizing the delivery of public health services. Funding
would be provided for maternal and child health services, including abstinence education and a
new home visitation program. The bill also would establish a national strategy for quality
improvement; create an interagency working group to advance quality efforts at the national
level; develop a comprehensive repertoire of quality measures; and formalize processes for
quality measure selection, endorsement, data collection and public reporting of quality
information. It would establish and fund a new private, nonprofit comparative effectiveness
research institute.
Other key provisions in H.R. 3590, as passed by the Senate, include programs to prevent elder
abuse, neglect, and exploitation; a new regulatory pathway for licensing biological drugs shown
to be biosimilar or interchangeable with a licensed biologic; new requirements for the collection
and reporting of health data by race, ethnicity, and primary language to detect and monitor trends
in health disparities; and electronic format and data standards to improve the efficiency of
administrative and financial transactions between health care providers and health plans.
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Contents
Introduction ................................................................................................................................ 1
Health Care Delivery Reform...................................................................................................... 2
Drivers of Reform................................................................................................................. 3
American Recovery and Reinvestment Act ............................................................................ 4
Overview of Report..................................................................................................................... 4
Other CRS Products .............................................................................................................. 5
Community Health Center Fund.................................................................................................. 6
Health Centers ............................................................................................................................ 6
Background and Issues.......................................................................................................... 6
Sec. 5601. Authorization of Appropriations ..................................................................... 7
Sec. 10503. Community Health Center Fund ................................................................... 7
Reconciliation Bill Sec. 2302. ................................................................................... 7
Sec. 10608. Liability Protection for Health Center Volunteers.......................................... 7
Sec. 4101. School-Based Health Centers ......................................................................... 8
Sec. 5208. Nurse-Managed Health Clinics....................................................................... 8
Health Workforce........................................................................................................................ 9
Background and Issues.......................................................................................................... 9
National Health Service Corps ............................................................................................ 10
Sec. 5207. Authorization of Appropriations ................................................................... 10
Sec. 10503. Community Health Center Fund ................................................................. 10
Sec. 5508(b). Counting Teaching Time Towards Service Obligation .............................. 10
Sec. 10501(n). Part-Time Service, Loan Repayment, Teaching ...................................... 10
Sec. 5602. Designating Medically Underserved Populations and HPSAs ....................... 10
Sec. 10908. Loan Repayment Tax Exclusion ................................................................. 11
Primary Care and Dentistry ................................................................................................. 11
Sec. 5201. Federally Supported Student Loan Funds ..................................................... 11
Sec. 5203. Pediatric Specialist Loan Repayment Program ............................................. 11
Sec. 5301. Primary Care Training and Enhancement...................................................... 12
Sec. 5302. Training Opportunities for Direct Care Workers ........................................... 12
Sec. 5303. Training in General, Pediatric, and Public Health Dentistry .......................... 12
Sec. 5304. Alternative Dental Health Care Provider Demonstration ............................... 13
Sec. 5508(a) and (c). Teaching Health Centers............................................................... 13
Nursing Workforce.............................................................................................................. 14
Sec. 5202. Nursing Student Loan Program .................................................................... 14
Sec. 5305(c). Geriatric Education and Training.............................................................. 15
Sec. 5308. Advanced Nursing Education Grants ............................................................ 15
Sec. 5309. Nurse Education, Practice, and Retention Grants .......................................... 15
Sec. 5310. Student Loan Repayment and Scholarship Program...................................... 15
Sec. 5311. Nurse Faculty Loan Program........................................................................ 15
Sec. 5312. Authorization of Appropriations ................................................................... 16
Sec. 5509. Medicare Graduate Nurse Education Demonstration Program ...................... 16
Sec. 10501(e). Family Nurse Practitioner Demonstration............................................... 16
Public Health Workforce ..................................................................................................... 17
Sec. 5204. Public Health Workforce Loan Repayment Program ..................................... 17
Sec. 5206. Grants for State and Local Programs ............................................................ 17
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Sec. 5209. Elimination of Cap on Commissioned Corps ................................................ 17
Sec. 5210. Establishing a Ready Reserve Corps............................................................. 18
Sec. 5313. Grants to Promote the Community Health Workforce ................................... 18
Sec. 5314. Fellowship Training in Public Health............................................................ 18
Sec. 5315. United States Public Health Sciences Track.................................................. 18
Sec. 10501(m)(1). Preventive Medicine and Public Health Training Grants ................... 19
Sec. 10501(m)(2). Authorization of Appropriations ....................................................... 19
Workforce Diversity, Cultural Competency, Interdisciplinary and Community-Based
Training ........................................................................................................................... 20
Sec. 5305(a) and (b). Geriatric Education and Training.................................................. 20
Sec. 5307. Cultural Competency, Prevention, and Public Health and Individuals
with Disabilities Training ........................................................................................... 21
Sec. 5401. Centers of Excellence................................................................................... 21
Sec. 5402. Health Care Professionals Training for Diversity .......................................... 21
Sec. 5403. Interdisciplinary, Community-Based Linkages ............................................. 22
Sec. 5404. Workforce Diversity Grants.......................................................................... 22
Sec. 5405. Primary Care Extension Program ................................................................. 22
Sec. 10501(d). Physician Assistant Education................................................................ 23
Sec. 10501(l). Rural Physician Training Grants ............................................................. 23
Health Workforce Evaluation and Assessment ..................................................................... 23
Sec. 5101. National Health Care Workforce Commission .............................................. 24
Sec. 5102. State Health Care Workforce Development Grants........................................ 24
Sec. 5103. Health Care Workforce Program Assessment................................................ 24
Sec. 10501(b). Task Force on Alaska Health Care.......................................................... 25
Medicare Graduate Medical Education Payments ................................................................ 25
Sec. 5503. Distribution of Additional Residency Positions............................................. 26
Sec. 5504. Counting Resident Time in Other Settings .................................................... 26
Sec. 5505. Rules for Counting Resident Time for Non-Patient Care Activities ............... 26
Sec. 5506. Preservation of Resident Cap Positions from Closed Hospitals ..................... 27
Other Workforce Provisions ................................................................................................ 27
Sec. 5205. Allied Health Workforce Recruitment and Retention Programs ..................... 27
Sec. 5507. Health Workforce Demonstrations; Family-to-Family Centers ...................... 27
Sec. 5701. Reports ........................................................................................................ 28
Sec. 8002(c). Personal Care Attendants ......................................................................... 28
Sec. 10501(g). National Diabetes Prevention Program................................................... 28
Sec. 10501(k). State Grants to Providers........................................................................ 28
Sec. 10502. Hospital Construction Grants ..................................................................... 28
Sec. 10504. Access to Affordable Care Demonstration .................................................. 29
Prevention and Wellness............................................................................................................ 29
Background and Issues........................................................................................................ 29
Overview ...................................................................................................................... 29
Coverage of Clinical Preventive Services ...................................................................... 30
Employer-Provided Wellness Programs ......................................................................... 31
Private Health Insurance Provisions .................................................................................... 32
Sec. 1001. Regarding Coverage of Preventive Services ................................................. 32
Sec. 1302. Essential Health Benefits Requirements ....................................................... 32
Prevention Under Medicare and Medicaid........................................................................... 33
Sec. 4103. Medicare Annual Visit and Personalized Prevention Plan.............................. 33
Sec. 4104. Removal of Cost-Sharing for Medicare Preventive Services ......................... 33
Sec. 4105. Evidence-Based Coverage of Medicare Preventive Services ......................... 34
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Sec. 4106. Medicaid Preventive Services for Adults ...................................................... 34
Sec. 4107. Medicaid Tobacco Cessation Services for Pregnant Women.......................... 34
Sec. 4108. Incentives for Chronic Disease Prevention Under Medicaid.......................... 34
Wellness Programs Offered by Employers/Private Insurers.................................................. 35
Sec. 1001. Reporting Requirements for Group Health Plans / Gun Ownership ............... 35
Sec. 1201. Regarding Prohibiting Discrimination Based on Health Status...................... 36
Sec. 4303. CDC Grants for Employer-Based Wellness Programs ................................... 36
Sec. 4402. Effectiveness of Federal Health and Wellness Initiatives............................... 36
Sec. 10408. Workplace Wellness Program Grants .......................................................... 37
Public Health Systems......................................................................................................... 37
Sec. 4001. National Prevention, Health Promotion and Public Health Council ............... 37
Sec. 4002. Prevention and Public Health Fund .............................................................. 37
Sec. 4003. Clinical and Community Preventive Services Task Forces ............................ 38
Sec. 4004. Education and Outreach Campaign Regarding Preventive Benefits............... 38
Community Prevention Grants and Related Activities.......................................................... 39
Sec. 4102. Oral Health Activities................................................................................... 39
Sec. 4201. Community Transformation Grants .............................................................. 40
Sec. 4202. Community Wellness Pilot; Medicare Wellness Evaluation........................... 40
Sec. 4204. Immunizations ............................................................................................. 41
Sec. 4206. Demonstration Project Concerning Individualized Wellness Plan.................. 41
Sec. 4301. Research on Optimizing the Delivery of Public Health Services ................... 42
Sec. 4304. Epidemiology and Laboratory Capacity Grants............................................. 42
Sec. 4306. CHIPRA Childhood Obesity Demonstration Project ..................................... 42
Sec. 10407. Better Diabetes Care .................................................................................. 42
Sec. 10411. Congenital Heart Disease Programs ............................................................ 43
Sec. 10413. Young Women’s Breast Health Awareness .................................................. 43
Sec. 10501(g). National Diabetes Prevention Program................................................... 44
Stricken Provision............................................................................................................... 44
Secs. 4401 and 10405. Sense of the Senate Concerning CBO Scoring............................ 44
Maternal and Child Health ........................................................................................................ 44
Maternal and Early Childhood Home Visitation................................................................... 44
Sec. 2951. Home Visitation Grant Program ................................................................... 45
Postpartum Depression........................................................................................................ 47
Sec. 2952. Support, Education, and Research for Postpartum Depression ...................... 47
Personal Responsibility Education and Abstinence Education.............................................. 47
Sec. 2953. Personal Responsibility Education................................................................ 48
Sec. 2954. Restoration of Funding for Abstinence Education ......................................... 49
Support for Pregnant and Parenting Teens and Women ........................................................ 50
Secs. 10211-10214. Pregnancy Assistance Fund ............................................................ 50
Health Care Needs of Youth Aging Out of Foster Care ........................................................ 51
Sec. 2955. Health Care Power of Attorney..................................................................... 51
Behavioral Health ..................................................................................................................... 52
Background and Issues........................................................................................................ 52
Sec. 1311(j). Applicability of Mental Health Parity to Qualified Plans ........................... 53
Sec. 5604. Co-locating Care in Community-Based Mental Health Settings .................... 53
Sec. 5306. Mental and Behavioral Health Education and Training Grants ...................... 53
Sec. 10410. Centers of Excellence for Depression ......................................................... 54
Quality...................................................................................................................................... 54
Background and Issues........................................................................................................ 54
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National Strategy to Improve Health Care Quality and Quality Measurement ...................... 55
Sec. 3011. National Strategy.......................................................................................... 55
Sec. 3012. Interagency Working Group on Health Care Quality..................................... 56
Sec. 3013. Quality Measure Development ..................................................................... 56
Sec. 3014. Quality Measurement ................................................................................... 57
Sec. 3015. Data Collection; Public Reporting ................................................................ 57
Quality Improvement and Patient Safety ............................................................................. 58
Sec. 3501. Health Care Delivery System Research; Quality Improvement ..................... 58
Sec. 3508. Quality and Patient Safety Training in Clinical Education............................. 59
Sec. 10303(b). Hospital-Acquired Conditions................................................................ 59
Sec. 10303(c). Clinical Practice Guidelines ................................................................... 59
Care Coordination............................................................................................................... 60
Sec. 3502. Community Health Teams to Support Medical Homes.................................. 61
Sec. 3503. Medication Management Services in Treatment of Chronic Disease ............. 61
Sec. 3506. Program to Facilitate Shared Decisionmaking .............................................. 62
Sec. 3510. Patient Navigator Program ........................................................................... 62
Sec. 10333. Community-Based Collaborative Care Networks........................................ 62
Nursing Homes and other Long-Term Care Facilities and Providers .................................... 63
Secs. 6101- 6121. Nursing Home Transparency, Enforcement and Staff Training........... 63
Sec. 6201. Background Checks on Employees of Long-Term Care Facilities ................. 63
Comparative Clinical Effectiveness Research ...................................................................... 64
Sec. 6301. Patient-Centered Outcomes Research ........................................................... 64
Sec. 6302. Federal Coordinating Council, Comparative Effectiveness Research............. 65
Key Health Indicators ......................................................................................................... 66
Sec. 5605. Key National Indicators ............................................................................... 66
Health Disparities ..................................................................................................................... 67
Data on Health Disparities................................................................................................... 67
Required Collection of Data ................................................................................................ 67
Sec. 4302. Understanding Health Disparities: Data Collection and Analysis .................. 68
Sec. 10334. Office of Minority Health........................................................................... 69
Health Information Technology................................................................................................. 70
HIPAA Administrative Simplification.................................................................................. 70
Sec. 1104. Administrative Simplification....................................................................... 71
Sec. 1561. Standards for Enrollment in Federal and State Programs............................... 72
Emergency Care........................................................................................................................ 72
Background and Issues........................................................................................................ 72
Sec. 3504. Regionalized Systems for Emergency Care .................................................. 73
Sec. 3505. Trauma Care Centers.................................................................................... 73
Sec. 5603. Emergency Medical Services for Children.................................................... 74
Pain Care and Management ....................................................................................................... 74
Sec. 4305. Advancing Research and Treatment for Pain Care Management.................... 75
Elder Justice.............................................................................................................................. 75
Background and Issues........................................................................................................ 75
Sec. 6703. Elder Justice................................................................................................. 76
Elder Justice............................................................................................................ 76
Protecting Residents of Long-Term Care Facilities .................................................. 80
National Nurse Aide Registry.................................................................................. 81
Food and Drug Administration .................................................................................................. 81
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Background and Issues........................................................................................................ 81
Prescription Drug Labeling ................................................................................................. 82
Sec. 3507. Presentation of Prescription Drug Benefit and Risk Information ................... 82
Sec. 10609. Labeling Changes....................................................................................... 83
Nutrition Labeling............................................................................................................... 83
Sec. 4205. Chain Restaurant Menus and Vending Machines .......................................... 83
Biosimilars.......................................................................................................................... 84
Sec. 7001. Short Title .................................................................................................... 84
Sec. 7002. Approval Pathway for Biosimilar Biological Products .................................. 85
Sec. 7003. Savings ........................................................................................................ 86
Drug and Device Taxes ....................................................................................................... 86
Sec. 9008. Annual Fee for Branded Prescription Pharmaceuticals .................................. 86
Reconciliation Bill Sec. 1404. ................................................................................. 87
Sec. 9009. Annual Fee for Medical Devices................................................................... 87
Reconciliation Bill Sec. 1405. ................................................................................. 88
340B Drug Pricing .................................................................................................................... 88
Background and Issues........................................................................................................ 88
Sec. 7101. Expanded Participation in 340B Program ..................................................... 89
Sec. 7102. Improvements to 340B Program Integrity..................................................... 89
Sec. 7103. GAO Study on Improving the 340B Program ............................................... 90
Reconciliation Bill Sec. 2302 .................................................................................. 90
Veterans Health Care................................................................................................................. 90
Background and Issues........................................................................................................ 90
Sec. 9011. Study and Report of Effect on Veterans Health Care ..................................... 91
Miscellaneous ........................................................................................................................... 92
Sec. 3509. Offices of Women’s Health .......................................................................... 92
Sec. 4203. Wellness for Individuals with Disabilities ..................................................... 92
Sec. 4207. Reasonable Break Time for Nursing Mothers ............................................... 92
Secs. 6801 and 10607. Medical Liability ....................................................................... 93
Sec. 9017. Excise Tax on Elective Cosmetic Medical Procedures .................................. 94
Sec. 10407(c). Vital Statistics ........................................................................................ 94
Sec. 10409. Cures Acceleration Network....................................................................... 94
Sec. 10412. Automated Defibrillation in Adam’s Memory Act ....................................... 95
Sec. 10907. Excise Tax on Indoor Tanning Services ...................................................... 95
Sec. 10909. Expansion of Adoption Credit and Adoption Assistance Programs .............. 95
Tables
Table 1. Crosswalk of Public Health, Workforce, Quality, and Related Provisions in H.R.
3962 and H.R. 3590 ............................................................................................................... 96
Appendixes
Appendix. Acronyms Used in the Report................................................................................... 99
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Contacts
Author Contact Information .................................................................................................... 101
Acknowledgments .................................................................................................................. 101
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Introduction
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by
concerns about the growing ranks of the uninsured and the unsustainable growth in spending on
health care and health insurance. Improving access to care and controlling rising costs are seen to
require changes to both the financing and delivery of health care. Experts point to a growing body
of evidence of the health care system’s failure to consistently provide high-quality care to all
Americans.
Both the House and the Senate have passed comprehensive health care reform legislation. On
November 7, 2009, by a vote of 220-215, the House approved the Affordable Health Care for
America Act (H.R. 3962).1 The legislation, introduced by Representative Dingell on October 29,
2009, is based on an earlier measure, the America’s Affordable Health Choices Act of 2009 (H.R.
3200), which was jointly developed and reported by the House Committees on Ways and Means,
Energy and Commerce, and Education and Labor.2 The Senate passed an alternative health reform
bill, the Patient Protection and Affordable Care Act (H.R. 3590, as amended), on December 24,
2009, by a vote of 60-39.3 The Senate bill is an amalgam of separate measures reported by the
Committee on Finance and the Committee on Health, Education, Labor, and Pensions (HELP).4
The House is preparing to vote on H.R. 3590, as passed by the Senate, and on an accompanying
reconciliation bill (H.R. 4872).5 The reconciliation bill would change several controversial
elements in H.R. 3590 and otherwise amend the underlying legislation so that its budgetary
impact meets the reconciliation instructions in last year’s budget resolution.6 If the House
approves H.R. 3590, it will be sent to the President to be signed into law. The reconciliation
measure, if approved by the House, would then be taken up by the Senate.
This report summarizes the workforce, prevention, quality, and related provisions in H.R. 3590,
as passed by the Senate. It begins with some background on health care delivery reform, followed
by an overview of the report’s content and organization.
1 The full text of the Affordable Health Care for America Act is at http://www.congress.gov/cgi-lis/query/z?
c111:H.R.3962:/.
2 In July, each of the three committees considered an amendment in the nature of a substitute to H.R. 3200, offered by
the chairman, and ordered the measure to be reported, as amended. The committees reported their respective versions
of the legislation on October 14, 2009 (H.Rept. 111-299, Parts I, II, and III).
3 The full text of the Patient Protection and Affordable Care Act is at http://www.congress.gov/cgi-lis/query/z?
c111:H.R.3590:/.
4 The Senate Finance Committee approved the America’s Healthy Future Act (S. 1796, S.Rept. 111-89) on October 13,
2009. The Senate HELP Committee approved the Affordable Health Choices Act (S. 1679) on July 15, 2009. The
Patient Protection and Affordable Care Act was introduced and considered as an amendment (S.Amdt. 2786) in the
nature of a substitute to H.R. 3590, a homeowner tax credit bill that passed the House unanimously on October 8, 2009,
and was subsequently referred to the Senate.
5 H.R. 4872, the Reconciliation Act of 2010, was reported by the House Budget Committee on March 17, 2010
(H.Rept. 111-443), and taken up by the House Rules Committee on March 20, 2010 where a manager’s amendment
was offered. The full House will consider reconciliation language offered as an amendment in the nature of a substitute
to H.R. 4872, as amended by the manager’s amendment. The full text of the amendment in the nature of a substitute is
at http://docs.house.gov/rules/hr4872/111_hr4872_amndsub.pdf. The full text of the manager’s amendment is at
http://docs.house.gov/rules/hr4872/111_managers_hr4872.pdf.
6 Under the FY2010 budget resolution (S.Con.Res. 13), a health reform reconciliation bill must reduce the federal
deficit by $1 billion over the period FY2009 through FY2014, as determined by the Congressional Budget Office.
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Health Care Delivery Reform
In a November 2008 report outlining its goals for health reform, the National Priorities
Partnership, representing 32 key stakeholder groups in the health sector, identified four major
challenges to the delivery of high-quality care.7 According to the Partnership, the first is to
improve patient safety by eliminating medical errors and other adverse events. These errors
mostly result from faulty systems, processes, and conditions that lead to mistakes. The second
challenge is to eradicate disparities in care. Racial and ethnic minorities and low-income groups
face disproportionately higher rates of disease, disability, and mortality, largely because of
variations in access to care, and quality of care. The third challenge is to reduce the burden of
chronic disease, which affects almost half of all Americans and accounts for three-quarters of
health care spending. The final challenge is to eliminate unnecessary and ineffective care that
compromises quality, drives up costs, and neglects the needs of patients. According to the
Institute of Medicine, an estimated 30%-40% of health care spending is wasted on unnecessary
and even unsafe care.8
While primarily focused on health care financing issues, the health reform debate has
encompassed a number of proposals to address these challenges and improve the delivery of
health care services. They include initiatives to encourage individuals to adopt healthier lifestyles,
and to change the way that physicians and other providers treat and manage disease. Delivery
reform proposals focus on (1) expanding the primary care workforce, (2) encouraging the use of
clinical preventive services, and (3) strengthening the role of chronic care management. The
current system places a high value on specialty care, rather than primary care. Patients with
multiple chronic conditions often receive care from several providers in different settings. Among
other things, this can compromise patients’ understanding of their conditions and ways to manage
them. And the incomplete or inaccurate transfer of information among providers can lead to poor
outcomes. Care coordination is seen as an important aspect of health care that helps avoid waste,
and the over- and underuse of medications, diagnostic tests, and therapies.
Health workforce policy has emerged as an important component of the health reform debate.
Transforming the nation’s health care delivery system—from one that is focused on fragmented
specialty care for acute illness to one that places a greater emphasis on primary care, disease
prevention, and the coordination and management of care for chronic illness across settings—
would require significant changes in health professions education and training. While some
advisory groups have warned of a future physician shortage, based on the growing patient
demand for services, others caution that simply adding more physicians to the current health care
system will increase costs and not improve accessibility or quality. Currently, the number of
physicians per capita varies significantly across the country. But that variation is largely driven by
where physicians like to live and practice, rather than by patient need. Moreover, higher physician
supply is not associated with better patient outcomes or satisfaction, or improved quality of care.9
Instead of focusing on overall physician supply, many health policy analysts recommend a
7 National Priorities Partnership, National Priorities and Goals: Aligning Our Efforts to Transform America’s
Healthcare. Washington, DC: National Quality Forum, 2008. For more information on the work of the Partnership, go
to http://www.nationalprioritiespartnership.org/.
8 Institute of Medicine, National Academy of Engineering, Building a Better Delivery System: A New
Engineering/Health Care Partnership. Washington, DC: National Academies Press, 2005.
9 David C. Goodman and Elliott S. Fisher, “Physician Workforce Crisis? Wrong Diagnosis, Wrong Prescription,” New
England Journal of Medicine, vol. 358, no. 16 (April 17, 2008), pp. 1658-1661.
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workforce policy that couples the training of more primary care physicians (and other primary
care providers) with the promotion and development of integrated systems of care.
Expanding the use of clinical preventive services is a key goal of delivery reform and often touted
as having the potential to reduce health care costs. Such services include immunizations and other
interventions that prevent the onset of disease (known as primary prevention), and screening tests
that detect the presence of an incipient disease (known as secondary prevention). While there is
clear evidence that clinical preventive services can improve health and may be cost-effective (i.e.,
providing good value for their cost), few of these interventions are cost-saving.10
Proponents of delivery reform have also embraced the concept of a medical home, intended to
improve the quality of care through partnerships between patients and specially trained primary
care physicians. In this model, the physician helps the patient manage his or her own care and
coordinates services across settings (specialists’ offices, hospitals, and laboratories) and types of
care (acute, chronic, and preventive). Concern about the rising costs of treating chronic disease
and the lack of coordination of care also has generated keen interest in disease management
programs. These programs, typically focused on a specific disease such as diabetes, can help
patients manage their own care. Program elements include patient education, symptom
monitoring, and adherence to treatment plans. Disease management programs share similarities
with the medical home concept. But whereas the medical home is built around a physician-patient
partnership, disease management programs typically are run by health plans or specialized
vendors.
Drivers of Reform
Health care delivery reform relies on putting in place mechanisms to drive change in the systems
of care. Key drivers include performance measurement and the public dissemination of
performance information, comparative effectiveness research, adoption of health information
technology, and, most important, alignment of payment incentives with high-quality care. Most
health policy experts concede that improvements in the quality of health care will not be fully
realized unless providers have financial incentives to change the way they deliver health care
services. Under fee-for-service, the predominant method of payment, physicians are paid based
on the volume of billable services, rather than the value or quality of care they provide.
Increasingly, public and private payers are linking a portion of provider payments to their
performance on a set of quality measures. Many policymakers are interested in expanding these
pay-for-performance initiatives to incentivize other changes to the health care delivery system.
The use of performance measures to track the quality of care is growing in both the private and
public health sectors, though concerns about the development and use of such data remain. The
public reporting of quality information is seen as a necessary step in helping patients make
informed choices about health care services and the organizations that provide them.
10 Joshua T. Cohen et al., “Does Preventive Care Save Money? Health Economics and the Presidential Candidates,”
New England Journal of Medicine, vol. 358, no. 7 (February 14, 2008), pp. 661-663.
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American Recovery and Reinvestment Act
Congress moved toward reforming the health care delivery system when it enacted the American
Recovery and Reinvestment Act (ARRA; P.L. 111-5) in February 2009. ARRA incorporated the
Health Information Technology for Economic and Clinical Health (HITECH) Act, which is
intended to promote the widespread adoption of health information technology (HIT) for the
electronic sharing of clinical data among hospitals, physicians, and other health care stakeholders.
It also included $2 billion to fund HIT grant programs authorized by the HITECH Act.11
HIT, which generally refers to the use of computer applications in medical practice, is widely
viewed as a necessary and vital component of health care reform. It encompasses interoperable
electronic health records (EHRs)—including computerized systems to order tests and
medications, and support systems to aid clinical decision making—and the development of a
national health information network to permit the secure exchange of electronic health
information among providers. The promise of HIT comes not from automating existing practices,
but rather its use as a tool to help overhaul the delivery of care. HIT has the potential to enable
providers to render care more efficiently; for example, by eliminating the use of paper-based
records and reducing the duplication of diagnostic tests. It can also improve the quality of care by
identifying harmful drug interactions and helping physicians manage patients with multiple
conditions. The widespread use of HIT could provide large amounts of clinical data for
comparative effectiveness research, performance measurement, and other activities aimed at
improving health care quality.
Overview of Report
The Patient Protection and Affordable Care Act—referred to in this report as H.R. 3590, as passed
by the Senate—originally comprised nine titles that cover the following general topics: Title I–
health insurance; Title II–Medicaid, maternal and child health; Title III–Medicare, quality of care;
Title IV–prevention and wellness; Title V–health workforce; Title VI–transparency, fraud and
abuse, comparative effectiveness research, elder justice; Title VII–drugs and biologics; Title VIII–
long-term care insurance; and Title IX–revenues. Title X was added as a manager’s amendment
(S.Amdt. 3276) to the underlying Senate amendment to H.R. 3590. It amended numerous existing
provisions in Titles I through IX and added several new provisions.
This report summarizes the workforce, prevention, quality, and related provisions in H.R. 3590,
as passed by the Senate. The provisions are grouped and discussed under the following headings:
(1) Community Health Center Fund; (2) Health Centers; (3) Health Workforce (including
programs authorized under the Public Health Service Act, or PHSA, and under other statutes); (4)
Prevention and Wellness; (5) Maternal and Child Health; (6) Behavioral Health; (7) Quality; (8)
Health Disparities; (9) Health Information Technology; (10) Emergency Care; (11) Pain Care and
Management; (12) Elder Justice; (13) Food and Drug Administration (including provisions
relating to medical devices, biological drugs, and food labeling); (14) 340B Drug Pricing; (15)
Veterans Health Care; and (16) Miscellaneous. In most instances, each section of the report
begins with some background on current law and practice so as to provide context for the
11 For more information, see CRS Report R40181, Selected Health Funding in the American Recovery and
Reinvestment Act of 2009, coordinated by C. Stephen Redhead, and CRS Report R40161, The Health Information
Technology for Economic and Clinical Health (HITECH) Act, by C. Stephen Redhead.
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subsequent descriptions of the bill’s provisions. Several of the provisions discussed in this report
would affect federal direct spending and revenue, as scored by the Congressional Budget Office
(CBO).12 In addition, four sets of provisions would be amended by the reconciliation bill
(amendment in the nature of a substitute to H.R. 4872, as modified by the manager’s
amendment). Each of those reconciliation amendments is described following the summary of the
underlying provision.
Unless otherwise stated, references to “the Secretary” refer to the Secretary of Health and Human
Services (HHS). A list of all the acronyms used in the report is in the Appendix.
A companion product, CRS Report R40892, Public Health, Workforce, Quality, and Related
Provisions in H.R. 3962, summarizes the provisions in the House-passed health reform legislation
that are comparable to the Senate provisions discussed in this report. Both reports are organized
and formatted in the same way to ease comparison of the House and Senate bills. A crosswalk of
the two sets of provisions is provided in Table 1.
Other CRS Products
The following CRS reports discuss the private health insurance and Medicare provisions in the
Senate health reform legislation:
• CRS Report R40942, Private Health Insurance Provisions in Senate-Passed H.R.
3590, the Patient Protection and Affordable Care Act , by Hinda Chaikind et al.
• CRS Report R40981, A Comparative Analysis of Private Health Insurance
Provisions of H.R. 3962 and Senate-Passed H.R. 3590, coordinated by Chris L.
Peterson.
• CRS Report R40970, Medicare Program Changes in Senate-Passed H.R. 3590,
coordinated by Patricia A. Davis.
• CRS Report R40842, Community Living Assistance Services and Supports
(CLASS) Provisions in H.R. 3962 and Senate-Passed H.R. 3590, by Janemarie
Mulvey and Kirsten J. Colello.
In addition, the following general distribution memoranda, available from CRS, provide a
comparison of the provisions in H.R. 3962 with similar provisions in Senate-passed H.R. 3590:
• Side-by-Side Comparison of Provisions in Division C of H.R. 3962 (as passed by
the House), Similar Provisions in H.R. 3590 (as passed by the Senate), and
Current Law, updated January 7, 2010.
• Workforce Provisions in the House and Senate Health Reform Legislation: A
Side-by-Side Comparison of H.R. 3962 (as passed by the House) and H.R. 3590
(as passed by the Senate), updated January 8, 2010.
• Comparison of Prevention and Wellness Provisions in House and Senate Health
Reform Legislation, updated January 5, 2010.
12 CBO’s budgetary analysis of H.R. 3590, the Patient Protection and Affordable Care Act, as passed by the Senate, is
at http://www.cbo.gov/ftpdocs/113xx/doc11307/Reid_Letter_HR3590.pdf.
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Community Health Center Fund
H.R. 3590, as passed by the Senate, would amend numerous PHSA programs. While
authorizations of appropriations for many of these programs have expired, in most cases
programs continue to receive an annual appropriation. The Senate-passed measure includes new
authorizations of appropriations to fund most of these programs, typically through FY2014 or
FY2015. It also would create a multi-billion dollar Community Health Center Fund to which
would be appropriated a total of $8.5 billion over the five-year period FY2011 through FY2015.
As discussed below, those funds would be used to provide supplementary funding for the federal
health center program and the National Health Service Corps. An additional $1.5 billion would be
appropriated for the construction and renovation of community health centers.
The reconciliation bill would increase the Community Health Center Fund appropriation by $2.5
billion, providing a total of $11 billion over the five-year period FY2011 through FY2015. All of
the additional funds would be for the health center program.
Health Centers
Background and Issues
PHSA Sec. 330 authorizes the federal health center program, administered by the Health
Resources and Services Administration (HRSA), which provides grants to community health
centers, migrant health centers, health centers for the homeless, and health centers for residents of
public housing.13 Health centers are a key component of the nation’s health care safety net and
provide primary care and preventive services to many uninsured and underinsured. These centers
are required to accept all patients regardless of ability to pay and must offer sliding-scale fee
arrangements for patients. Health centers are located in medically underserved areas and target
populations with insufficient health care access. PHSA Sec. 224 provides health centers that
receive Sec. 330 funding with liability protection from medical malpractice claims under the
Federal Tort Claims Act (FTCA). FTCA coverage for health centers also applies to its employees,
board members, and certain contactors. However, it does not extend to health care providers who
volunteer their services at health centers. The Government Accountability Office (GAO) found
that the lack of medical malpractice coverage is a barrier to such volunteerism, though not the
only one. Other barriers to provider volunteerism include lack of time to volunteer, licensure
costs, misperceptions about litigiousness, and the limited capacity of health centers to recruit,
retain, and effectively use volunteers.14
The health center program, which enjoys broad bipartisan support, has been expanded in recent
years. In 2002, there were approximately 3,500 health center sites; in 2009, there are an estimated
9,000 sites.15 The program was reauthorized by the Health Care Safety Net Act of 2008 (P.L. 110-
355). The Act also included the requirement that GAO study the economic costs and benefits of
13 For more information on the health center program, go to http://bphc.hrsa.gov.
14 U.S. Government Accountability Office, Federal Torts Claims Act: Information Related to Implications of Extending
Coverage to Volunteers at HRSA-Funded Health Centers, 09-693R, June 24, 2009.
15 An individual health center may operate multiple sites.
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school-based health clinics (SBHCs) and their impact on student health. SBHCs are not explicitly
authorized in the PHSA, but have been established pursuant to the general authority to establish
community health centers. Studies show that health centers increase access to primary health care
services, which helps reduce disparities and reduce costs by averting more expensive emergency
room visits.16
Sec. 5601. Authorization of Appropriations
This section would amend PHSA Sec. 330 by authorizing to be appropriated for the health center
program the following amounts: $2,988,821,592 for FY2010; $3,862,107,440 for FY2011;
$4,990,553,440 for FY2012; $6,448,713,307 for FY2013; $7,332,924,155 for FY2014; and
$8,332,924,155 for FY2015. For FY2016 and subsequent fiscal years, the amount authorized to
be appropriated for that year would be based on a specified formula that takes into account the
preceding year’s appropriation, the per patient costs, and increases in the number of patients
served by the health centers program.
Nothing in this section would prevent a community health center (CHC) from contracting with
specified entities for the delivery of primary health care services that are available at the specified
entity to individuals who would otherwise be eligible for free or reduced-cost care if that
individual were able to obtain that care at the CHC. Such services may be limited in scope to the
primary health care services available at the facility. In order to receive funds under such a
contract, the clinic/hospital could not discriminate on the basis of an individual’s ability to pay
and would have to establish a sliding fee scale for low-income patients.
Sec. 10503. Community Health Center Fund
This section would transfer from the Community Health Center Fund the following amounts for
the health center program: $700 million for FY2011; $800 million for FY2012; $1 billion for
FY2013; $1.6 billion for FY2014; and $2.9 billion for FY2015. It also would appropriate $1.5
billion for construction and renovation of community health centers to be available for FY2011
through FY2015. Funds would remain available until expended.
Reconciliation Bill Sec. 2302.
This reconciliation provision would amend Sec. 10503 by transferring the following amounts for
the health center program: $1 billion for FY2011; $1.2 billion for FY2012; $1.5 billion for
FY2013; $2.2 billion for FY2014; and $3.6 billion for FY2015.
Sec. 10608. Liability Protection for Health Center Volunteers
This section would amend PHSA Sec. 224(o)(1) extending FTCA liability protection against
medical malpractice to officers, governing board members, employees, and contractors of free
clinics. (Note: Secs. 6801 and 10607 of the bill also address medical liability, as discussed later
under “Miscellaneous.”)
16 J. Hadley and P. Cunningham, “Availability of Safety Net Providers and Access to Care of Uninsured Persons,”
Health Services Research, vol. 39, iss. 5 (August 2004), pp. 1527-46.
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Sec. 4101. School-Based Health Centers
Subsection 4101(a) would require the Secretary to create a grant program for the establishment of
SBHCs. To receive a grant, an SBHC or a sponsoring facility of an SBHC would have to agree to
use grant funds for certain specified purposes including facility construction, expansion, and
equipment. SBHCs would be prohibited from using funds for personnel or to provide health
services. The Secretary would be required to give preference to SBHCs that serve a large
population of children eligible for the Medicaid and CHIP programs. The section would
appropriate, out of Treasury funds not otherwise appropriated, $50 million for each of FY2010
through FY2013, to remain available until expended.
Subsection 4101(b), as amended by Sec. 10402(a), would create a new PHSA Sec. 399Z-1,
School-Based Health Centers, requiring the Secretary to award grants for the operating costs of
SBHCs. To receive a grant, an SBHC would have to meet certain specified criteria, unless granted
a waiver for a specified time period, match 20% of the grant amount from non-federal sources
unless granted a waiver by the Secretary, agree to use grant funds for certain specified purposes
(including equipment, training, and personnel salaries), and agree to use grant funds to
supplement and not supplant funds received from other sources. SBHCs would be required to
provide only age-appropriate services and would be prohibited from providing abortion services
and from providing services to minors without parental or guardian consent. Entities that are in
violation of state reporting and parental notification laws, and entities receiving funding under
PHSA Sec. 330 that would overlap with the SBHC grant period would be prohibited from
receiving funds under this section. The Secretary would be authorized to give preference to
applicants who demonstrate ability to serve communities with specified barriers to access. In
addition, the Secretary would be authorized to consider whether an applicant received a grant
under this section to establish an SBHC. The section would authorize to be appropriated such
sums as may be necessary (SSAN) for each of FY2010 through FY2014.
Sec. 5208. Nurse-Managed Health Clinics
This section would create a new PHSA Sec. 330A-1, Nurse-Managed Health Clinics, requiring
the Secretary to establish a grant program to fund the operation of Nurse-Managed Health Clinics
(NMHCs) that provide comprehensive primary health care and wellness services to vulnerable or
underserved populations. To be eligible to receive a grant, an NMHC would have to submit an
application to the Secretary containing assurances that (1) nurses are a major provider of services
at the NMHC, (2) the NMHC will provide care to all patients regardless of income or insurance
status, and (3) the NMHC will establish a community advisory committee where the majority of
members are individuals served by the NMHC. When determining grant amounts, the Secretary
would be required to take into account the financial need of the NMHC, including other funding
sources available to the NMHC, and other factors determined appropriate by the Secretary. The
section would authorize to be appropriated $50 million for FY2010, and SSAN for each of
FY2011 through FY2014.
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Health Workforce
Background and Issues
Existing health professions education and training programs authorized under PHSA Title VII
provide funding to medical schools and other facilities to promote community-based and rural
practice, primary care, and opportunities for minorities and disadvantaged students. In the early
1970s, annual funding for Title VII programs reached over $2.5 billion (in 2009 dollars); in recent
years, it has been about $200 million. PHSA Title VIII authorizes a comparable set of programs to
promote nursing education and training. Appropriations authority for most Title VII and VIII
programs has expired, though many of them continue to receive funding. The National Health
Service Corps (NHSC) program, authorized under PHSA Title III, provides scholarships and
student loan repayments for medical students, nurse practitioners, physician assistants, and others
who agree to a period of service as a primary care provider in full-time clinical practice in a
federally designated Health Professional Shortage Area (HPSA). NHSC clinicians may fulfill
their service commitments in health centers, rural health clinics, public or nonprofit medical
facilities, or within other community-based systems of care. However, there is far more demand
for NHSC clinicians and there are many more clinicians interested in scholarships or loan
repayment opportunities than can be met under the program’s budget. Currently, HHS estimates
that the NHSC is filling only 8% of the total need for primary care practitioners in HPSAs.17
Medicare pays the costs of graduate medical education (GME) by making two types of payments
to teaching hospitals. First, direct graduate medical education (DGME) payments help cover the
costs of the residency training program, including resident salaries and benefits, supervisory
physician salaries, and administrative overhead expenses. DGME payments are calculated based
on the product of three factors: a hospital-specific per resident amount, a weighted count of full-
time equivalent (FTE) residents supported by the hospital, and the hospital’s Medicare patient
share. Second, indirect medical education (IME) payments, which vary with the intensity of a
hospital’s residency program, are intended to compensate hospitals for the higher costs of patient
care in teaching hospitals. Those costs are the result of such factors as having sicker patients and
the fact that inexperienced residents may order more tests. The IME adjustment is a percentage
add-on to a hospital’s Medicare payments for inpatient care and is based, in part, on the hospital’s
resident-to-bed ratio. Medicare includes the time that residents spend in both patient care and
non-patient care activities, including didactic activities, when calculating DGME payments.
When calculating IME payments, however, only the time spent in patient care activities is
included. In 2008, Medicare DGME and IME payments totaling an estimated $9 billion were paid
to more than 1,100 teaching hospitals to educate and train about 90,000 residents, equivalent to
approximately $100,000 per resident. Health policy analysts view Medicare GME payments as a
potentially important instrument for shaping future health workforce policy; for example, by
linking the subsidies to delivery system reform and by structuring them to encourage the training
of more generalists and to increase the amount of time residents spend in non-hospital settings
such as community health centers and rural health clinics.18
17 For more information on the NHSC program, see CRS Report R40533, Health Care Workforce: National Health
Service Corps, by Bernice Reyes-Akinbileje.
18 For a recent review of medical education in the United States and an analysis of the GME program and its potential
role in health care delivery reform, see the Medicare Payment Advisory Commission’s June 2009 Report to Congress:
Improving Incentives in the Medicare Program, Chapter 1, at http://www.medpac.gov/chapters/Jun09_Ch01.pdf.
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National Health Service Corps
Sec. 5207. Authorization of Appropriations
This section would amend PHSA Sec. 338H(a), authorizing the following amounts for NHSC
scholarships and loan repayments: $320,461,632 for FY2010; $414,095,394 for FY2011;
$535,087,442 for FY2012; $691,431,432 for FY2013; $893,456,433 for FY2014; and
$1,154,510,336 for FY2015. For FY2016 and subsequent fiscal years, the amount authorized to
be appropriated would be based on the amount appropriated for the preceding fiscal year, adjusted
by the product of the change in the costs of health professions education and the change in the
number of individuals residing in HPSAs.
Sec. 10503. Community Health Center Fund
This section would transfer from the Community Health Center Fund the following amounts for
the NHSC: $290 million for FY2011; $295 million for FY2012; $300 million for FY2013; $305
million for FY2014; and $310 million for FY2015. Funds would remain available until expended.
Sec. 5508(b). Counting Teaching Time Towards Service Obligation
This subsection would amend PHSA Sec. 338C(a) to allow up to 50% of the time spent teaching
by an NHSC member to be counted towards his or her service obligation. The provision would
not necessarily apply to individuals who are fulfilling their NHSC service requirement through
work in private practice.
Sec. 10501(n). Part-Time Service, Loan Repayment, Teaching
This section would amend PHSA Sec. 331, allowing the Secretary to waive the requirement that
NHSC service be provided in full-time clinical practice so that the service obligation could be
fulfilled on a half-time basis (i.e., a minimum of 20 hours per week in clinical practice).
Individuals fulfilling their service obligation in this manner would have to agree to double the
period of obligated service that would otherwise be required, or, if receiving loan repayment,
accept a minimum of two years of obligated service and 50% of the amount that would otherwise
be provided. The section also would amend PHSA Sec. 337 by deleting language that prohibits
the reappointment of members to the NHSC National Advisory Council. It would amend PHSA
Sec. 338B, increasing the maximum annual NHSC loan repayment amount from $35,000 to
$50,000, adjusted annually for inflation beginning in FY2012. Finally, the section would further
amend PHSA Sec. 338C(a) by striking the requirement added by Sec. 5508(b) of the bill and
instead permitting the Secretary to treat teaching as clinical practice for up to 20% of the period
of obligated NHSC service. However, for NHSC clinicians participating in the teaching health
centers GME program under new PHSA Sec. 340H (established by Sec. 5508(c) of the bill), up to
50% of time spent teaching may be counted towards the NHSC service obligation.
Sec. 5602. Designating Medically Underserved Populations and HPSAs
This section would require the Secretary, through a negotiated rulemaking process, to establish a
comprehensive methodology and criteria for designating medically underserved populations and
HPSAs. The Secretary would be required to consider the availability, timeliness, and
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appropriateness of the data necessary to make the designation and the impact of the methodology
and criteria on various populations, institutions, and stakeholders. The Secretary would be
required to (1) appoint a rulemaking committee and receive timely reports from the committee;
(2) publish an interim final rule, subject to public comment and subsequent revision, by July 1,
2010; and (3) publish a final rule by July 1, 2011.
Sec. 10908. Loan Repayment Tax Exclusion
This section would amend the Internal Revenue Code (IRC) Sec. 108(f) to exclude from an
individual’s gross income for tax purposes any amount received under the NHSC loan repayment
program or under state loan repayment or loan forgiveness programs that are intended to increase
the availability of health care services in HPSAs or underserved areas. The tax exclusion would
apply to amounts received by individuals in taxable years beginning after December 31, 2009.
Primary Care and Dentistry
PHSA Title VII, Part A, comprising Secs. 701-735, authorizes student loan programs for health
professions students. Sec. 735 establishes general provisions for the administration of the student
loan fund. Part C, comprising Secs. 747 and 748, authorizes grants for health professions schools
to develop and operate training programs in family medicine, general internal medicine, general
pediatrics, physician assistants, and general and pediatric dentistry. Funds may also be used to
provide financial assistance to medical students, interns, residents, and faculty who are
participants in such programs. Authority to fund those programs expired at the end of FY2002.
H.R. 3590, as passed by the Senate, includes the following sections that would establish or amend
existing programs to increase the supply of primary care providers.
Sec. 5201. Federally Supported Student Loan Funds
This section would amend PHSA Sec. 723(a) requiring medical students who receive loan funds
to practice in primary care for 10 years or until the loan is repaid, whichever comes first. For a
medical student who fails to comply with such requirements, the loan would accrue interest at a
rate of 2% per year higher than the initial rate. In addition, the Secretary would be prohibited
from requiring parental financial information when determining a loan applicant’s financial need.
Rather, the determination of whether to seek this information would be made at the discretion of
the school loan officer. The section also would add a sense of Congress that funds repaid under
the loan program should not be transferred to the Treasury or used for any purpose other than to
carry out this provision.
Sec. 5203. Pediatric Specialist Loan Repayment Program
This section would amend PHSA Title VII, Part E by adding a new subpart 3, Recruitment and
Retention Programs, and, within that new subpart, create a new PHSA Sec. 775, Investment in
Tomorrow’s Pediatric Health Care Workforce. The new section would require the Secretary to
establish and implement a pediatric specialty loan repayment program under which eligible
individuals would agree to work full-time for not less than two years in a pediatric medical
specialty, in pediatric surgery, or in child and adolescent mental and behavioral health care (which
could include substance abuse prevention and treatment). Eligible individuals, including
practicing or in training pediatric medical specialists, pediatric surgical specialists, and child and
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adolescent mental and behavioral professionals, would have to work for a provider serving in a
HPSA or medically underserved area, or among a medically underserved population that has a
shortage of the specified pediatric specialty and a sufficient pediatric population, as determined
by the Secretary, to support the specified pediatric specialty. In addition, individuals must be U.S.
citizens or permanent legal residents and, for those currently enrolled in a graduate program, the
program must be accredited and students must have an acceptable level of academic standing.
The program would pay up to $35,000 for each year of service, for a maximum of three years.
There would be authorized to be appropriated (1) $30 million for each of FY2010 through
FY2014 for loan repayments for pediatric medical specialists and pediatric surgical specialists;
and (2) $20 million for each of FY2010 through FY2013 for loan repayments for child and
adolescent mental and behavioral health professionals.
Sec. 5301. Primary Care Training and Enhancement
This section would strike and replace PHSA Sec. 747 authorizing the Secretary to award grants or
enter into contracts for a variety of activities to support training programs in primary care—
defined as family medicine, general internal medicine, or general pediatrics—and for capacity
building. Entities eligible for the training grants would include accredited public or nonprofit
hospitals, schools of medicine or osteopathic medicine, academically affiliated physician assistant
training programs, or public or private nonprofit entities. However, only schools of medicine or
osteopathic medicine would be eligible for capacity building grants. In awarding grants or
contracts, the Secretary would be required to give preference to qualified applicants proposing
certain specified activities. Grants awarded under this section would be for five years. The section
would authorize to be appropriated $125 million for FY2010, and SSAN for each of FY2011
through FY2014, and require that 15% of the amount appropriated in each fiscal year be allocated
to physician assistant training programs that prepare students for practice in primary care. For
purposes of carrying out programs that integrate academic administrative units and programs, the
section would authorize to be appropriated $750,000, out of the total amount authorized, for each
of FY2010 through FY2014.
Sec. 5302. Training Opportunities for Direct Care Workers
This section would add a new PHSA Sec. 747A that would require the Secretary to establish a
grant program to provide new training opportunities for direct care workers employed in specified
long-term care settings. Entities eligible for grants include accredited institutions of higher
education that have established a partnership with a long-term care setting as specified. Eligible
entities would be required to use grant funds to provide tuition and fee assistance for eligible
individuals, defined as individuals who are enrolled and making satisfactory progress in courses
provided by an eligible entity. Individuals receiving assistance under this section would be
required to work in the field of geriatrics, disability services, long term services and supports, or
chronic care management for a minimum of two years. There would be authorized to be
appropriated $10 million for the period FY2011 through FY2013.
Sec. 5303. Training in General, Pediatric, and Public Health Dentistry
This section would redesignate PHSA Sec. 748, as amended by Sec. 5103 of the bill, as PHSA
Sec. 749 and insert a new PHSA Sec. 748 authorizing the Secretary to make grants or enter into
contracts with specified entities to support training, provide financial assistance, and fund projects
for dental students, dental residents, dental hygienists, practicing dentists, or dental faculty in the
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fields of general dentistry, pediatric dentistry, or public health dentistry. The section also would
establish a faculty loan repayment program under which individuals agree to serve full-time as
faculty members in one of the specified dental fields, and the program agrees to pay specified
percentages of the principal and interest on their outstanding student loans based on the number
of years served as a full-time faculty member. Entities eligible for the programs under this section
would include dental and dental hygiene schools and approved residency or advanced educational
programs in the specified fields. Eligible entities also may partner with schools of public health so
that dental residents or dental hygiene students may receive master’s-level training in public
health. When making training awards, the Secretary would be required to give priority to certain
qualified applicants. When making awards for both the training and faculty loan repayment
programs, the Secretary would be required to give preference to applicants based on their record
of providing care in underserved areas or to populations experiencing health disparities, entities
that have established a formal relationship with Federally Qualified Health Centers (FQHCs),
rural health centers, or accredited teaching facilities, or to entities that in the two fiscal years prior
to receiving the award had an increased rate of placing their graduates in settings that serve health
disparity populations. The section would authorize to be appropriated $30 million for FY2010,
and SSAN for each of FY2011 through FY2015. Entities receiving funds would be permitted to
carry over funds across fiscal years, for up to three years, without obtaining permission from the
Secretary.
Sec. 5304. Alternative Dental Health Care Provider Demonstration
This section would add a new PHSA Sec. 340G-1 that would authorize the Secretary to establish
a demonstration program to train or employ alternative dental health care providers in order to
increase access to dental health care services in rural and other underserved communities.
Alternative dental health care providers include community dental health coordinators, advance
practice dental hygienists, independent dental hygienists, primary care physicians, dental
therapists, dental health aides, and any other health professionals the Secretary determines
appropriate. Entities eligible for this grant program include qualified institutions of higher
education, public-private partnerships, FQHCs, health facilities operated by an Indian tribe, the
Indian Health Service (IHS), a tribal organization or an urban Indian organization as specified,
state or county public health clinic, public hospitals or health systems, or other entities as
specified. The Secretary would be authorized to award 15 grants of not less than $4 million over a
five-year period. The section also specifies the funding disbursement formula for grants and states
that demonstration projects would be required to begin within two years after enactment and to
conclude not later than seven years after enactment. Additionally, this section would require the
Secretary to contract with the IOM to conduct a study of the demonstration program regarding
access to dental health care. Nothing in the section would prohibit an IHS-approved dental health
aide training program from being eligible for a grant under this section. There would be
authorized to be appropriated SSAN.
Sec. 5508(a) and (c). Teaching Health Centers
Subsection 5508(a) would add at the end of PHSA Title VII, Part C a new PHSA Sec. 749A,
Teaching Health Centers Development Grants, authorizing the Secretary to award grants to
teaching health centers (THC) to establish newly accredited or expanded eligible primary care
residency programs. The section would define a THC as a community-based, ambulatory patient
care center that operates a primary care residency program, including the following entities:
FQHCs, community mental health centers, Rural Health Clinics (RHCs), Indian health centers,
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and entities receiving funds under PHSA Title X (family planning program). It would require that
grants be awarded for not more than three years with a maximum award of $500,000. Grant funds
would be required to be used for activities associated with establishing or expanding a primary
care residency training program including curriculum development; faculty and trainee
recruitment, training, and retention; accreditation; and other specified purposes. The Secretary
would be required to give preference to applications that document an existing affiliation
agreement with an AHEC. In addition, there would be authorized to be appropriated $25 million
for FY2010, $50 million for FY2011 and for FY2012, and SSAN for each fiscal year thereafter.
No more than $5 million annually may be used for technical assistance program grants.
Subsection 5508(c) would amend PHSA Title III, Part D by adding a new Subpart XI, Support of
Graduate Medical Education in Qualified Teaching Health Centers, and, within this subpart,
create a new PHSA Sec. 340H, Program of Payment to Teaching Health Centers that Operate
Graduate Medical Education Programs. The new section would require the Secretary to make
payments for direct and indirect costs to qualified THCs for expansion of existing or
establishment of new approved graduate medical residency training programs. It would specify
how direct and indirect graduate medical education payments to THCs and annual updates for
payments would be calculated. It also would require the Secretary to limit the funding of full-time
equivalent residents to ensure that these payments do not exceed the annual appropriation under
this section. The section would specify that THC graduate medical education payments would be
in addition to any indirect or direct payments made to teaching hospitals and would not count
against the limit on the number of full-time equivalent residents paid for by Medicare or by
Children’s Hospital Graduate Medical Education Programs. The section also would require the
Secretary to determine any changes to the resident reporting requirements to determine whether
hospitals have received overpayments. It would specify annual reporting requirements and
authorize the Secretary to audit THCs. The section would require the Secretary to reduce the
amount of payments made to a THC by 25% if a THC fails to report certain information, and
would specify the THC’s opportunity to remediate the failure to report. The Secretary would be
required to promulgate regulations to carry out this section. To carry out the section, there would
be appropriated SSAN, not to exceed $230 million, for the period FY2011 through FY2015.
Nursing Workforce
PHSA Title VIII, comprising Secs. 801-855, authorizes several programs to support nursing
workforce development. These programs include funding for grant and scholarship programs for
graduate and undergraduate nursing education in specified areas of nursing, including cultural
competency, workforce diversity, nurse faculty members, advanced education nurses, and
geriatric nursing. H.R. 3590, as passed by the Senate, would modify and reauthorize several of
these existing programs.
Sec. 5202. Nursing Student Loan Program
This section would amend PHSA Sec. 836 by increasing the annual maximum amount of loan
funds a recipient can receive during FY2010 and FY2011 from $2,500 to $3,300; increasing the
final two-year amounts from $4,000 to $5,200 per year; and increasing the total loan amount from
$13,000 to $17,000. The section would provide, for loans made after FY2011, for a cost-of-
attendance increase for the yearly and aggregate amounts. The section also would amend
applicable dates to require that financial need be a criterion for receiving a loan after 2000.
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Additionally, it would provide for partial loan cancellation for loan recipients working as full-
time nurses in public or nonprofit settings who received loan funds before September 29, 1995.
Sec. 5305(c). Geriatric Education and Training
This subsection would amend PHSA Sec. 855 to include new language establishing traineeships
for individuals preparing for advanced degrees in geriatric nursing or other nursing areas that
specialize in elder care. It would authorize to be appropriated SSAN for each of FY2010 through
FY2014. Note: Subsections 5305(a) and (b) of this bill amend the geriatric education and training
provisions in PHSA Sec. 753; see below.
Sec. 5308. Advanced Nursing Education Grants
This section would amend PHSA Sec. 811 to establish separate authorizations for the support of
nurse practitioner and nurse midwifery programs. It also would insert new language establishing
expanded grant eligibility criteria for nurse midwifery programs. The section would delete the
prohibition on obligating more than 10% of the traineeships for individuals in doctoral programs.
Sec. 5309. Nurse Education, Practice, and Retention Grants
This section would amend PHSA Sec. 831 by renaming the grant program, Nurse Education,
Practice, and Quality Grants. It also would delete the provision’s support for internship and
residency programs to encourage mentoring and the development of specialties within nursing.
The section would restate certain specified grant priority activities, and would redefine nursing
schools to have the same meaning as the term in Sec. 801(2). The section would authorize to be
appropriated SSAN for each of FY2010 through FY2014.
Additionally, the section would add a new PHSA Sec. 831A, Nurse Retention Grants, authorizing
the Secretary to provide funding to eligible entities for nurse retention and promotion (“career
ladder”) programs. The Secretary would be required to give preference to entities that have not
received a grant under this subsection, to entities that have not received a grant under the earlier
nursing “career ladder” grant program, and to entities that address other high-priority areas as
determined by the Secretary. The section would authorize to be appropriated SSAN to carry out
grant programs in this section for each of FY2010 through FY2012.
Sec. 5310. Student Loan Repayment and Scholarship Program
This section would amend PHSA Sec. 846 by expanding eligibility for the nursing student loan
repayment and scholarship program to individuals who agree to serve as nurse faculty at an
accredited school of nursing for two years or more. This section also contains several technical
and conforming amendments for PHSA Title VIII, including redesignating Sec. 841 (Funding) as
Sec. 871.
Sec. 5311. Nurse Faculty Loan Program
This section would amend PHSA Sec. 846A by renaming the nurse faculty loan program School
of Nursing Student Loan Fund. It would add the requirement that loan fund agreements must be
made with accredited schools of nursing. Priority would be given to support for doctoral nursing
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students. The section also would increase the annual loan limit from $30,000 to $35,500 for
FY2010 and FY2011. Thereafter, the annual loan limit would be adjusted to provide for a cost-of-
attendance increase. The bill would authorize to be appropriated SSAN for each of FY2010
through FY2014.
Additionally, the section would create a new PHSA Sec. 847 authorizing the Secretary, acting
through HRSA, to enter into an agreement with eligible individuals for the repayment of qualified
education loans for the purpose of increasing the number of qualified nursing faculty. Award
recipients would be required to serve as a faculty member at an accredited school of nursing for at
least four of the six years after (1) the individual receives a qualifying degree; or (2) the date the
individual entered the agreement. Priority would be given to support for doctoral nursing
students. The section also would set the annual loan limit at $10,000 for individuals with a
master’s or equivalent degree in nursing ($20,000 for those with a doctorate or equivalent degree
in nursing), and an aggregate loan limit of $40,000 for individuals with a master’s or equivalent
degree in nursing ($80,000 for those with a doctorate or equivalent degree in nursing) for FY2010
and FY2011. Thereafter, the annual loan limits would be adjusted to provide for a cost-of-
attendance increase. There would be authorized to be appropriated SSAN for each of FY2010
through FY2014.
Sec. 5312. Authorization of Appropriations
This section would amend PHSA Sec. 871 (as redesignated by Sec. 5310 of this bill) by
authorizing to be appropriated $338 million in FY2010 for Title VIII Parts B, C, and D (i.e., Secs.
811, 821, and 831), and SSAN for each of FY2011 through FY2016.
Sec. 5509. Medicare Graduate Nurse Education Demonstration Program
This section would require the Secretary to establish a graduate nurse education demonstration
program in Medicare. Under the demonstration program, up to five eligible hospitals would
receive Medicare reimbursement for clinical training costs attributed to providing advanced
practice nurses with qualified training. An advanced practice nurse would include a clinical nurse
specialist, a nurse practitioner, a certified registered nurse anesthetist, and a certified nurse
midwife as defined by Medicare statute. Advance practice nurses would receive training in the
clinical skills necessary to provide primary care, preventive care, transitional care, chronic care
management, and other nursing services appropriate for the Medicare-eligible population. At least
half of all clinical training would occur in non-hospital community-based care settings. However,
the Secretary would be authorized to waive this requirement for eligible hospitals located in rural
or medically underserved areas. For any year, Medicare’s payment amount would not exceed the
amount of training costs attributed to an increase in the number of advance practice nurses
enrolled in a qualified program during the year compared to the average number who graduated
from that program in each year from January 1, 2006, to December 31, 2010 (as determined by
the Secretary). To carry out this section, there would be appropriated, out of any funds in the
Treasury not otherwise appropriated, $50 million for each of FY2012 through FY2015, with
amounts remaining available until expended.
Sec. 10501(e). Family Nurse Practitioner Demonstration
This section would require the Secretary to establish a demonstration program to provide recently
qualified nurse practitioners with 12 months of training for careers as primary care providers in
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FQHCs and NMHCs (see Sec. 5208 of this bill). Eligible FQHCs and NMHCs would receive
three-year grants to create a training model that may be replicated nationwide. Grant amounts
could not exceed $600,000 per year. To be eligible for acceptance into a training program, a nurse
practitioner would have to demonstrate a commitment to a career as a primary care provider in an
FQHC or NMHC. Preference would be given to bilingual candidates. The Secretary would be
authorized to award grants to one or more FQHCs or NMHCs with expertise in establishing nurse
practitioner residency training programs to provide technical assistance to other grantees. There
would be authorized to be appropriated SSAN for each of FY2011 through FY2014 to carry out
the demonstration program.
Public Health Workforce
PHSA Title VII, Part E, Subpart 2, comprising Secs. 765-770, authorizes the Secretary to conduct
programs for public health workforce development by providing grants or contracts to schools,
state and local health agencies, and others to operate public health training and re-training
programs. Programs include grants for Public Health Training Centers; tuition, fees, and stipends
for traineeships in public health and in health administration; and residency programs in
preventive medicine and dental public health. Appropriations authority for these programs has
expired, though all except the health administration traineeships continue to receive funding.
Sec. 5204. Public Health Workforce Loan Repayment Program
This section would create a new PHSA Sec. 776 requiring the Secretary, depending on
appropriations, to establish a Public Health Workforce Loan Repayment Program for public
health or health professionals who agree to work in a federal, state, local, or tribal public health
agency or applicable fellowship after graduation. Among other contractual obligations, recipients
would be required to serve for at least three years, or as determined by the Secretary. Annual
repayment would be capped at $35,000 per individual, or one-third of total debt, whichever is
less. The section would authorize the appropriation of $195 million for FY2010, and SSAN for
each of FY2011 through FY2015.
Sec. 5206. Grants for State and Local Programs
This section would amend PHSA Sec. 765 to add public health workforce loan repayment
programs to the list of the allowable activities for public health workforce development grants.
The section also would create a new PHSA Sec. 777 authorizing the Secretary to make awards to
eligible educational entities to award scholarships for the training of mid-career professionals in
public health and allied health. Eligible individuals would include federal, state, tribal, or local
public health and allied health employees. There are no stated scholarship amounts or service
obligations. The section would authorize the appropriation of $60 million for FY2010, and SSAN
for each of FY2011 through FY2015. Appropriated funds would have to be evenly divided
between programs for public health professionals and those for allied health professionals.
Sec. 5209. Elimination of Cap on Commissioned Corps
Sec. 202 of P.L. 102-394, appropriations for Labor/HHS/Education for FY1993, capped the
number of commissioned officers in the U.S. Public Health Service Regular Corps (versus the
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Reserve Corps) at 2,800 and prohibited the use of appropriations from that Act, or any subsequent
appropriations act, to fund additional positions.19 This section would amend Sec. 202 of P.L. 102-
394 by eliminating the cap.
Sec. 5210. Establishing a Ready Reserve Corps
This section would amend PHSA Sec. 203 to replace all mentions of the U.S. Public Health
Service Reserve Corps with “Ready Reserve Corps.” In addition, members of the Reserve Corps
serving on active duty would be deemed to be members of the Regular Corps. The Ready Reserve
Corps would address a number of specified needs for additional commissioned personnel to assist
the Regular Corps on short notice, for both routine public health and emergency response
missions. The section would authorize the appropriation, for each of FY2010 through FY2014, of
$5 million for recruitment and training, and $12.5 million for the Ready Reserve Corps.
Sec. 5313. Grants to Promote the Community Health Workforce
This section, as amended by Sec. 10501(c) of the bill, would create a new PHSA Sec. 399V,
requiring the CDC Director to award grants to eligible entities to promote positive health
behaviors and outcomes for populations in medically underserved communities through the use of
community health workers (CHWs). Funds would be used, among other things, to educate, guide,
and provide outreach, including regarding enrollment in federal and state health programs; to
identify and refer underserved populations to community-based programs; and to provide home
visitation services. The Secretary would be required to establish guidelines for training and
supervision of CHWs, monitor programs that receive grants, and provide technical assistance.
Eligible entities would be public or nonprofit private entities, including states or subdivisions of
states, public health departments, free health clinics, hospitals, FQHCs, or consortia of the above.
The bill would authorize to be appropriated SSAN for each of FY2010 through FY2014.
Sec. 5314. Fellowship Training in Public Health
This section would add a new PHSA Sec. 778 authorizing the Secretary to expand existing CDC
public health training fellowships in epidemiology, laboratory science, and informatics; the
Epidemic Intelligence Service (EIS); and other training programs that meet similar objectives.
Participants could be placed in state and local health agencies, and states could receive federal
assistance for loan repayment programs for such participants. The section would authorize, for
each of FY2010 through FY2013, the appropriation of $24.5 million for EIS fellowships, and $5
million each for epidemiology, laboratory, and informatics fellowships.
Sec. 5315. United States Public Health Sciences Track
This section would add a new PHSA Title II, Part D, United States Public Health Sciences
Track, consisting of four new PHSA sections, described below. The Secretary and the U.S.
Surgeon General (SG) would be required to consult with the National Health Care Workforce
Commission (as established in Sec. 5101 of the bill) in administering activities under this Part.
New PHSA Sec. 271 would establish a science track at academic sites selected by the Secretary,
19 The ceiling was raised to 4,000 in Sec. 222 of P.L. 111-8, the Omnibus Appropriations Act, 2009.
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to award degrees that emphasize team-based service, public health, epidemiology, and emergency
preparedness and response. The track would be organized so as to graduate, annually, specified
minimum numbers of students of medicine, dentistry, nursing (including advanced nursing),
public health, behavioral and mental health, physician assistance, and pharmacy.
New PHSA Sec. 272 would delegate administration of the science track to the SG, whose duties
would include designating faculty and establishing their salary and benefits. The SG would be
authorized to negotiate agreements to use appropriate federal and private accredited institutions to
support the functions of the science track, and would be required to establish appropriate
programs of continuing medical education. Also, the SG would, contingent upon available budget
authority, be authorized to enter in contracts; award grants; accept gifts, grants, and voluntary
services; and take such other specified actions as needed to administer the science track. Persons
who provided voluntary services would be considered federal employees for the purposes of
Chapter 81 of U.S.C. Title 5 (compensation for work-related injuries) and Chapter 171 of U.S.C.
Title 28 (tort claims), but not considered as federal employees for any other purpose.
New PHSA Sec. 273 would establish requirements for selection of students for the science track,
and their service obligations. The SG would be required to develop selection procedures, giving
priority to students from rural communities and underrepresented minorities. Subject to
appropriations, the SG could provide students with funding (as established by the SG) for tuition
and a stipend for up to four years, subject to specified contractual obligations, among them a
requirement to serve in the Commissioned Corps of the Public Health Service for a period of two
years for each year of supported student enrollment. The term of obligated service could be
reduced for specified reasons, including service in a federal medical facility located in a HPSA.
Students dropped from the science track for deficiencies of conduct or studies, or other reasons,
would be liable to the U.S. government for tuition and stipend support provided. The SG would
be required to emphasize community-based training and to prioritize institutions that jointly train
different types of providers through a shared curriculum. In addition, the SG would be required to
develop criteria for the appointment of promising science track faculty, students, and graduates to
elite federal disaster preparedness teams to train and to respond to public health emergencies.
New PHSA Sec. 274 would require the Secretary, beginning in FY2010, to transfer from the
Public Health and Social Services Emergency Fund SSAN to carry out this new Part.20
Sec. 10501(m)(1). Preventive Medicine and Public Health Training Grants
This subsection would replace the existing PHSA Sec. 768 with new language, requiring the
Secretary to award grants to contracts for preventive medicine residency training. Eligible entities
would be accredited schools of medicine, osteopathic medicine, or public health; accredited
public or private hospitals; state, local, or tribal health departments; or consortia of the above.
Sec. 10501(m)(2). Authorization of Appropriations
This subsection would amend PHSA Sec. 770(a) by authorizing to be appropriated $43 million
for FY2011, and SSAN for each of FY2012 through FY2015 for PHSA Secs. 765-769.
20 The Public Health and Social Services Emergency Fund is an HHS account administered by the Secretary, which
Congress has typically used to provide one-time funding for non-routine activities.
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Workforce Diversity, Cultural Competency, Interdisciplinary and
Community-Based Training
PHSA Title VII, Part B, comprising Secs. 736-741, authorizes several programs intended to
promote diversity in the health workforce. Sec. 736 requires that the Secretary award grants to
establish Centers of Excellence (COEs) at health professions schools that recruit and train
significant numbers of underrepresented minority students to help support and facilitate those
activities. Funds are allocated to the various types of COEs according to a formula, which is
based on whether the appropriation for a given fiscal year is (1) $24 million or less, (2) more than
$24 million but less than $30 million, or (3) $30 million or more. Centers must maintain their
prior level of non-federal expenditures, and must first expend other federal funds before
expending grant funds. Appropriations authority expired at the end of FY2002. Secs. 737 and 739
authorize scholarships and other educational assistance for students from disadvantaged
backgrounds. Sec. 738 requires the Secretary to establish a loan repayment program for
individuals from disadvantaged backgrounds with a health professions degree or in the final year
of study who agree to serve as a faculty member in a health professions school. Eligible
individuals may receive up to $20,000 of education loan repayment for each year they serve as
faculty. Sec. 741 authorizes grants to carry out research and demonstration projects on training
health professionals how to reduce disparities in health care outcomes and provide culturally
competent health care. Title VIII, Sec. 821 authorizes grants to increase nursing education
opportunities for individuals from disadvantaged backgrounds.
Title VII, Part D, comprising Secs. 750-758, authorizes several grant programs to support
interdisciplinary, community-based health workforce training. Sec. 751 authorizes the AHEC
program, which provides grants to medical and nursing schools to establish and maintain
community-based, primary care training programs in off-campus rural and underserved areas. The
AHEC program is intended to educate and train students to become culturally competent primary
care health professionals who will provide care to underserved populations. Appropriations
authority expired at the end of FY2002. Sec. 752 authorizes funding for health education and
training centers. To receive funding, an entity must be otherwise eligible for an AHEC award and,
among other things, address unmet health care needs along the border between the United States
and Mexico, in Florida, and in other urban and rural areas with serious unmet health care needs.
Sec. 753 authorizes funding for Geriatric Education Centers (GECs) to develop and provide
training programs in geriatrics, and requires the Secretary to establish a faculty fellowship
program in geriatrics.
H.R. 3590, as passed by the Senate, includes the following sections that would amend and expand
existing workforce diversity and interdisciplinary, community-based training programs.
Sec. 5305(a) and (b). Geriatric Education and Training
Subsection 5305(a) would amend PHSA Sec. 753 by adding two new subsections. The first
subsection would require the Secretary to award grants or contracts for geriatric workforce
development fellowship and training programs to qualified entities that operate a Geriatric
Education Center (GEC). The awards would be used to (1) offer short-term intensive courses on
geriatrics, chronic care management, and long-term care; and (2) offer family caregiver and direct
care provider training, or develop and incorporate into all training courses best practices material
on mental disorders among the elderly, medication safety issues for the elderly, and managing
dementia. Each award would be $150,000 with no more than 24 GECs authorized to receive an
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award. There would be authorized to be appropriated $10.8 million for the period FY2011
through FY2014.
The second new subsection would create incentive grants or contracts for certain qualified health
professionals entering the field of geriatrics, long-term care, and chronic care management.
Health professionals receiving this award would be required to teach or practice in one of the
above fields for a minimum of five years. There would be authorized to be appropriated $10
million for this program for the period FY2011 through FY2013.
Subsection 5305(b) would further amend PHSA Sec. 753 by expanding eligibility for geriatric
academic career awards to qualified faculty at any accredited health professions school, as
determined by the Secretary. Entities receiving an award must meet specified targets and use
award funds to supplement and not supplant funds otherwise available to the GEC.
Sec. 5307. Cultural Competency, Prevention, and Public Health and
Individuals with Disabilities Training
This section would amend PHSA Sec. 741 requiring the Secretary to support the development
and evaluation of research, demonstration projects, and model curricula for use in health
professions schools and continuing education programs for providing training in cultural
competency, prevention, public health proficiency, reducing health disparities, and aptitude for
working with individuals with disabilities. The Secretary would be required to collaborate with
specified entities and other organizations as deemed appropriate, and to coordinate with curricula
and research and demonstration projects developed under PHSA Sec. 807. The Secretary also
would be required to evaluate the adoption and implementation of the curricula, to facilitate their
inclusion into quality measurement systems as appropriate, and to make them available through
the Internet. There would be authorized to be appropriated SSAN for each of FY2010 through
FY2015.
In addition, the section would amend PHSA Sec. 807—a grant program for cultural and linguistic
competence training for nurses—to create a program for the nursing workforce that is parallel to
the one authorized under Sec. 741 (as amended) and to require coordination with that program. To
carry out Sec. 807, there would be authorized to be appropriated SSAN for each of FY2010
through FY2015.
Sec. 5401. Centers of Excellence
This section would amend PHSA Sec. 736 by modifying the Centers of Excellence (COE)
funding formula to add an additional set of specifications for allocating funds among the various
types of COEs when the appropriation is $40 million or more. It would authorize to be
appropriated for the COE program $50 million for each of FY2010 through FY2015, and SSAN
for each subsequent fiscal year.
Sec. 5402. Health Care Professionals Training for Diversity
This section would amend PHSA Sec. 738(a) by increasing the annual limit on the loan
repayment amount to $30,000. In addition, the section, would amend PHSA Sec. 740 by
authorizing the following appropriations: (1) for Sec. 737 scholarships, $51 million for FY2010,
and SSAN for each of FY2011 through FY2014; (2) for Sec. 738 loan repayments and
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fellowships, $5 million for each of FY2010 through FY2014; and (3) for Sec. 739 educational
assistance, $60 million for FY2010, and SSAN for each of FY2011 through FY2014.
Sec. 5403. Interdisciplinary, Community-Based Linkages
This section would amend PHSA Sec. 751, Area Health Education Centers, replacing the
existing provisions with new language. The new section would expand the current AHEC
program and require the Secretary to award (1) infrastructure development grants to medical and
nursing schools to plan, develop, and operate AHEC programs; and (2) point-of-service
maintenance and enhancement grants to maintain and improve the effectiveness of existing
AHEC programs. As with the current AHEC program, the new section would require a non-
federal match, set the minimum award at $250,000, and place certain time limits on the award
period. It would authorize to be appropriated $125 million for each of FY2010 through FY2014.
It would be the sense of Congress that every state has an AHEC program.
In addition, the section would replace the existing section with a new PHSA Sec. 752, Continuing
Education Support for Health Professionals Serving in Underserved Communities, requiring the
Secretary to award grants to health professions schools, academic health centers, and state or
local governments, among others, to fund innovative activities to enhance education through
distance learning, continuing education, collaborative conferences, and telehealth, with a focus on
primary care. It would authorize to be appropriated $5 million for each of FY2010 through
FY2014, and SSAN for each subsequent fiscal year.
Sec. 5404. Workforce Diversity Grants
This section would amend PHSA Sec. 821 by expanding the allowable uses of diversity grants to
include stipends for diploma or associated degree nurses to enter a bridge or degree completion
program, student scholarships or stipends for accelerated nursing degree programs, and advanced
education preparation. In lieu of the existing consultation requirements, it would require the
Secretary to take into account the recommendations of the National Advisory Council on Nurse
Education and Practice and consult with nursing associations including the National Coalition of
Ethnic Minority Nurse Associations and other appropriate organizations.
Sec. 5405. Primary Care Extension Program
This section, as amended by Sec. 10501(f) of the bill, would add a new PHSA Sec. 399V-1,
Primary Care Extension Program, to fund the creation of local Primary Care Extension Agencies
to support and educate primary care providers about preventive medicine, health promotion,
chronic disease management, mental health services, and evidence-based therapies. Primary care
providers would work with community-based health connectors, referred to as “Health Extension
Agents.” These agents would be any local, community-based health worker who provides
assistance by implementing quality improvement or system redesign that incorporates the
principles of the patient-centered medical home, provides guidance to patients in culturally and
linguistically appropriate ways, and links practices to diverse health system resources.
The Secretary would be required to award competitive grants to states to establish Primary Care
Extension Program State Hubs, consisting of the state health department and other specified
entities. Hubs would be required to contract with and provide grant funds to county or local
entities to serve as Primary Care Extension Agencies and organize statewide or multistate
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networks of such agencies to share information. Primary Care Extension Agencies would be
required to (1) assist primary care providers to implement a patient-centered medical home; (2)
develop and support primary care learning communities; (3) participate in a national network of
hubs and proposed how best practices can be shared; and (4) develop a plan for financial
sustainability after the initial six-year period of funding under this section is completed.
The section would authorize both six-year program grants for entities that submit a fully
developed hub plan, and two-year planning grants for entities to develop such a plan. A state
receiving a program grant would be evaluated at the end of the grant period. After the sixth year
of a grant, a state may receive additional support if its program receives a satisfactory evaluation.
There would be authorized to be appropriated $120 million for each of FY2010 and FY2011, and
SSAN for FY2013 and FY2014.
Sec. 10501(d). Physician Assistant Education
This section would amend PHSA Sec. 738(a) by adding schools offering physician assistant
education programs to the list of specified health professions schools.
Sec. 10501(l). Rural Physician Training Grants
This section would add a new PHSA Sec. 749B, Rural Physician Training Grants, requiring the
Secretary, acting through HRSA, to award grants to medical schools to recruit and provide
focused training and experiences to students likely to practice medicine in underserved rural
communities. Priority would be given to medical schools with a demonstrated record of training
students to practice in such communities, that have established rural community institutional
partnerships, or who submit a long-term plan for tracking program graduates. Entities receiving
grants would be required to use funds to establish, improve or expand a rural-focused training
program that meets certain specified requirements, including (1) enrolling at least 10 students
annually; (2) developing admission criteria that prioritize students with rural origins (as defined)
or with expressed commitment to practice in a rural area; (3) providing rural coursework and
clinical experiences applicable to rural communities; and (4) assisting program graduates with
rural residency placements. Grantees would have to use the funds to supplement and not supplant
federal and non-federal funds received from other sources, and maintain expenditures of non-
federal amounts at levels not less than those expended in the fiscal year prior to the entity’s
receipt of the grant. There would be authorized to be appropriated $4 million for each of FY2010
through FY2013.
Health Workforce Evaluation and Assessment
PHSA Title VII, Part E, Subpart 1, comprising Secs. 761-763, establishes various projects to
support health professions workforce information and analysis, including grants to entities in
order to develop analysis of and information on the health workforce, an Advisory Council on
Graduate Medical Education, and an evaluation of the number of pediatric rheumatologists. Other
advisory groups established under PHSA Title VII include the Advisory Committee on Training
in Primary Care Medicine and Dentistry and the Advisory Committee on Interdisciplinary,
Community-based Linkages (established under Secs. 748 and 756, respectively). In addition,
PHSA Title VIII, Part G (i.e., Sec. 845) establishes a National Advisory Council on Nurse
Education and Practice. Federal leadership for health workforce analysis is provided by HRSA’s
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National Center for Health Workforce Analysis (NCHWA), which is not explicitly authorized in
the PHSA.
The bill includes two sections that would add new language establishing a National Health Care
Workforce Commission and a state health care workforce development grants program. A third
section would replace existing PHSA provisions with new language creating in statute an
NCHWA, establishing State and Regional Centers for Health Workforce Analysis, and increasing
grant amounts for longitudinal evaluations of specified individuals who have received assistance
from certain PHSA Title VII programs. Finally, the bill would create a federal task force on
Alaska health care delivery.
Sec. 5101. National Health Care Workforce Commission
This section, as amended by Sec. 10501(a) of the bill, would establish a National Health Care
Workforce Commission to serve as a national resource that focuses on evaluating and meeting the
need for health care workers. The Commission would be composed of 15 members appointed by
the U.S. Comptroller General. It would be required to recognize partnerships that develop and
offer effective health care career pathways; disseminate information on promising practices; and
communicate important policies and practices regarding recruitment, retention, and training of the
health care workforce. The Commission would have to review health care workforce supply and
demand and make recommendations on national priorities and policies as well as review and
make recommendations on one or more additional specified high priority topics areas and submit
annual reports on both activities to Congress and the Administration beginning in 2011. The
report on national priorities and policies would be due by October 1 each year; the report on high
priority topics would be due by April 1 each year. The Commission also would be required to (1)
review implementation progress reports and report on the state health care workforce
development grants program (established by Sec. 5102 of the bill); (2) study effective
mechanisms for financing education and training for careers in health care; (3) make
recommendations about improving health care workers’ safety, health, and protections in the
workplace; and (4) assess reports from the NCHWA (established under PHSA Sec. 761(b), as
amended by Sec. 5103 of the bill). There would be authorized to be appropriated SSAN to carry
out this section.
Sec. 5102. State Health Care Workforce Development Grants
This section would establish a competitive health care workforce development grants program for
the purpose of enabling state partnerships to plan and implement activities leading to coherent
and comprehensive health care workforce development strategies at the state and local levels.
HRSA would be responsible for administering the program, in consultation with the Commission
(established by Sec. 5101 of the bill). HRSA would also provide technical assistance to grantees
and report performance information to the Commission. For planning grants, it would authorize
to be appropriated $8 million for FY2010, and SSAN for each subsequent fiscal year. For
implementation grants, it would authorize to be appropriated $150 million for FY2010, and
SSAN for each subsequent fiscal year.
Sec. 5103. Health Care Workforce Program Assessment
This section would amend PHSA Sec. 761 by requiring the Secretary to (1) establish a National
Center for Health Workforce Analysis; (2) establish State and Regional Centers for Health
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Workforce Analysis; and (3) increase grant amounts for longitudinal evaluations of specified
individuals who have received education, training, or financial assistance from programs under
PHSA Title VII. The section also would authorize the following appropriations for each of
FY2010 through FY2014: (1) $7.5 million for National Centers; (2) $4.5 million for State and
Regional Centers; and (3) SSAN for grants for longitudinal evaluations. Funds could be
authorized to be carried over from one fiscal year to another without obtaining approval from the
Secretary; however, funds would not be carried over for more than three years. The section would
require that all responsibilities of HRSA’s existing NCHWA be transferred to the new National
Center no later than 180 days after enactment.
The section would amend PHSA Sec. 791 by adding new language requiring the Secretary to give
preference in awarding grants or contracts under Secs. 747 and 750 to any qualified applicant that
utilizes a longitudinal evaluation and reports data from such system to a national workforce
database. It also would amend Secs. 748, 756, and 762 to include additional duties regarding
performance measures and guidelines for longitudinal evaluations for the Advisory Committee on
Training in Primary Care Medicine and Dentistry; the Advisory Committee on Interdisciplinary,
Community-based Linkages; and the Advisory Council on Graduate Medical Education.
Sec. 10501(b). Task Force on Alaska Health Care
This section would establish the Interagency Access to Health Care in Alaska Task Force to
develop a strategy to improve delivery of care to beneficiaries of federal health care systems in
Alaska. The Task Force would be composed of nine federal officials appointed by specified
Secretaries. The Task Force would be required, within 180 days of enactment, to submit a report
to Congress with recommendations, policies, and initiatives. It would be terminated upon
submission of the report.
Medicare Graduate Medical Education Payments
With certain exceptions, Medicare caps the number of residents used to calculate GME payments
for individual teaching hospitals at the level reported at the end of 1996. The Medicare
Prescription Drug, Improvement, and Modernization Act (MMA) of 2003 permitted a one-time
redistribution of up to 75% of a teaching hospital’s unused resident position to hospitals seeking
to increase their medical residency programs, according to specific priorities. Rural teaching
hospitals with fewer than 250 beds were exempt from the redistribution of any of their unfilled
positions. The redistributed resident positions have different DGME and IME payment formulas
from those used to reimburse hospitals’ other residents. Medicare does not set targets for the type
or mix of resident physicians that a hospital trains, nor are Medicare GME payments linked to
promoting or fostering specific goals in medical education.
Medicare allows teaching hospitals to receive DGME and IME payments for the time residents
rotate in non-hospital settings provided (1) they are performing patient care, and (2) the hospital
pays all or substantially all (i.e., 90%) of the costs of the training at the non-hospital site, which
include the resident stipends and fringe benefits and the costs associated with supervising
physicians. Time spent in non-patient care activities in the non-hospital setting is not counted
when calculating either type of payment. A hospital that jointly operates a residency program with
another hospital cannot include the time spent by residents working at a non-hospital site if it
incurs all or substantially all of the costs for only a portion of the residents in that program at the
non-hospital site. Additional regulatory requirements discourage rotations in non-hospital
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settings. Moreover, hospitals have a financial incentive to retain the often lower-cost clinical
labor that residents provide. While experts see value in having residents gain experience in
nonhospital settings such as community health centers and nursing facilities, residency programs
today are largely based in inpatient, acute-care teaching hospitals. H.R. 3590 includes the
following four sections, which collectively would make a number of changes to Medicare to
address these and related issues.
Sec. 5503. Distribution of Additional Residency Positions
This section would establish criteria to be used to reduce the otherwise applicable resident limit
for a hospital that has unused residency positions, as defined, and direct the Secretary to
redistribute 65% of those unused positions and assign them to other qualifying hospitals. Rural
hospitals with fewer than 250 beds and the replacement facility for the former Martin Luther
King Jr. Hospital would be exempt from the redistribution of any of their unfilled positions.
Certain other hospitals would be exempt if they have a specific plan in place for filling the unused
positions by no later than two years after enactment. No more than 75 FTE additional residents
would be made available to a qualifying hospital.
A hospital that qualifies for an increase in residency positions would have to maintain its base
level of primary care residents and ensure that not less than 75% of the additional positions are in
primary care or general surgery residency. When determining the increase in a hospital’s resident
limit, the Secretary would take into account such factors as the likely speed with which the
hospital would fill the positions, and whether the hospital has an accredited rural training track.
Residency positions would be allocated, according to a specified formula, among the following
qualifying facilities: (1) hospitals located in states with low resident-to-population ratios; (2)
hospitals located in states with a high percentage of the population living in a HPSA; and (3) rural
hospitals. DGME and IME payments for the redistributed residency positions would be made on
the same basis as the payments for existing residency positions.
Sec. 5504. Counting Resident Time in Other Settings
This section would require that all time spent by a resident in patient care activities be counted
towards the DGME payment, regardless of the setting, provided the hospital incurs the costs of
the stipends and the fringe benefits of the resident during the time spent in that setting. If more
than one hospital incurs those costs, then each hospital would count a proportional share of the
time that the resident spends training in that setting. Further, all the time spent by a resident in
patient care activities in a non-hospital setting would be counted towards the IME payment,
provided the hospital continues to incur those same costs. Again, if more than one hospital incurs
the costs, then each hospital would count a proportional share of the time that the resident spends
training in that setting.
Sec. 5505. Rules for Counting Resident Time for Non-Patient Care Activities
This section, as amended by 10501(j) of the bill, would require that resident time spent in certain
non-patient care activities—including attending conferences and seminars, but not research unless
it is associated with the treatment or diagnosis of a patient—in a non-hospital setting that is
primarily engaged in furnishing patient care be counted towards the DGME payment. In addition,
Medicare would count all the vacation, sick leave, and other approved leave spent by the resident
as long as the leave time does not extend the training program’s duration.
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When calculating IME payments, Medicare would adopt the same rules for counting residents’
leave time. Resident time spent in hospital settings (as defined) on certain non-patient care
activities—including attending conferences and seminars, but not research unless it is associated
with the treatment or diagnosis of a patient—would count towards the IME payment.
Sec. 5506. Preservation of Resident Cap Positions from Closed Hospitals
This section would direct the Secretary, by rulemaking, to establish a process to redistribute
medical residency slots from a hospital with an approved residency program that closes on or
after a date that is two years before enactment to increase the otherwise applicable residency limit
for other hospitals. Such residency slots would be redistributed based on a specified priority
order, with first priority given to hospitals located in the same or contiguous core-based statistical
area as the hospital that closed.
Other Workforce Provisions
Sec. 5205. Allied Health Workforce Recruitment and Retention Programs
This section would amend Sec. 428K of the Higher Education Act of 1965 to include, among
those eligible for a loan forgiveness program, an individual who is employed full-time as an allied
health professional in a federal, state, local and tribal public health agency. Additional qualified
employment locations would include acute care and ambulatory care facilities, and settings
located in HPSAs, medically underserved areas or among medical underserved populations, as
recognized by the Secretary.
The section would define the term “allied health professional,” as described in PHSA Sec.
799B(5), as an individual who has graduated and received an allied health professions degree or
certificate from an institution of higher education and is employed with a federal, state, local, or
tribal public health agency, or other qualified employment location.
Sec. 5507. Health Workforce Demonstrations; Family-to-Family Centers
This section would amend Title XX of the Social Security Act (SSA) by adding the following
new Sec. 2008, Demonstration Projects to Address Health Professions Workforce Needs,
establishing two separate demonstration projects. The first would require the Secretary, in
consultation with the Secretary of Labor, to award grants to conduct demonstration projects that
would provide individuals receiving assistance under the State Temporary Assistance for Needy
Families (TANF) program and other low-income individuals with the opportunity to obtain
education and training for occupations in the health care field that pay well and are expected to
either experience labor shortages or be in high demand. The second would require the Secretary
to award grants to states to conduct demonstration projects for the purposes of developing core
training competencies and certification programs for personal or home care aides. It would
require $85 million to be appropriated to the Secretary, out of any funds in the Treasury not
otherwise appropriated, to carry out both demonstration projects for each of FY2010 through
FY2014. The Secretary would be required to use $5 million of the amount appropriated for each
of FY2010 through FY2012 to carry out the second demonstration project. After FY2012, no
appropriated funds would be required to carry out this project.
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The section also would amend SSA Sec. 501(c), which authorizes $5 million for the Secretary
(through grants, contracts, or otherwise) to provide for special projects of regional and national
significance for the development and support of family-to-family health information centers. This
new language would appropriate to the Secretary, out of any money in the Treasury not otherwise
appropriated, $5 million for each of FY2009 through FY2012 to provide for the development and
support of these centers.
Sec. 5701. Reports
This section would require the Secretary to submit to Congress an annual report on the activities
carried out under the amendments made by Title V (Health Care Workforce) of this legislation,
and the effectiveness of such activities. The Secretary would be authorized to require, as a
condition of receiving funds under the amendments made by Title V, that recipients of the funds
submit reports on the effectiveness of activities carried out with such funds.
Sec. 8002(c). Personal Care Attendants
This section would establish a Personal Care Attendants Workforce Advisory Panel, no later than
90 days after enactment, for the purpose of examining and advising the Secretary and Congress
on workforce issues related to such workers.
Sec. 10501(g). National Diabetes Prevention Program
This section would create a new PHSA Sec. 399V-3, requiring the Secretary, through the CDC, to
establish a national diabetes prevention program, targeted at high-risk adults, with specified
program components, including a training and outreach program for lifestyle intervention
instructors. Entities eligible for program grants would be state or local health departments, tribal
organizations, national networks of community-based non-profits focused on health and
wellbeing, academic institutions, or other entities, as the Secretary determines. There would be
authorized to be appropriated SSAN for each of FY2010 through 2014.
Sec. 10501(k). State Grants to Providers
This section would authorize states to award grants to health care providers who treat a high
percentage of the medically underserved or other special populations. Funds allocated to the
Medicare, Medicaid, and Tricare programs could not be used to award grants or administer the
grant program.
Sec. 10502. Hospital Construction Grants
This section would authorize to be appropriated and would appropriate $100 million for FY2010,
to remain available through FY2011, for debt service on, or construction or renovation of, a
hospital affiliated with a state medical and dental school, as specified. Any amount appropriated
would only be made available to the Secretary upon receipt of an application from a state
governor that meets certain specified requirements.
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Sec. 10504. Access to Affordable Care Demonstration
This section would require the Secretary, within six months of enactment, to establish a three-year
demonstration project in up to 10 states to provide access to comprehensive health care services
to the uninsured at reduced fees. Each state would receive up to $2 million. There would be
authorized to be appropriated SSAN to carry out the demonstration.
Prevention and Wellness
Background and Issues
Overview
Prevention interventions are of two key types: those provided to individuals in clinical settings
(e.g., cancer screenings) and those provided to communities (e.g., ad campaigns about exercise).
Employer-sponsored wellness programs often use both types of interventions. Evidence suggests
that many clinical and community-based prevention interventions can improve the health of
patients and populations. However, contrary to common belief, many clinical preventive services
(including cancer screenings) do not yield savings for the payer, but rather yield a net cost.21
Evidence is less clear, and there is more debate, about (1) whether clinical preventive services
may yield savings in a broader context (considering, for example, the value of lost workdays
prevented), and (2) what savings, if any, may accrue to the federal government or society as a
result of possible expansions of community-based prevention activities.
The federal government supports the development of evidence-based recommendations for the
use of clinical and community preventive services primarily through three advisory committees.
First, the U.S. Preventive Services Task Force (USPSTF), administered by the Agency for
Healthcare Research and Quality (AHRQ), is an independent panel of private-sector experts in
primary care and prevention that conducts assessments of scientific evidence of the effectiveness
of a broad range of clinical preventive services, including screening, counseling, and preventive
medications (excluding vaccines).22 The Task Force on Community Preventive Services (TFCPS),
administered by CDC, conducts evidence reviews of community (i.e., population-based)
interventions, using a process similar to that of the USPSTF.23 Finally, the Advisory Committee
on Immunization Practices (ACIP), administered by CDC, develops science-based
recommendations for the use of vaccines in the U.S. population.24
Current law addresses prevention in several ways, including through (1) coverage of certain
clinical preventive services under Medicare and Medicaid; (2) community-based research, disease
21 See, for example, Congressional Budget Office, The Budgetary Effects of Expanding Governmental Support for
Preventive Care and Wellness Services, Letter to the Honorable Nathan Deal, August 7, 2009, http://www.cbo.gov/
ftpdocs/104xx/doc10492/08-07-Prevention.pdf.
22 See the U.S. Preventive Services Task Force, established in Section 915(a) of the PHSA, at http://www.ahrq.gov/
clinic/uspstfix.htm.
23 See the Task Force on Community Preventive Services, not explicitly authorized but conducted under general
authorities in Title III of the PHSA, at http://www.thecommunityguide.org/index.html.
24 See the Advisory Committee on Immunization Practices at http://www.cdc.gov/vaccines/recs/acip/default.htm.
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prevention, and health promotion programs, which may be funded through federal grants; (3)
support of evidence review processes to determine whether specific clinical and community-
based prevention interventions are effective; and (4) regulation of certain employer-provided
wellness programs, in order to strike a balance between flexibility and compliance with current
federal privacy, civil rights, and other laws.25
Coverage of Clinical Preventive Services
While federal law does not mandate coverage of preventive services for state and local
government and private health insurance plans, Medicare Part B covers a number of clinical
preventive services, including a one-time initial preventive physical examination (IPPE), certain
periodic cancer screenings, and other services.26 Medicare Part B also covers vaccines against
influenza, pneumococcus, and, for individuals at increased risk, hepatitis B. Medicare Part D
covers any FDA-licensed vaccine, when prescribed by a recognized provider. Congress has
waived cost-sharing for some, but not all, Medicare covered preventive services in Part B.
Medicare Advantage (Part C) is an alternative way for Medicare beneficiaries to receive covered
benefits through private health plans. Medicare Advantage plans must cover benefits covered
under Part B, but have considerable flexibility in how they apply or waive cost-sharing.27 Many
of these plans waive cost-sharing for preventive services.
State Medicaid plans must cover a package of preventive services under the Early and Periodic
Screening, Diagnostic, and Treatment Services program (EPSDT), for beneficiaries under 21
years of age. Current law does not explicitly require that Medicaid state plans cover preventive
services for adults, although coverage may be required if a service meets another applicable
requirement, such as a physician’s service. Under the optional Medicaid prescription drug benefit,
states are permitted to exclude coverage of eleven drug classes, including barbiturates,
benzodiazepines, and smoking cessation products. Medicaid programs are permitted, but not
required, to cover tobacco cessation counseling services for enrollees, including pregnant women.
An adopted amendment could affect the implementation of several provisions in the Senate bill.
On December 2, 2009, the Senate adopted S.Amdt. 2808, introduced by Senator Vitter, which
would provide that “for the purposes of this Act, and for the purposes of any other provisions of
law, the current recommendations of the [USPSTF] regarding breast cancer screening,
mammography, and prevention shall be considered the most current other than those issued in or
around November 2009.”28 In November 2009, the USPSTF updated its recommendation
regarding the use of mammography for breast cancer screening. Previously, the panel had
recommended routine screening for women beginning at age 40; it now recommends that routine
screening begin at age 50. The Vitter amendment, which would appear to negate the November
2009 recommendations, could affect provisions in the health reform bills that link USPSTF
25 See CRS Report R40661, Wellness Programs: Selected Legal Issues, coordinated by Nancy Lee Jones; and CRS
Report R40791, Employer Wellness Programs: Health Reform and the Genetic Information Nondiscrimination Act, by
Amanda K. Sarata.
26 For more information, see CRS Report R40978, Medicare Coverage of Clinical Preventive Services, by Sarah A.
Lister and Kirsten J. Colello.
27 Medicare Advantage plans must also cover all Part A services, except hospice care. CRS Report R40374, Medicare
Advantage, by Paulette C. Morgan.
28 This provision amends Sec. 1001 of the bill, which would, among other things, create a new PHSA Sec. 2713.
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recommendations to coverage as such coverage would apply to screening mammography for
female beneficiaries between age 40 and 49.29
Beneficiary cost-sharing has been shown to decrease utilization of certain preventive services, in
some contexts. Based on an evidence review, the TFCPS recommends reducing beneficiary cost-
sharing in order to increase utilization of screening mammography. However, the Task Force
found insufficient evidence to make the same recommendation for cervical or colorectal cancer
screening.30
Employer-Provided Wellness Programs
As employers and insurers have struggled with rising health care costs, there has been significant
interest in reducing these costs by incentivizing healthy behaviors through wellness programs.
These programs take many forms, from providing a gym at the workplace to subsidizing the co-
pays of certain medications and linking health care benefits or discounts to certain healthy
lifestyles. Wellness programs offered by employers may be subject to a number of federal laws.
One of these laws is the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
which amended the Employee Retirement Income Security Act (ERISA), the PHSA, and the IRC
to improve portability and continuity of health coverage. HIPAA created certain
nondiscrimination requirements, which prohibit a group health plan or a group health insurance
issuer from basing coverage eligibility rules on health-related factors including health status
(physical or mental), claims experience, receipt of health care, medical history, genetic
information, evidence of insurability, or disability.31 In addition, a group health plan or health
insurance issuer may not require that an individual pay a higher premium or contribution than
another “similarly situated” participant, based on these health-related factors. However, HIPAA
clarifies that this requirement “do[es] not prevent a group health plan and a health insurance
issuer from establishing premium discounts or rebates or modifying otherwise applicable
copayments or deductibles in return for adherence to programs of health promotion and disease
prevention [i.e., wellness programs].”32
The HIPAA wellness program regulations divide wellness programs into two categories.33 First, if
a wellness program provides a reward34 based solely on participation in a wellness program, or if
the wellness program does not provide a reward, the program complies with the HIPAA
nondiscrimination requirements without having to satisfy any additional standards, as long as the
29 The USPSTF and the relationship between its recommendations and coverage decisions is discussed further in CRS
Report R40978, Medicare Coverage of Clinical Preventive Services, by Sarah A. Lister and Kirsten J. Colello.
30 Task Force on Community Preventive Services, “Recommendations for Client- and Provider-directed Interventions
to Increase Breast, Cervical, and Colorectal Cancer Screening,” American Journal of Preventive Medicine, vol. 35,
suppl. 1 (2008), pp. S21-25. See also CDC, http://www.thecommunityguide.org/cancer/screening/client-oriented/
ReducingOutOfPocketCosts.html.
31 29 U.S.C. § 1182(a); 42 U.S.C. § 300gg-1(a); 26 U.S.C. § 9802(a). It should be noted that the Internal Revenue Code
does not apply to health insurance issuers.
32 29 U.S.C. § 1182(b)(2)(B); 42 U.S.C. § 300gg-1(b)(2)(B); 26 U.S.C. § 9802(b)(2)(B).
33 Nondiscrimination and Wellness Programs in Health Coverage in the Group Market, 71 Fed. Reg. 75014 (December
13, 2006).
34 The regulations provide that a reward can take the form of a discount or rebate of a premium or contribution, a
waiver of all or part of a cost-sharing mechanism (e.g., deductibles, copayments, or coinsurance), the absence of a
surcharge, or the value of a benefit that would otherwise not be provided under the plan (e.g., a prize). 29 C.F.R. §
2590.702(f)(2)(i); 45 C.F.R. § 146.121(f)(2)(i); 26 C.F.R. § 54.9802-1(f)(2)(i).
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program is made available to all similarly situated individuals. Second, if the conditions for
obtaining a reward under a wellness program are based on an individual meeting a certain
standard relating to a health factor, then the program must meet additional requirements. Under
one of these additional requirements, a reward offered by this type of wellness program must not
exceed 20% of the cost of employee coverage under the plan.35
Private Health Insurance Provisions36
Sec. 1001. Regarding Coverage of Preventive Services37
Among other things, this section would create a new PHSA Sec. 2713 requiring a group health
plan or a health insurance issuer in the group or individual health insurance market to cover the
following preventive services, without cost-sharing requirements: (1) items or services
recommended (i.e., with a grade of A or B) by the USPSTF; (2) immunizations recommended by
the ACIP; (3) for infants, children and adolescents, preventive care and screenings provided for in
comprehensive guidelines supported by HRSA; and (4) for women, such additional preventive
care and screenings not described by the USPSTF as provided in comprehensive guidelines
supported by HRSA.
A plan or issuer would be permitted to cover or deny additional services not recommended by the
USPSTF. For the purposes of this section, the current USPSTF recommendations regarding breast
cancer screening, mammography, and prevention would be considered the most current other than
those issued in or around November 2009.38 The Secretary would be permitted to develop
guidelines to allow a group health plan and a health insurance issuer offering group or individual
health insurance coverage to utilize value-based insurance designs. Coverage requirements would
be effective for plan years beginning on or after the date that is six months after enactment.
Sec. 1302. Essential Health Benefits Requirements
This section would define the elements of an “essential health benefits package,” the types of
benefits that must be provided by plans offered in the individual and small group markets, and by
Qualified Health Plans (QHPS) that participate in insurance exchanges. Among these required
benefits, plans would have to cover preventive and wellness services, and could not apply the
deductible to any such services specified in PHSA Sec. 2713, as established in Sec. 1001 of the
bill (above). The Secretary would be required to determine the specific elements of such
coverage. Such coverage would be required for plan years beginning on or after January 1, 2014.
35 In addition to employees, if dependents (such as spouses or spouses and dependent children) participate in the
wellness program, the reward must not exceed 20% of the cost of the coverage in which an employee and any
dependents are enrolled. The cost of coverage is determined based on the total amount of contributions made by both
the employer and the employee for the benefit package under which the employee and any dependents receive
coverage. 29 C.F.R. § 2590.702(f)(2)(i); 45 C.F.R. § 146.121(f)(2)(i); 26 C.F.R. § 54.9802-1(f)(2)(i).
36 For more information, see CRS Report R40981, A Comparative Analysis of Private Health Insurance Provisions of
H.R. 3962 and Senate-Passed H.R. 3590, coordinated by Chris L. Peterson. See also provisions in the subsequent
section of this report, “Wellness Programs Offered by Employers/Private Insurers.”
37 Summary reflects S.Amdt. 2791 (Sen. Mikulski) regarding preventive services for women and S.Amdt. 2808 (Sen.
Vitter) regarding screening mammography and USPSTF guidelines.
38 See the note regarding the Vitter amendment (S.Amdt. 2808) in the previous section, “Coverage of Clinical
Preventive Services.”
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Prevention Under Medicare and Medicaid39
Sec. 4103. Medicare Annual Visit and Personalized Prevention Plan
This section, as amended by Sec. 10402(b), would amend SSA Sec. 1861 to require that Medicare
Part B cover, beginning in 2011, personalized prevention plan services, including a
comprehensive health risk assessment. The personalized plan could include several specified
elements, among them: review and update of medical and family history; a 5- to 10-year
screening schedule and referral for services recommended by the USPSTF40 and ACIP; a list of
identified risk factors and conditions, and a strategy to address them; lists of all medications
currently prescribed and all providers regularly involved in the patient’s care; review or referral
for testing and treatment of chronic conditions; and cognitive impairment assessment.
All enrolled beneficiaries would be eligible for personalized prevention plan services once every
year, without any cost sharing. During the first year of Part B enrollment, beneficiaries could
receive only the initial preventive physical examination (IPPE). Beneficiaries could receive
personalized prevention plan services each year thereafter provided that they have not received
either an IPPE or personalized prevention plan services within the preceding 12 months. The
Secretary would be required to develop appropriate guidance, and conduct outreach and related
activities, with respect to personalized prevention plan services and health risk assessments.
Sec. 4104. Removal of Cost-Sharing for Medicare Preventive Services
This section, as amended by Sec. 10406, would, effective in 2011, amend SSA Sec. 1861 to
define preventive services covered by Medicare as a specified list of currently covered services,
including colorectal cancer screening services even if diagnostic or treatment services were
furnished in connection with the screening. The list also would include the IPPE, as well as the
personalized prevention plan services that would be covered pursuant to Sec. 4103 of the bill.
Coverage would remain subject to all criteria that apply to each preventive service covered under
current law.
In addition, this section would amend SSA Sec. 1833 to waive beneficiary coinsurance
requirements for most preventive services, requiring Medicare to cover 100% of the costs.
Services for which no coinsurance would be required are the IPPE, personalized prevention plan
services, any additional preventive service covered under the Secretary’s administrative authority,
and any currently covered preventive service (including medical nutrition therapy, and excluding
electrocardiograms) if it is recommended with a grade of A or B by the USPSTF.41 The section
would generally waive the application of the deductible for the same types of preventive services
noted above for which coinsurance would be waived. It would not, however, waive the
application of the deductible for any additional preventive service covered under the Secretary’s
administrative authority.
39 See also the subsequent section “Sec. 4202. Community Wellness Pilot; Medicare Wellness Evaluation.”
40 See the note regarding the Vitter amendment in the previous section, “Coverage of Clinical Preventive Services.”
41 Ibid.
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Sec. 4105. Evidence-Based Coverage of Medicare Preventive Services42
This section would, effective January 1, 2010, authorize the Secretary to modify the coverage of
any currently covered preventive service (including services included in the IPPE, but not the
IPPE itself), to the extent that the modification is consistent with USPSTF recommendations.
This section also would allow the Secretary to withhold payment for any currently covered
preventive service graded D (i.e., not recommended) by the USPSTF. The enhanced authority and
the prohibition would not apply to services furnished for the purposes of diagnosis or treatment
(rather than as preventive services furnished to asymptomatic patients).
Sec. 4106. Medicaid Preventive Services for Adults
This section would, effective in 2013, amend SSA Sec. 1905(a)(13) to, among other things,
expand the current Medicaid state option to provide other diagnostic, screening, preventive, and
rehabilitation services to include (1) any clinical preventive services recommended (i.e., with a
grade of A or B) by the USPSTF,43 and (2) with respect to adults, immunizations recommended
by the ACIP, and the cost of their administration. Provisions would take effect in 2013. States that
elect to cover these additional services and vaccines and prohibit cost-sharing for them would
receive the increased federal medical assistance percentage (FMAP) for medical assistance for
newly eligible mandatory individuals (as under Sec. 2001(a)(3)(A) of this bill, excluding the 95%
cap on such FMAP), for which an additional one percentage point increase in that FMAP would
apply for these services, and for counseling and drug therapy for tobacco cessation use by
pregnant women (as added by Sec. 4107 of the bill, described below).
Sec. 4107. Medicaid Tobacco Cessation Services for Pregnant Women
This section would, effective in October 2010, require states to provide Medicaid coverage to
pregnant women for counseling and drug therapy for tobacco cessation. Such services would
include diagnostic, therapeutic, and counseling services and drug therapy (including prescription
and non-prescription tobacco cessation products approved by the FDA), as recommended by the
U.S. Surgeon General, and other services that the Secretary recognizes to be effective for
cessation of tobacco use by pregnant women. These services would exclude coverage for drugs or
biologics that are not otherwise covered under Medicaid. States would continue to be allowed to
exclude coverage of products used for smoking cessation except in the case of pregnant women.
This section would prohibit cost-sharing, under either traditional Medicaid or the DRA option,44
for counseling and drug therapy, as well as for covered outpatient prescription and non-
prescription drugs, provided to or used by pregnant women for tobacco cessation.
Sec. 4108. Incentives for Chronic Disease Prevention Under Medicaid
This section would require the Secretary to award grants to states to provide incentives for
Medicaid beneficiaries to participate in programs to promote the adoption of healthy lifestyles.
The stated purpose of the initiative is to test approaches that may encourage behavior
42 Ibid.
43 Ibid.
44 See CRS Report RS22578, Medicaid Cost-Sharing Under the Deficit Reduction Act of 2005 (DRA), by Elicia J. Herz.
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modification, and determine scalable solutions. Programs would have to be comprehensive and
targeted to the needs of Medicaid beneficiaries; address criteria developed by the Secretary
according to evidence-based guidelines from the USPSTF, TFCPS, and the National Registry of
Evidence-based Programs and Practices;45 and have demonstrated effectiveness for managing
cholesterol and/or blood pressure, losing weight, quitting smoking, and/or preventing or
managing diabetes. Programs could address co-morbidities, such as depression, associated with
these conditions.
This section would appropriate $100 million for the program for a five-year period beginning on
January 1, 2011. The Secretary would be authorized to waive Medicaid requirements relating to
statewideness, and would be required to ensure that a participating state makes the program
widely available. A number of outreach, evaluation, and reporting requirements would apply. Any
incentives received by a beneficiary could not be taken into account for the purpose of
determining eligibility for, or the amount of, benefits under any federally funded program.
Wellness Programs Offered by Employers/Private Insurers
Sec. 1001. Reporting Requirements for Group Health Plans / Gun Ownership
Among its provisions, this section would create a new PHSA Sec. 2717. This new section would,
among other things, require the Secretary to develop reporting requirements for group health
plans and health insurance issuers with respect to plan or coverage benefits and health care
provider reimbursement structures that, among other things, implement “wellness and health
promotion activities.” Health plans and insurance issuers would be required to annually submit to
the Secretary and enrollees a report on whether the benefits under the plan or coverage satisfy
these and other elements. The new section would also require the Secretary to promulgate
regulations providing criteria for determining whether a reimbursement structure meets these
elements. Under this new section, wellness and health promotion activities could include
personalized wellness and prevention services “that are coordinated, maintained or delivered by a
health care provider, a wellness and prevention plan manager, or a health, wellness or prevention
services organization that conducts health risk assessments or offers ongoing face-to-face,
telephonic or web-based intervention efforts for each of the program’s participants.” These
activities could include wellness and prevention efforts such as smoking cessation, weight
management, nutrition, and healthy lifestyle support.
Also, the new PHSA Sec. 2717, as established by Sec. 1001 and amended by Sec. 10101(e) of the
bill, contains provisions relating to gun rights. Among them, a wellness or health promotion
activity (as referenced above) could not require disclosure or collection of any information
relating to the presence or storage of a lawfully possessed firearm or ammunition in the residence
or on the property of an individual; or the lawful use, possession, or storage of a firearm or
ammunition by an individual.
45 The National Registry of Evidence-based Programs and Practices is a database of interventions for the prevention
and treatment of mental and substance use disorders, administered by SAMHSA. See http://www.nrepp.samhsa.gov/.
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Sec. 1201. Regarding Prohibiting Discrimination Based on Health Status
This section would include the creation of a new PHSA Sec. 2705 that amends HIPAA’s
nondiscrimination requirements. Among other things, this new section would largely codify an
amended version of the HIPAA wellness program regulations. Wellness programs that do not
require an individual to satisfy a standard related to a health factor as a condition for obtaining a
reward (or do not offer a reward) would not violate HIPAA, so long as participation in the
programs is made available to all similarly situated individuals. Wellness programs with
conditions for obtaining a reward that are based on an individual meeting a certain standard
relating to a health factor, would have to meet additional requirements. Among these
requirements, the reward must be capped at 30% of the cost of the employee-only coverage under
the plan (instead of 20% under the current regulations), but the Secretaries of HHS, Labor, and
the Treasury would have the discretion to increase the reward up to 50%. The HHS Secretary, in
consultation with the Secretaries of the Treasury and Labor, would establish a 10-state pilot
program in which participating states would be required to apply the wellness program provisions
to health insurers in the individual market.
Also, while Sec. 1201 would only modify the PHSA, Sec. 1562, as amended by Sec. 10107,
would make these provisions applicable to group health plans and health insurance issuers under
ERISA and the IRC.
Sec. 4303. CDC Grants for Employer-Based Wellness Programs
This section, as amended by Sec. 10404, would add a new Part U in PHSA Title III, Employer-
Based Wellness Program, including several new sections. A new PHSA Sec. 399MM would
require the CDC Director to provide employers with technical assistance and other resources to
evaluate workplace wellness programs, including measuring employee participation; developing
standardized measures of factors that have a positive effect on health behaviors, outcomes, and
expenditures; and evaluating the effect of programs on health outcomes, absenteeism,
productivity, workplace injury rates, and medical costs. The Director also would be required to
build evaluation capacity among workplace staff and provide resources, technical assistance, and
consultation. A new PHSA Sec. 399MM-1 would require the CDC Director to conduct a national
survey of employer-based health policies and programs, and to report to Congress on findings and
recommendations for the implementation of effective policies and programs. In addition, a new
PHSA Sec. 399MM-2 would require the Secretary to evaluate all programs funded through the
CDC before conducting such an evaluation of privately funded programs, unless an entity with a
privately funded wellness program requests such an evaluation. Finally, a new PHSA Sec.
399MM-3 would, notwithstanding any other provision of this Part, prohibit the use of any
recommendations, data, or assessments carried out under this Part to mandate requirements for
workplace wellness programs.
Sec. 4402. Effectiveness of Federal Health and Wellness Initiatives
This section would require the Secretary, in order to determine whether existing federal health
and wellness initiatives are effective in achieving their stated goals, to conduct an evaluation and
report to Congress regarding changes in the health status of the American public, and specifically
the federal workforce, including absenteeism, productivity, the rate of workplace injury, and the
medical costs incurred by employees; and health conditions, including workplace fitness, healthy
food and beverages, and incentives in the Federal Employees Health Benefits Program.
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Sec. 10408. Workplace Wellness Program Grants
This section would require the Secretary to award grants to eligible employers to provide their
employees with access to comprehensive workplace wellness programs. The program would be
conducted for a five-year period. Eligible employers would be defined as those that employ fewer
than 100 employees who work 25 or more hours per week, and that do not provide a wellness
program as of the date of enactment. To receive a grant, such employers would be required to
submit an appropriate application to the Secretary. The Secretary would be required to develop
program criteria consistent with evidence-based research and best practices, considering the
Guide to Community Preventive Services46 and the National Registry for Effective Programs.47
Wellness programs would have to be made available to all employees and include several
specified components, including education, efforts to encourage participation, initiatives to
change unhealthy behaviors, and supportive work environments. There would be authorized to be
appropriated $200 million in total, to be available until expended, for FY2011 through FY2015.
Public Health Systems
Sec. 4001. National Prevention, Health Promotion and Public Health Council
This section, as amended by Sec. 10401, would require the President to establish a National
Prevention, Health Promotion and Public Health Council, composed of secretaries, chairmen, and
directors of federal departments, boards and agencies (as specified), and appoint a chairperson.
The Council would be required to provide federal coordination and leadership with respect to
prevention, wellness, and health promotion practices; develop a national prevention, health
promotion, and public health strategy; report to the President and Congress on activities under the
strategy and progress toward identified goals; and other activities as specified.
Sec. 4002. Prevention and Public Health Fund
The stated purpose of this section is to establish a Prevention and Public Health Fund to provide
for expanded and sustained national investment in prevention and public health programs to
improve health and help restrain the rate of growth in private and public sector health care costs.
The proposal would authorize the appropriation of, and appropriate to the Fund from the
Treasury, the following amounts: $500 million for FY2010; $750 million for FY2011; $1.00
billion for FY2012; $1.25 billion for FY2013; $1.50 billion for FY2014; and $2.00 billion for
each fiscal year thereafter. The Secretary would be required to transfer amounts from the Fund to
HHS accounts to increase funding, over the FY2008 level, for programs authorized by the PHSA
for prevention, wellness, and public health activities, including prevention research and health
screenings. The House and Senate Committees on Appropriations would have the authority to
transfer monies in the Fund to eligible activities under this section.
46 This Guide is published by the Task Force on Community Preventive Services.
47 This presumably refers to the National Registry of Evidence-based Programs and Practices, a database of
interventions for the prevention and treatment of mental and substance use disorders, administered by SAMHSA. See
http://www.nrepp.samhsa.gov/.
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Sec. 4003. Clinical and Community Preventive Services Task Forces
Subsection 4003(a) would strike and replace PHSA Sec. 915(a), the current authority for the
USPSTF, with language requiring the AHRQ Director to convene a Preventive Services Task
Force, composed of individuals with appropriate expertise. This Task Force would be required to
review scientific evidence related to the effectiveness, appropriateness, and cost-effectiveness of
clinical preventive services for the purpose of developing recommendations for the health care
community, and updating previous clinical preventive recommendations, to be published in the
Guide to Clinical Preventive Services. The Task Force would have specified duties, including
development of topic areas for review, review and revision of existing recommendations at least
once every five years, and improved integration with federal government health objectives and
related targets for health improvement, among others. AHRQ would be required to provide
administrative, research, and technical support for Task Force operations. All members of the
Task Force convened under this subsection, and any recommendations made by such members,
would be independent and, to the extent practicable, not subject to political pressure. There would
be authorized to be appropriated SSAN for each fiscal year to carry out Task Force activities.
Subsection 4003(b) would create a new PHSA Sec. 399U requiring the CDC Director to convene
a Community Preventive Services Task Force (“Community Task Force”), composed of
individuals with appropriate expertise, to review the scientific evidence related to the
effectiveness, appropriateness, and cost-effectiveness of community preventive interventions for
the purpose of developing recommendations, to be published in the Guide to Community
Preventive Services. The Community Task Force would have specified duties similar to those of
the Preventive Services Task Force above, except applied to policies, programs, processes, or
activities designed to affect or otherwise affecting health at the population level. CDC would be
required to provide administrative, research, and technical support for Community Task Force
operations. There would be authorized to be appropriated SSAN for each fiscal year to carry out
the activities of the Community Task Force.
Each Task Force would be required to coordinate its activities with the other and with the ACIP.
In addition, neither Task Force would be subject to requirements of the Federal Advisory
Committee Act (FACA).48
Sec. 4004. Education and Outreach Campaign Regarding Preventive Benefits
This section would require the Secretary to carry out seven communications activities regarding
health promotion and disease prevention, generally oriented toward the most common and serious
chronic health problems, including poor nutrition, tobacco use, and obesity. The required
activities would be as follows. First, the Secretary, in consultation with the Institute of Medicine
(IOM), must plan and implement a national public-private partnership for a prevention and health
promotion outreach and education campaign. Second, through the CDC Director, the Secretary
must develop and implement a science-based media campaign, according to several specified
conditions. Third, in consultation with private-sector experts, the Secretary must develop a
website containing information for health providers and consumers regarding specified chronic
diseases and conditions. Fourth, through the CDC Director, the Secretary must develop a program
to disseminate information about health promotion to health care providers who participate in
48 For information about the Federal Advisory Committee Act, see CRS Report R40520, Federal Advisory Committees:
An Overview, by Wendy R. Ginsberg.
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federal health care programs. Fifth, through the CDC Director, the Secretary must develop a Web-
based tool that individuals can use to develop personalized prevention plans. Sixth, the Secretary
must establish an Internet portal for accessing risk-assessment tools developed and maintained by
private and academic entities. Finally, the Secretary must provide guidance and relevant
information to states and health care providers regarding preventive and obesity-related services
that are available to Medicaid enrollees, including obesity screening and counseling for children
and adults. In addition, each state would be required to design a public awareness campaign to
educate Medicaid enrollees regarding the availability and coverage of such services.
The section states that funding for these activities would take priority over funding provided
through CDC grants for similar purposes, and that no more than $500 million could be spent on
the activities required under this section. There would be authorized to be appropriated SSAN for
each fiscal year to carry out these activities.
Community Prevention Grants and Related Activities
Sec. 4102. Oral Health Activities
This section would create a new PHSA Title III, Part T, Oral Healthcare Prevention Activities,
comprising a new Sec. 399LL that requires the Secretary, through the CDC Director, to establish
a five-year national public education campaign on oral health, including prevention of oral
diseases such as dental carries, periodontal disease, and oral cancer. The Secretary would be
required to ensure that activities targeted toward specific populations were provided in a
culturally and linguistically appropriate manner, and that science-based strategies were used to
convey messages including, but not limited to, community water fluoridation and dental sealants.
The section also would create a new PHSA Sec. 399LL-1 requiring the Secretary, through the
CDC Director, to award grants to eligible entities to demonstrate the effectiveness of research-
based dental caries disease management activities. Eligible entities would be community-based
providers of dental services (as defined by the Secretary), such as FQHCs, clinics of a state-
owned hospital, state or local departments of health, private providers of dental services, certain
educational institutions, dental programs of the Indian Health Service or tribes, or national
organizations involved in improving children’s oral health. The Secretary would be required to
utilize information generated from grantees in planning and implementing the public education
campaign under Sec. 399LL. The section also would create a new PHSA Sec. 399LL-2
authorizing the appropriation of SSAN to carry out new PHSA Title III, Part T.
Additionally, the section would amend PHSA Sec. 317M to mandate a school-based dental
sealant program that is currently discretionary, and to require the Secretary to award program
grants to each of the 50 states and territories, and to Indians, Indian tribes, tribal organizations,
and urban Indian organizations (as defined in Sec. 4 of the Indian Health Care Improvement Act).
The section also would add a new subsection 317M(d) (and redesignate existing subsections),
requiring the Secretary, through the CDC Director, to enter into cooperative agreements with
states and territories, and with tribal entities (as defined), to establish oral health leadership and
program guidance for data collection and interpretation, delivery systems, and implementation of
programs (including dental sealants and community water fluoridation) to improve oral health.
There would be authorized to be appropriated SSAN for FY2010 through FY2014.
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Finally, the section would require the Secretary to update, improve and implement oral health
components in the following national health surveys and surveillance systems: (1) the Pregnancy
Risk Assessment Monitoring System (PRAMS), administered by CDC; (2) the National Health
and Nutrition Examination Survey (NHANES), administered by CDC; (3) the Medical
Expenditures Panel Survey (MEPS), administered by AHRQ; and (4) the National Oral Health
Surveillance System (NOHSS), administered by CDC. For NOHSS, there would be authorized to
be appropriated SSAN for each of FY2010 through FY2014 to increase participation from the
current 16 states to all 50 states, the territories, and the District of Columbia. Also, the Secretary
would be required to ensure that NOHSS includes the measurement of early childhood caries.
Sec. 4201. Community Transformation Grants
This section, as amended by Sec. 10403, would require the Secretary, through the CDC Director,
to award competitive grants for the implementation, evaluation, and dissemination of evidence-
based community preventive health activities, in order to reduce chronic disease rates, address
health disparities, and develop a stronger evidence base of effective prevention programming.
Eligible entities would be a state or local government agency, a national network of community-
based organizations, a state or local non-profit organization, or an Indian tribe. Not less than 20%
of such grants would have to be awarded to rural and frontier areas. Grantees would be required
to develop community transformation plans that include the policy, environmental, programmatic,
and infrastructure changes needed to promote healthy living and reduce health disparities; and to
conduct health promotion activities and evaluations and disseminate findings. The CDC Director
would be required to provide appropriate training and technical assistance. Grant funds could not
be used to create video games or to carry out any other activities that may lead to higher rates of
obesity or inactivity. There would be authorized to be appropriated SSAN for FY2010 through
FY2014 to carry out this program.
Sec. 4202. Community Wellness Pilot; Medicare Wellness Evaluation
Subsection 4202(a) would require the Secretary, through the CDC Director, to award grants to
state or local health departments or Indian tribes for five-year pilot programs to provide
community prevention interventions, screenings, and clinical referrals for individuals who are
between 55 and 64 years of age. Grantees would be required to collaborate with CDC, the
Administration on Aging, and relevant local agencies and organizations, and use funds to deliver
interventions to improve nutrition, increase physical activity, reduce tobacco use and substance
abuse, improve mental health, and promote healthy lifestyles among the target population.
Grantees also would be required to conduct health screenings to identify risk factors for
cardiovascular disease, stroke, and diabetes, and to ensure that individuals found to have these
risk factors receive clinical referral/treatment for follow-up services to reduce such risk.
Grantees would be required to determine whether individuals found to have chronic health
conditions have a source of health insurance coverage. Covered individuals would be referred to
participating providers. For uninsured individuals, the grantee’s community-based clinical partner
would be required to assist the individual in determining eligibility for available public coverage
options and identify other appropriate community health care resources and assistance programs.
Grantees would be required to use funds provided under this program to measure changes in the
prevalence of chronic disease risk factors among participants. The Secretary would be required to
conduct an annual evaluation of program effectiveness by examining changes in the prevalence of
uncontrolled chronic disease risk factors among new Medicare enrollees (or individuals nearing
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enrollment) who reside in states or localities receiving grants under this section as compared with
national and historical data. There would be authorized to be appropriated SSAN for FY2010
through FY2014 to carry out this subsection.
Subsection 4202(b) would require the Secretary to conduct an evaluation of community-based
prevention and wellness programs, and, based on findings, develop a plan for promoting healthy
lifestyles and chronic disease self-management for Medicare beneficiaries. The evaluation would
include an evidence review of literature, best practices, and resources, and an evaluation of
existing community prevention and wellness programs sponsored by the Administration on
Aging. To fund the evaluation, the Secretary would be required to transfer to CMS $50 million in
total from the Part A and Part B Trust Funds, in whatever proportion the Secretary determines.
Activities under this evaluation would not be subject to review under the Paperwork Reduction
Act of 1995, which subjects collections of information from the public to clearance by the Office
of Management and Budget.
Sec. 4204. Immunizations
This section would amend PHSA Sec. 317 to provide explicit authority to the Secretary to
negotiate and enter into contracts with manufacturers for the purchase of vaccines for adults, and
for states to purchase such vaccines at the prices negotiated by the Secretary. The section also
would amend subsection 317(j) to permanently reauthorize the program of immunization grants
to states.
In addition, the section would add a new PHSA Section 317(m), which would require the
Secretary, through the CDC Director, to conduct a demonstration program of grants to states to
improve immunization coverage of children, adolescents, and adults. States would be required to
use funds provided to implement recommendations of the TFCPS, or other evidence-based
interventions. Grantees would be required to report to the Secretary within three years of
receiving a grant regarding an evaluation of progress in improving immunization rates in high-
risk populations. The Secretary would be required to report to Congress within four years
regarding the effectiveness of the program, and recommendations regarding whether it should be
extended or expanded. There would be authorized to be appropriated SSAN for FY2010 through
FY2014 to carry out this subsection.
Finally, the section would require a GAO study of the impact of vaccine coverage under Medicare
Part D on access to those vaccines by beneficiaries who are 65 years of age or older. It would
appropriate $1 million for FY2010 for this study. Nothing in the section or any other provision of
the bill could be construed to decrease children’s access to immunizations.
Sec. 4206. Demonstration Project Concerning Individualized Wellness Plan
This section would create a new PHSA Section 330(s) requiring the Secretary to establish a pilot
program in not more than 10 community health centers to test the impact of providing at-risk
individuals who use the centers with individualized wellness plans, designed to reduce risk
factors for preventable conditions as identified by a comprehensive assessment. A wellness plan
could include one or more of the following, as appropriate to an individual’s identified risk
factors: (1) nutritional counseling; (2) a physical activity plan; (3) alcohol and smoking cessation
counseling and services; (4) stress management; (5) dietary supplements that have health claims
approved by the Secretary; and (6) compliance assistance provided by a community health center
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employee. Risk factors would have to include weight, tobacco and alcohol use, exercise rates,
nutritional status, and blood pressure. Wellness plans would have to make comparisons between
the individual involved and a control group of individuals with respect to these risk factors. There
would be authorized to be appropriated SSAN to carry out this subsection.
Sec. 4301. Research on Optimizing the Delivery of Public Health Services
This section would require the Secretary, through the CDC Director, to fund research on public
health services and systems, to include (1) examining evidence-based prevention practices
relating to prevention, including comparing community-based public health interventions in terms
of effectiveness and cost; (2) analyzing the translation of interventions from academic settings to
real world settings; and (3) identifying effective strategies for organizing, financing, or delivering
public health services in community settings, including comparing state and local health
department structures and systems in terms of effectiveness and cost. Such research would have
to be coordinated with the TFCPS.
Sec. 4304. Epidemiology and Laboratory Capacity Grants
This section would amend PHSA Title XXVIII, National All-Hazards Preparedness for Public
Health Emergencies, adding a new Subtitle C, Strengthening Public Health Surveillance
Systems, consisting of a new PHSA Sec. 2821, Epidemiology-Laboratory Capacity Grants. The
purpose would be to establish a grant program to strengthen national epidemiology, laboratory,
and information management capacity for the response to infectious diseases and other conditions
of public health importance. Eligible entities would be state, local, or tribal health departments,
tribal jurisdictions, or academic centers that meet CDC-specified criteria. Grants would be subject
to the availability of appropriations. There would be authorized to be appropriated for this
program $190 million for each of FY2011 through FY2013, of which at least $95 million per
fiscal year must be used to award grants for epidemiology and disease control capacity, at least
$60 million per fiscal year for grants for information management capacity, and at least $32
million per fiscal year for laboratory capacity.
Sec. 4306. CHIPRA Childhood Obesity Demonstration Project
The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA; P.L. 111-3)
included several quality of care provisions. One such provision instructed the Secretary to
conduct a demonstration project to develop a comprehensive and systematic model for reducing
child obesity. CHIPRA authorized the appropriation of $25 million for the period FY2009
through FY2013 for the child obesity demonstration. This section would amend SSA Sec.
1139A(e) by replacing the authorization of appropriations with an appropriation of $25 million
for the period of FY2010 through FY2014.
Sec. 10407. Better Diabetes Care
This section would require the Secretary, in collaboration with CDC, to prepare and publish a
biennial national diabetes report card, and, to the extent possible, a report card for each state.
Report cards would aggregate information related to diabetes and prediabetes, including
preventive care, risk factors, and outcomes. The section also would require the Secretary, acting
through the CDC Director, to promote the education and training of physicians on the importance
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of birth and death certificate data, encourage state adoption of the latest standard revisions of
birth and death certificates, and work with states to re-engineer their vital statistics systems. This
section also would allow the Secretary to promote improvements to the collection of diabetes
mortality data. The Secretary would also be required, in collaboration with IOM, to study, and
report within two years of enactment, regarding the impact of diabetes on medical practice, and
the appropriateness of medical education regarding diabetes. There would be authorized to be
appropriated SSAN to carry out this section.
Sec. 10411. Congenital Heart Disease Programs
Subsection 10411(b)(1) would amend Part P of Title III of the PHSA, as amended by Sec. 5405,
adding a new PHSA Sec. 399V-2. This new section would authorize the Secretary, acting through
the CDC Director, to enhance and expand infrastructure to track the epidemiology of congenital
heart disease; to organize such information into a nationally representative surveillance system; or
award a grant to one eligible entity to undertake these activities. Sec. 399V-2(d) would require
that this surveillance system be made available to the public and Sec. 399V-2(e) would require
the Secretary to ensure that the surveillance system is maintained in a manner that complies with
the HIPAA Privacy Rule. Sec. 399V-2(c) allows that the surveillance system may include certain
content, including, for example, information concerning the incidence and prevalence of
congenital heart disease.
Subsection 10411(b)(2) would amend Subpart 2 of Part C of Title IV of the PHSA by adding at
the end a new PHSA Sec. 425. Sec. 425(a) would authorize the Director of the NIH National
Heart, Lung, and Blood Institute to expand, intensify and coordinate research with respect to
congenital heart disease. Sec. 425(b) would authorize the Director of the Institute to coordinate
research efforts related to congenital heart disease and may develop research networks, and Sec.
425(c) would require the Director of the Institute to consider, in carrying out the activities under
this section, the application of this research to minority and medically underserved populations.
Subsection 10411(c) would authorize to be appropriated SSAN for each of FY2011 through
FY2015.
Sec. 10413. Young Women’s Breast Health Awareness
This section would add a new Part V to PHSA Title III, Programs Relating to Breast Health and
Cancer, consisting of a new PHSA Sec. 399NN, which would require the Secretary, through the
CDC, to conduct a national evidence-based education campaign to increase awareness among
young women about breast cancer. This campaign would be required to provide evidence-based
messages and materials developed by the CDC and an advisory committee established under this
section. As part of this campaign, the Secretary would be required to award grants to entities to
establish national multimedia campaigns oriented to young women. Finally, Sec. 399NN(a)
would require the Secretary, within 60 days of enactment, to establish an advisory committee to
assist in conducting the education campaign.
Sec. 399NN(b) would require the Secretary, through the CDC, to conduct an education campaign
among health care professionals to increase awareness of breast health; on how to provide
counseling to young women about their breast health; concerning the importance of discussing
healthy behaviors; on when to refer patients to a genetics health professional; on how to provide
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counseling that addresses long-term survivorship of young women diagnosed with breast cancer;
and on when to provide referrals to credible organizations.
Sec 399NN(c) would require the Secretary, through the CDC, to conduct prevention research on
breast cancer in younger women, as specified. The NIH Director would be required to develop
and validate new screening tests and methods for prevention and early detection of breast cancer
in young women. Sec. 399NN(d) would require the Secretary to award grants to organizations to
provide health information from credible sources to young women diagnosed with breast cancer.
Sec. 399NN(e) would provide that the Secretary not duplicate other existing federal breast cancer
education efforts. Sec. 399NN(f) would require the Secretary to measure young women’s
awareness regarding breast health; the number of young women using information regarding
lifestyle interventions that foster healthy behaviors; the number receiving regular clinical breast
exams; and the number who perform breast self exams. The Secretary would be required to
measure such activities at least every three years and report to Congress on the findings. Sec.
399(h) would define young women as meaning between the ages of 15 and 44.
Sec. 399NN(h) would authorize the appropriation of $9 million for each of FY2010 through
FY2014.
Sec. 10501(g). National Diabetes Prevention Program
This section would create a new PHSA Sec. 399V-3 requiring the Secretary, through the CDC, to
establish a national diabetes prevention program, targeted at high-risk adults, with specified
program components. Entities eligible for program grants would be state or local health
departments, tribal organizations, national networks of community-based non-profits focused on
health and well-being, academic institutions, or other entities, as the Secretary determines. There
would be authorized to be appropriated SSAN for FY2010 through 2014.
Stricken Provision
Secs. 4401 and 10405. Sense of the Senate Concerning CBO Scoring
Sec. 10405 strikes Sec. 4401 from the Senate-passed bill. Sec. 4401 (which remains in the
Senate-passed version of the bill, although it is stricken) states that the Senate finds that the costs
of prevention programs are difficult to estimate, in part because prevention initiatives are hard to
measure, and because results may occur outside the 5- and 10-year budget windows currently
considered by the CBO. Sec. 4401 further states that it is the sense of the Senate that Congress
should work with CBO to develop better methodologies for scoring progress to be made in
prevention and wellness programs.
Maternal and Child Health
Maternal and Early Childhood Home Visitation
Home visitation is used to deliver support and services to families or individuals in their homes.
Early childhood home visitation programs typically seek to improve maternal and child health;
early childhood social, emotional, and cognitive development; and family/parent functioning.
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Depending on the particular model of early home visitation being used, the visitors may be
specially trained nurses, other professionals, or paraprofessionals. Visits, which often occur
weekly, may begin during a woman’s pregnancy or some time after the birth of a child and may
continue until the child reaches his/her second birthday (in some cases) or enters kindergarten.
Participation of families is voluntary. Early childhood home visitation programs are in operation
in all 50 states and the District of Columbia. In addition to private and state and local public funds
provided for early childhood home visitation, a number of federal programs have been used to
support home visitation programs. Among others, these include Medicaid, the Temporary
Assistance for Needy Families (TANF) block grant, the Social Services Block Grant,
Community-Based Grants to Prevent Child Abuse and Neglect, the Maternal and Child Health
(MCH) block grant, Healthy Start, and Early Head Start. However, there is no dedicated federal
program that provides grant funds to support home visitation programs for families with young
children and those expecting children. As part of the FY2010 President’s Budget, the
Administration sought legislative authorization and requested mandatory funding for such a
program.49
SSA Title V authorizes the MCH block grant program. The MCH block grant, which is
administered by HRSA, allocates funding to states based on their relative share of children in the
nation who live in families with income below the federal poverty level and certain other factors.
States use the Title V funds to design and implement a wide range of maternal and child health
programs. States must submit annual reports on Title V-funded activities and demonstrate
progress made towards standardized MCH status indicators (e.g., live birth rate, low birth weight,
maternal death rates, and poverty levels) in order to facilitate comparison between states. The
Secretary compiles the data submitted by the states in an annual report to Congress. States are
required to audit and report on the use of their funds at least once every two years.
Sec. 2951. Home Visitation Grant Program
This section would amend Title V to add a new SSA Sec. 511, Early Childhood Home Visitation
Programs. The new provision would require states, as a condition for receiving the MCH block
grant funds for FY2011, to conduct a needs assessment, separate from but coordinated with the
assessment currently required to receive that block grant, and those required under the Head Start
Act, and the Child Abuse Prevention and Treatment Act. The needs assessment would identify (1)
communities that have concentrations of poverty, crime, domestic violence, high school drop-
outs, substance abuse, unemployment, child maltreatment and a range of maternal and child
health risk factors (such as premature births, low-birth weight infants, and high infant mortality);
(2) the quality and capacity of existing early childhood home visitation activities in the state,
including the number and types of individuals and families receiving these services, gaps in those
services, and the extent to which the current programs meet the needs of parents and caregivers of
young children and individuals expecting to be parents; and (3) the state’s capacity for providing
substance abuse treatment and counseling services to those who need them.
In addition, this section would direct the HHS Secretary to award grants to states, Indian tribes
and certain other tribal entities, and, in limited circumstances, non-profit organizations for
support of early childhood home visitation programs. Families eligible to receive these services
would include pregnant women, men expecting to become fathers, and parents and other
49 For more information, see CRS Report R40705, Home Visitation for Families with Young Children, by Emilie
Stoltzfus and Karen E. Lynch.
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caregivers of children who haven’t yet entered kindergarten. Grantees of this new program would
be required to establish quantifiable three- and five-year benchmarks to measure improvements
for the families participating in the program in the following areas: maternal and newborn health;
childhood injury prevention, reduction of emergency department visits, and prevention of child
maltreatment; school readiness and achievement; reductions in crime or domestic violence;
family economic self-sufficiency, and coordination and referrals to community resources and
supports. Grantees that failed to meet the three-year benchmarks in at least four of the specified
areas would have to develop and implement a plan to improve outcomes. Grantees that continued
to show a lack of improvement, or that failed to report on benchmarks, could have their grant
terminated. By December 31, 2015, the grantees would be required to submit a report to the
Secretary demonstrating progress on the three- and five-year benchmarks.
To receive funds grantees would be required to submit an application seeking early childhood
home visitation funds and to assure that they would establish procedures to ensure participation of
families in the program is voluntary and that services are provided to each family based on an
individual assessment for that family. Further they would need to describe the service delivery
model they intend to support. In general, a grantee would only be permitted to use these funds to
support early childhood home visitation programs that adhere to clear evidence-based models of
service delivery that, among other criteria, have been rigorously evaluated. However, they would
be permitted to use no more than 25% of the award to support promising new approaches to
achieving the desired improvements for families served. Among other things, grantees would also
need to assure that they give priority to providing services to families who are determined to be
at-risk by the needs assessment and other indicators, including low-income, young maternal age,
and involvement with child welfare.
The HHS Secretary would be required to provide technical assistance to grantees receiving early
childhood home visitation and to support an ongoing research program designed to increase
knowledge about the implementation and effectiveness of home visiting programs. Further the
HHS Secretary would need to appoint an expert panel to design an evaluation of the home
visitation grant program, including an analysis of the state needs assessments and the impact of
early childhood home visitation programs on various child and parent outcomes and by grant or
contract, would be required to conduct such an evaluation and report the results to Congress no
later than March 31, 2015. The Secretary also would be required to submit to Congress, by
December 31, 2015, a final report on the activities conducted with funding from this grants
program. The report would include information on (1) the extent to which grantees demonstrated
improvement, (2) any technical assistance provided to grantees implementing corrective action
plans, and (3) recommendations for any further legislative or administrative action.
This section would appropriate a total of $1.5 billion for FY2010 through FY2014 for the home
visitation grant program: $100 million for FY2010; $250 million for FY2011; $350 million for
FY2012; $400 million for FY2013; and $400 million for FY2014. Of the amount appropriated for
this program, 3% would be reserved for research and evaluation, and 3% would be reserved for
making grants to tribal entities for home visitation services to Indian families. The grant program
supported by these appropriated funds would be collaboratively administered by two HHS
agencies: the ACF and the MCH Bureau, which is within HRSA.
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Postpartum Depression
Sec. 2952. Support, Education, and Research for Postpartum Depression
This section would encourage the Secretary to expand and intensify specified types of research—
including epidemiology, improved screening and diagnosis, clinical research, and public
education—to expand our understanding of the causes and treatments for postpartum depression
and related conditions. The section also states that it is the sense of Congress that the Director of
the National Institute of Mental Health (NIMH) may conduct a nationally representative
longitudinal study (during the period FY2010-FY2019) on the relative mental health
consequences for women of resolving a pregnancy, intended and unintended, in various ways
(e.g., carrying the pregnancy to term and placing the child for adoption; miscarriage; abortion).
The study could assess the incidence, timing, magnitude and duration of the immediate and long-
term mental health consequences of these pregnancy outcomes. Subject to the completion of such
a study, beginning within five years of enactment and periodically thereafter for the duration of
the study, the NIMH Director could submit to Congress reports on the study’s findings.
Additionally, this section would create a new SSA Sec. 512, Services to Individuals with a
Postpartum Condition and their Families. The new section would authorize the Secretary to
award grants, in addition to any other funds that would be provided to states under Title V, to
eligible entities to establish, operate and coordinate effective and cost-efficient systems for the
delivery of essential services and support services to individuals with postpartum conditions and
their families. Grant funds could be used to carry out certain activities that provide education and
services with respect to the diagnosis and management of postpartum conditions, such as
delivering or enhancing outpatient and home-based services, inpatient care management,
improving quality, availability and organization of health care and social services, and providing
earlier diagnosis and treatment. Grantees would have to agree to various requirements that the
Secretary would establish, and some other general requirements of the title. The Secretary could
integrate this program with other grant programs within Sec.330 of the PHSA.
Eligible entities would include public or nonprofit private entities, state or local government
public-private partnerships, recipients of Healthy Start grants, public or nonprofit private
hospitals, community-based organizations, hospices, ambulatory care facilities, CHCs, migrant
health centers, public housing, primary care centers, and homeless health centers. The section
would authorize the appropriation of $3 million for FY2010, and SSAN for FY2011 and FY2012
to carry out the grant program. The Secretary would be required to study the benefits of screening
for postpartum conditions and, within two years of enactment, submit a report to Congress.
Personal Responsibility Education and Abstinence Education
SSA Sec. 510 authorizes a state formula grant program to support abstinence education programs.
Funds are awarded to states based on the proportion of low-income children in each state
compared to the national total, and may only be used for teaching abstinence. To receive funding,
a state must match every $4 in federal funds with $3 in state funds. Sec. 510 provided $50 million
for each of five years (FY1998-FY2003). Although the program has not been reauthorized, the
latest of several extensions, which was included in the Medicare Improvements for Patients and
Providers Act (MIPAA) of 2008, continued funding at the $50 million annual rate through June
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30, 2009.50 Funds are administered by the Administration for Children and Families (ACF) within
HHS.
PHSA Title XX, Adolescent Family Life (AFL) Demonstration Projects, authorizes a number of
voluntary teen pregnancy prevention, counseling, and related programs. The HHS Secretary may
award demonstration grants to public or nonprofit private entities to provide care and/or
prevention services (including educational services) according to specified requirements.
Grantees are required to evaluate program results and report to the Secretary, and the Secretary is
authorized to support research on teen pregnancy prevention. Title XX AFL funds are
administered by the Office of Population Affairs within HHS. PHSA Title X, Population Research
and Voluntary Family Planning Programs, authorizes grants for comprehensive voluntary family
planning services, education, and research, including such activities for adolescents. Title X
Family Planning funds also are administered by the Office of Population Affairs within HHS.
PHSA Sections 318 and 318A authorize grants for technical assistance and voluntary services
(including screening, treatment, counseling, and education) to address sexually transmitted
diseases in women (these provisions do not explicitly address adolescents). These funds are
administered by the Centers for Disease Control and Prevention within HHS. In addition, there
are several other federally funded programs that provide pregnancy prevention information and/or
services to teens.51
Sec. 2953. Personal Responsibility Education
This section would add a new SSA Sec. 513, Personal Responsibility Education, to be
administered by the ACF. The new section would establish a state formula grant program of $75
million for each of the fiscal years FY2010 through FY2014 to enable states to operate a new
Personal Responsibility Education program. Under the funding allocation formula, each state
would receive an amount based on the size of its youth population (persons ages 10 through 19)
as a percentage of the national youth population. However, each state would receive a minimum
allotment of at least $250,000 for each of FY2010 through FY2014.
The section defines a Personal Responsibility Education program as a program that is designed to
educate adolescents on both abstinence and contraception for prevention of pregnancy and
sexually transmitted infections, including HIV/AIDS, and at least three of the six stipulated
adulthood preparation subjects. The adulthood preparation subjects are (1) healthy relationships,
including marriage and family interactions; (2) adolescent development, including the
development of healthy attitudes and values about adolescent growth and development, body
image, racial and ethnic diversity, and other related subjects; (3) financial literacy; (4) parent-
child communication; (5) educational and career success, including developing skills for
employment preparation, job seeking, independent living, financial self-sufficiency, and
workplace productivity; and (6) healthy life skills, including goal-setting, decision making,
negotiation, communication and interpersonal skills, and stress management.
50 For more information, see CRS Report RS20873, Reducing Teen Pregnancy: Adolescent Family Life and Abstinence
Education Programs, by Carmen Solomon-Fears.
51 These programs include Medicaid Family Planning, the Maternal and Child Health block grant, the Temporary
Assistance for Needy Families (TANF) program, the Title XX Social Services block grant, and a couple of teen
pregnancy prevention programs administered by the Centers for Disease Control and Prevention.
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A Personal Responsibility Education program would be required to (1) replicate evidence-based
effective programs or substantially incorporate elements of effective programs that have been
proven through rigorous scientific evaluation to delay sexual activity, increase condom or
contraceptive use for sexually active youth, or reduce pregnancy among youth; (2) be medically
accurate and complete; (3) include activities that educate youth who are sexually active about
responsible sexual behavior with regard to both abstinence and the use of contraception; (4) place
substantial emphasis on both abstinence and contraception for the prevention of pregnancy among
youth and sexually transmitted infections; (5) provide age-appropriate information and activities;
and (6) provide the acceptable activities within the cultural context that is most appropriate for
individuals in the particular population group to which they are directed.
In order to receive its allotment, a state would be required to submit an application to the HHS
Secretary that includes (1) youth pregnancy rates and youth birth rates for the state for the most
recent year for which data are available (and trend data for the most recent five years); (2) state-
established goals for reducing youth pregnancy rates and youth birth rates; and (3) a description
of the state’s plan for using its allotment to achieve the state-established goals to reduce youth
pregnancy rates and youth birth rates in the state, especially among youth populations that are the
most high-risk or vulnerable for pregnancies or otherwise have special circumstances.
This section would provide that a state’s allotment would remain available for expenditure by the
state through the end of the second succeeding fiscal year. States that did not apply for the funds
in FY2010 or FY2011 would not be eligible to apply for the funds allotted for the period FY2010
through FY2014. The HHS Secretary would be required to use unexpended funds resulting from
states not submitting an application, or states not expending their allotments for the Personal
Responsibility Education program, for three-year grants to local organizations and entities
(including faith-based organizations or consortia) to conduct Personal Responsibility Education
programs in states that chose not to apply for Personal Responsibility Education program funding.
Grantees of these three-year (FY2012-FY2014) awards would be required to agree to participate
in a rigorous federal evaluation of their programs.
The HHS Secretary would be required to annually reserve $10 million (out of the $75 million
annual appropriation) for grants to entities to implement innovative youth pregnancy prevention
strategies and target services to high-risk, vulnerable, and culturally under-represented youth
populations. An entity that is awarded a grant would be required to participate in a rigorous
federal evaluation of the activities funded by the grant.
The HHS Secretary would be required to reserve 5% of remaining funds for allotments to Indian
tribes and tribal organizations. The HHS Secretary would be required to reserve 10% of
remaining funds for expenditures by the Secretary to (1) provide (directly or through a
competitive grant process) research, training, and technical assistance for the programs and
activities funded by the Personal Responsibility Education program allotments or grants, and (2)
evaluate the program and activities funded by the Personal Responsibility Education program
allotments or grants.
Sec. 2954. Restoration of Funding for Abstinence Education
This section would amend SSA Sec. 510 by appropriating $50 million for each of FY2010
through FY2014 for the abstinence education grant program.
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Support for Pregnant and Parenting Teens and Women
Secs. 10211-10214. Pregnancy Assistance Fund
These sections would create and fund a new competitive grant program to states to help pregnant
and parenting teens and women. Sec. 10211 would define several words and terms that are
associated with the new pregnancy assistance fund. Sec. 10212 would create a new Pregnancy
Assistance Fund that would require the HHS Secretary (in collaboration and coordination with
the Secretary of Education) to establish a competitive grant program to states to help pregnant
and parenting teens and women. To qualify for a grant, a state must submit an application to the
HHS Secretary, containing prescribed information, including the name of the state agency
designated to receive and administer grant funds.
Sec. 10213 would allow states to make pregnancy assistance grant funds available to (1)
institutions of higher education, (2) high schools and community service centers, (3) a state’s
attorney general, (for services or technical assistance and training pertaining to violence against
eligible pregnant women), and/or (4) to increase public awareness and education.
Pursuant to the bill, a state would be able to make grant funds available to eligible institutions of
higher education to enable them to establish, maintain, or operate pregnant and parenting student
services. Such services would include a needs assessment on campus and within the local
community to determine pregnancy and parenting resources and to set goals for improving such
resources for pregnant, parenting, and prospective parenting students, and improving access to
such resources. An institution of higher education that receives grant funds would have to
annually assess its performance in meeting the following needs of pregnant or parenting students:
(1) inclusion of maternity coverage and the ability to include additional family members in
student health care; (2) family housing; (3) child care; (4) flexible academic scheduling; (5)
education to improve parenting skills; (6) maternity and baby clothing, baby food, baby furniture,
and similar material items; and (7) post-partum counseling. Among other things, higher education
institutions that receive grant funds would be required to identify public and private service
providers (located on campus or within the local community), establish programs with such
providers to meet the specified needs of pregnant or parenting students, assist eligible persons in
locating and obtaining appropriate services, and make necessary referrals for prenatal care and
delivery, infant or foster care, or adoption.
Higher education institutions that receive grant funds would be required to submit an annual
report to the state. The state would be required to prepare and submit a report to the Secretary on
findings related to the grant funds. Institutions of higher education that receive grant funds would
have to match 25% of the grant amount from non-federal funds.
Under the bill, a state would be able to make grant funds available to eligible high schools and
community service centers to enable them to establish, maintain, or operate pregnant and
parenting student services in the same general manner and in accordance with the conditions and
requirements imposed on institutions of higher education (described above), except that matching
funds would not be required.
In addition, the bill stipulates that a state would have the flexibility to provide grant funds to its
attorney general (if the attorney general applies for grant funds) to help statewide offices provide
intervention services and supportive services for eligible pregnant women who are victims of
domestic violence, sexual violence, sexual assault, or stalking. Under the bill, a state’s attorney
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general would be allowed to provide technical assistance and training to (1) federal, state, tribal,
territorial, and local governments, law enforcement agencies, and courts; (2) professionals
working in legal, social service, and health care settings; (3) nonprofit organizations; and (4)
faith-based organizations. A state would have the authority to use grant funds to increase public
awareness and education concerning any of the new services available to eligible pregnant and
parenting teens and women or other relevant resources available to such persons.
Sec. 10214 would authorize and appropriate $25 million annually for ten years (FY2010-
FY2019) for the new pregnancy assistance fund.
Health Care Needs of Youth Aging Out of Foster Care
Under the federal foster care program (SSA Title IV-E) a state is required to have in place a case
review system for each child in foster care to, among other things, periodically review the child’s
status in foster care and to develop and carry out a permanency plan for the child. The case
review system must ensure that a transition plan is developed for (and with) any youth in foster
care for whom the state’s responsibility is expected to end because the youth has reached the age
of majority (i.e., 18 years of age or a later age, up to age 21, if elected by the state). The plan must
be developed during the 90-day period immediately prior to date on which the youth is expected
to age out of foster care and it must include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and workforce
supports and employment services. Under the Chafee Foster Care Independence Program
(CFCIP; SSA Sec. 477), states receive funds to provide independent living services for youth who
are expected to age out of foster care and for those who have already aged out of care. As part of
their application for these funds, states must provide certain certifications regarding how the
programs will be carried out. Finally, under the Stephanie Tubbs Jones Child Welfare Services
Program (SSA Title IV-B, Subpart 1), states are required to develop a plan for the ongoing
oversight and coordination of health care services for children in foster care. The state child
welfare agency and the state agency that administers Medicaid must coordinate and collaborate in
the development of this plan, and the plan must outline specific steps to ensure that children in
foster care have their health care needs identified and appropriately met and that medical
information for children in foster care is updated and appropriately shared.
Sec. 2955. Health Care Power of Attorney
This section would amend SSA Sec. 475(5)(H) to require that the mandatory transition plan for a
youth who is about to age out of foster care include information about the importance of
designating another individual to make health care treatment decisions on behalf of the youth if
he or she becomes unable to participate in these decisions and either does not have a relative who
would be authorized to make these decisions under state law or does not want that relative to
make those decisions. In addition, the transition plan would also be required to provide the youth
with the option to execute a health care power of attorney, health care proxy, or other similar
document recognized under state law.
This section also would amend SSA Sec. 477(b)(3) to require states, as part of their application
for CFCIP funds, to certify that foster care or former foster care adolescents receiving these
independent living services receive education about (1) the importance of designating an
individual to make health care treatment decisions for them if appropriate; (2) whether a health
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care power of attorney, health care proxy, or other similar document is recognized under state
law; and (3) how to execute such a document if desired.
Finally this section would amend SSA Sec. 422(b)(15)(A) to require that the health care oversight
plan developed collaboratively between the state child welfare agency and the state Medicaid
agency outline steps to ensure that the health-care related components of the transition plan for
youth aging out of foster care are met. These would include options for health insurance,
information about a health care power of attorney, health care proxy, or other similar document
recognized by state law, and the option to execute such a document. All of these requirements
would become effective on October 1, 2010.
Behavioral Health
Background and Issues
Existing behavioral health programs authorized under PHSA Title V and Title IX provide funding
for prevention and treatment of mental health and substance abuse problems. This funding is
provided through the HHS Substance Abuse and Mental Health Services Administration
(SAMHSA). Appropriations authorities for most of the Title V programs have expired, though
many of them continue to receive funding.52 Schools and training programs in social work are
generally not eligible for funding under PHSA Title VII, with the exception of training programs
in health administration under Sec. 769. In contrast, most graduate programs in mental and
behavioral health are generally eligible for broad health professions training grants under Title
VII. PHSA Title XXVII, Sec.2705 requires insurers who choose to offer coverage for behavioral
health to provide it on par with their coverage for physical health conditions.
In 2007, about 11% of Americans aged 18 or older (23.7 million) in the United States experienced
serious psychological distress, such as anxiety and mood disorders, that resulted in functional
impairment that impeded one or more major life activities. During the same year, an estimated
8% of Americans aged 12 or older (19.9 million) were current users53 of illicit drugs.54 The
behavioral health care system confronts numerous issues including access to and availability of
services, quality of care, insurance coverage and payment, and coordination of care.55
H.R. 3590, as passed by the Senate, would address behavioral health issues primarily in the
following areas: coordinated care for individuals with mental disorders and co-occurring physical
illness, education and training of mental and behavioral providers, mental health parity, and
establishing centers of excellence to treat depression.
52 For more information on SAMHSA, see CRS Report RL33997, Substance Abuse and Mental Health Services
Administration (SAMHSA): Reauthorization Issues, by Ramya Sundararaman.
53 A “current user” is defined as someone who used an illicit drug during the month prior to the survey interview.
54 Department of Health and Human Services: Substance Abuse and Mental Health Services Administration, National
Survey on Drug Use and Health, 2007, http://www.oas.samhsa.gov/NSDUHlatest.htm.
55 For more information on issues related to the mental health care delivery system, see CRS Report R40536, The U.S.
Mental Health Delivery System Infrastructure: A Primer, by Ramya Sundararaman.
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Sec. 1311(j). Applicability of Mental Health Parity to Qualified Plans
This paragraph would apply existing mental health parity rules in PHSA Sec. 2726 to qualified
health benefits plans56 in the same manner and to the same extent as they apply to health
insurance issuers and group health plans.
Sec. 5604. Co-locating Care in Community-Based Mental Health Settings
This section would create a new PHSA Sec. 520K, Grants for Co-Locating Primary and
Specialty Care in Community-Based Mental Health Settings, requiring the Secretary to fund
demonstration projects for providing coordinated care to individuals with mental illness and co-
occurring primary care conditions and chronic diseases. Primary and specialty care services
would be co-located in community-based mental health settings. Grantees would be required to
use the grant funds to provide specific services such as primary care services, diagnostic and
laboratory services, and screenings for the defined special populations, and certain specialty care
services. Not more than 15% of the funds could be used for information technology or facility
improvements or modifications. Within 90 days of expiry of the grant, grantees would have to
submit to the Secretary an evaluation of the effectiveness of the activities carried out under the
grant. There would be authorized to be appropriated $50 million for FY2010 and SSAN for each
of FY2011 through FY2014 to carry out this section.
Sec. 5306. Mental and Behavioral Health Education and Training Grants
This section would amend PHSA Title VII, Part D by deleting Sec. 757 (authorizing
appropriation for Part D through FY2002), redesignating Sec. 756 (as amended by Sec. 5103 of
the bill) as Sec. 757, and adding a new PHSA Sec. 756, Mental and Behavioral Health Education
and Training Grants. The new section would authorize the Secretary to award grants to (1)
eligible institutions of higher education to support the recruitment and education of students in
social work programs, interdisciplinary psychology training programs, and internships or field
placement specified types of programs related to child and adolescent mental health; and (2) state
licensed mental health organizations to train paraprofessional child and adolescent mental health
workers.
The section would require at least four of the grant recipients to be historically black colleges or
universities, or other minority-serving institutions. For grants for education and training in social
work, priority would be given to applicants that are accredited by the Council on Social Work
Education, have a graduation rate of at least 80% for social work students, and are able to recruit
from and place social workers into areas with a high need and high demand population. For
grants in graduate psychology, priority would be given to institutions that focus on the needs of
specified vulnerable groups. For grants to train child and adolescent mental health professionals,
priority would be given to applicants that, among other things (1) have shown they are able to
collect data on their students who are trained in child and adolescent mental health and the
populations served by those students after graduation; (2) are familiar with evidence-based
methods; and (3) have programs designed to increase the number of professional serving and
coming from high-priority populations, and who plan to serve in HPSAs, medically underserved
areas, or medically underserved populations.
56 A qualified health benefits plan is one that meets the requirements set forth Sec. 1301 of H.R. 3590.
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For grants to train paraprofessional child and adolescent mental health workers, priority would be
given to applicants that, among other things (1) have demonstrated the ability to collect data on
the number of child and adolescent mental health workers trained and the populations they serve
upon completion of the training; (2) are familiar with evidence-based methods; (3) have programs
designed to increase the number of child and adolescent mental health workers serving high-
priority populations; (4) offer curriculum taught collaboratively with a family; and (5) provide
services through a community mental health program described in PHSA Sec. 1913(b)(1).
For FY2010 through FY2013, the section would authorize to be appropriated $8 million for
training in social work, $12 million for training in graduate psychology, $10 million for training
in professional child and adolescent mental health, and $5 million for training in paraprofessional
child and adolescent work.
Sec. 10410. Centers of Excellence for Depression
This section would add a new PHSA Sec. 520B, requiring the Secretary, acting through the
SAMHSA Administrator, to award five-year grants on a competitive basis to eligible entities to
establish national centers of excellence for depression. These Centers would be required to
engage in activities related to the treatment of depressive disorders, as defined. If funds
authorized are appropriated in the amounts provided, the Secretary would be required to establish
no more than 20 Centers no later than one year after enactment; and no more than 30 Centers no
later than September 30, 2016. One grant recipient would be designated as the coordinating
center, as specified. The Secretary would be prohibited from funding an entity unless they agree
to make non-federal contributions toward grant activities equal to $1 for every $5 of federal grant
funds. Each Center would be required to carry out specified activities, including developing
improved treatment standards, clinical guidelines, diagnostic protocols, and care coordination
practices; and expanding translational research through collaboration of Centers and community-
based organizations. The coordinating Center would be required to establish and maintain a
national database. The Secretary, acting through the SAMHSA Administrator, would be required
to establish performance standards for each Center and the network of Centers and would issue
Center report cards, as described. Based upon the report cards, the Secretary would be required to
make recommendations to (1) the Centers regarding improvements; and (2) Congress for
expanding the Centers. The Secretary would be required to arrange for an independent third party
review to conduct an evaluation of the network of Centers. To carry out this section, there would
be authorized to be appropriated $100 million for each of FY2011 through FY2015, and $150
million for each of FY2016 through FY2020. Of the amount appropriated for a fiscal year, the
Secretary would be required to determine the allocation for each Center which may not be more
than $5 million to each Center, and no more than $10 million to the coordinating center.
Quality
Background and Issues
Numerous stakeholders, including policymakers, have engaged in a wide range of efforts to try to
address the issue of health care quality. These efforts have generally focused on improving and
refining metrics for measuring the quality of care delivered in a number of settings; publicly
reporting comparative information on quality performance; and, in some cases, using metrics as
the basis for payment policies to demand provider accountability (value-based purchasing).
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However, these efforts have not generally been guided by a single federal strategy, entity, or set of
priorities or goals, nor have they benefitted from a coordinated infrastructure specifically devoted
to improving health care quality. The following describes provisions in H.R. 3590, as passed by
the Senate, that would address the issues of quality measurement, patient safety/quality
improvement, care coordination, improvement of Medicare and Medicaid nursing homes and
other long term care facilities, and comparative effectiveness research.
National Strategy to Improve Health Care Quality and Quality
Measurement
There are no provisions in current law that require the development of national priorities for
performance improvement (directed either at the Secretary or AHRQ). However, the Secretary is
required by law to have in effect a contract with a consensus-based entity to perform a number of
duties, including to synthesize evidence and convene stakeholders to make recommendations on
an integrated national strategy and priorities for health care performance measurement in all
applicable settings.
AHRQ has significant existing statutory authorities under PHSA Title IX with respect to the
development of quality measures. This includes promoting health care quality improvement by
conducting and supporting research that develops and presents scientific evidence regarding all
aspects of health care, including methods for measuring quality and strategies for improving
quality. In addition, AHRQ’s role includes the ongoing development, testing, and dissemination
of quality measures, including measures of health and functional outcomes, and the compilation
and dissemination of health care quality measures developed in the private and public sector.
Current law does not set forth a process for, or require, multi-stakeholder input into the selection
of quality measures by the Secretary for use in CMS’s quality programs, such as Medicare’s
Physician Quality Reporting Initiative (PQRI) or the Reporting Hospital Quality Data for Annual
Payment Update (RHQDAPU) program.
H.R. 3590 includes the following five sections addressing quality measurement, which together
would require the development of an explicit national effort to establish a national strategy for
quality improvement; establish an interagency working group to advance quality efforts at the
national level; develop a comprehensive repertoire of quality measures; and formalize processes
for quality measure selection, endorsement, data collection and public reporting of quality
information.
Sec. 3011. National Strategy
This section would create in Title III a new PHSA Part S, Health Care Quality Programs,
Subpart I, National Strategy for Quality Improvement in Health Care. It would include a new
Sec. 399HH, which would require the Secretary to establish a national strategy for healthcare
quality improvement to improve the delivery of health care services, outcomes, and population
health, and to identify national priorities for quality improvement. This section would require the
Secretary to ensure that the national priorities would address health care provided to patients with
high-cost chronic diseases; improve federal payment policy to emphasize quality and efficiency;
have the greatest potential for improving health outcomes, efficiency, and patient-centeredness of
care; reduce health disparities; and address gaps in quality and health outcomes measures,
comparative effectiveness information, and data aggregation techniques, among others. The
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national strategy would be required to include a comprehensive strategic plan to achieve the
national priorities for quality improvement and would be required to address a number of issues,
including coordination among agencies within the Department and strategies to align public and
private payers with regard to quality and patient safety efforts, among others. The Secretary
would also be required to create a health care quality website to make public the national
priorities and other information the Secretary deems appropriate.
Sec. 3012. Interagency Working Group on Health Care Quality
This section would require the President to convene a working group to be known as the
Interagency Working Group on Health Care Quality. The goals of this group would include
achieving collaboration, cooperation, and consultation between federal departments and agencies
with respect to quality improvement activities; avoiding duplication of quality improvement
efforts; developing a streamlined process for quality reporting and compliance requirements; and
assessing alignment of quality efforts in the public sector with private sector initiatives. The
Working Group would be composed of senior level representatives of specified federal agencies
and departments; the Secretary would serve as the Chair; and Members would serve as Vice
Chair, on a rotating basis. The Working Group would be required to submit a report describing its
progress and recommendations to relevant Committees of Congress and to make this report
publicly available.
Sec. 3013. Quality Measure Development
This section would create in Title IX a new PHSA Part D, Health Care Quality Improvement,
Subpart I, Quality Measure Development. It would include a new PHSA Sec. 931, which would
require the Director of AHRQ to identify gaps where no quality measures exist or where existing
measures need improvement, updating or expansion consistent with the national strategy under
Sec. 399HH. In identifying these gaps, the Director would be required to consider the gaps
identified by the entity with a contract under SSA Sec. 1890(a) and other stakeholders. The
Director would be required to make a report on any gaps identified, and the process used to
identify the gaps, available to the public. This section would require the Director to fund or enter
into agreements with eligible entities for purposes of developing, improving, updating, or
expanding quality measures in areas identified as gap areas. The Director would be required to
give priority to the development of quality measures that allow for the assessment of health
outcomes and functional status of patients; the management and coordination of health care
across episodes of care and care transitions; health disparities; and the efficiency of care, among
other things. An entity receiving funds under this section would be required to use the funds to
develop quality measures that allow, to the extent practicable, data on measures to be collected
using HIT, that are free of charge to users, and that are publicly available, among other things.
The funds under this section would be able to be used by the Director to update and test quality
measures endorsed by the entity with a contract under SSA Sec. 1890(a). This section, as
amended by Sec. 10303(a) of the bill, would require the Secretary to develop, and periodically
update, provider-level outcome measures for hospitals and physicians, and other providers as
determined appropriate by the Secretary. The measures would be required to include outcome
measurement for acute and chronic disease and primary and preventive care. In developing the
outcome measures, the Secretary would be required to seek to address risk adjustment,
accountability, and sample size issues; and include the full scope of services that comprise a cycle
of care. This section would authorize to be appropriated $75 million for each of FY2010 through
FY2014.
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Sec. 3014. Quality Measurement
This section would amend SSA Sec. 1890(b) to outline new duties for a consensus-based entity.
This section would require the entity to convene multi-stakeholder groups to provide input on the
selection of quality measures and national priorities. The quality measures would be those used
pursuant to specified SSA sections; those used in reporting performance information to the
public; and those used in health care programs other than for use under this bill. Those data sets
that are used for the purposes of classification systems used in establishing payment rates under
this title would not be considered quality measures for purposes of this section. The entity would
be required to transmit to the Secretary the input of multi-stakeholder groups no later than
February 1 of each year, beginning in 2012. This section would amend SSA Sec. 1890(b)(5)(A) to
require the entity to submit a report to Congress and the Secretary describing gaps in endorsed
measures and areas where evidence is insufficient to support endorsement of quality measures in
priority areas identified under the national strategy. This section would also amend the SSA by
inserting, after section 1890, the following new SSA Sec. 1890A, Quality Measurement. This new
section would require the Secretary to establish a pre-rulemaking process, to include a series of
six steps to select quality measures, including gathering multi-stakeholder input; making
measures under consideration available to the public; transmission to, and consideration by the
Secretary of, the input of multi-stakeholder groups; and the publication of the rationale for the use
of any quality measure in the Federal Register; among others. This section would also require the
Secretary to establish a process for disseminating quality measures used by the Secretary and
would require the Secretary to periodically review quality measures and determine whether to
maintain the use of the measure or to phase it out.
This section would require the Secretary to provide for the transfer, from the Medicare Part A and
Part B Trust Funds, $20 million to the CMS Program Management Account for each of FY2010
through FY2014.
Sec. 3015. Data Collection; Public Reporting
This section would amend PHSA Title III by adding at the end the following new PHSA Sec.
399II, Collection and Analysis of Data for Quality and Resource Use Measures. This section, as
amended by Sec. 10305 of the bill, would require the Secretary to establish and implement an
overall strategic framework to carry out the public reporting of performance information, as
described in new PHSA Sec. 399JJ, as added by this Act. In addition, the Secretary would be
required to collect and aggregate consistent data on quality and resource use measures, and may
award grants or contracts for this purpose, and to ensure that data collection, aggregation and
analysis systems involve an increasingly broad range of patient populations, providers, and
geographic areas over time. This section would allow the Secretary to award grants or contracts to
eligible entities to support new, or improve existing, efforts to collect and aggregate quality and
resource use measures. The Secretary, under this section, would only be permitted to award grants
or contracts to entities that enable summary data that can be integrated and compared across
multiple sources. This section would authorize the appropriation of SSAN for FY2010 through
FY2014.
This section would also add a new PHSA Sec. 399JJ, Public Reporting of Performance
Information. This section would require the Secretary to make available to the public, through
standardized websites, performance information summarizing data on quality measures. This
performance information would be required to include information regarding clinical conditions
to the extent such information is available, and the information would, where appropriate, be
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provider-specific and sufficiently disaggregated and specific to meet the needs of patients with
different clinical conditions. This section would require the Secretary to consult with the entity
with a contract under SSA Sec. 1890(a) and other entities as appropriate to determine the type of
information that is useful to stakeholders. In addition this section would require the entity with a
contract under Sec. 1890(a) to convene multi-stakeholder groups to review the design and format
of each website and to transmit the views of these groups to the Secretary. This section would
authorize the appropriation of SSAN for FY2010 through FY2014.
Quality Improvement and Patient Safety
The PHSA, Title IX, provides AHRQ with broad general authority to conduct and support
research on health care quality, including ways in which patients, consumers, purchasers, and
practitioners acquire new information about best practices and health benefits, and the
determinants and impact of their use of this information. In addition, AHRQ has the authority to
provide financial assistance for meeting the costs of planning and establishing new centers for
multidisciplinary health services research, demonstration projects, evaluations, training, and
policy analysis.
Under PHSA Sec. 301, the Secretary has general authority to conduct and promote the
coordination of research, investigations, experiments, demonstrations, and studies related to the
causes, diagnosis, treatment, control, and prevention of physical and mental diseases impacting
individuals and to award grants for public health purposes, including for training; to award grants
for training of health professionals under Part C of Title VII; and to conduct research and
disseminate information regarding health care quality under Title IX; among other things.
Sec. 3501. Health Care Delivery System Research; Quality Improvement
This section would create a new Subpart II, Health Care Quality Improvement Programs, and
would include a new PHSA Sec. 933, to enable the Director of AHRQ to identify, develop,
evaluate, and disseminate innovative strategies for quality improvement practices in the delivery
of health care services that represent best practices, and to establish The Center for Quality
Improvement and Patient Safety of AHRQ (hereinafter referred to as the “Center”). The general
functions of this Center would include, among others: (1) identifying providers that deliver
consistently high-quality, efficient health care services and employ best practices that are
adaptable and scalable to diverse health care settings; (2) assessing research, evidence, and
knowledge about what strategies and methodologies are most effective in improving health care
delivery; (3) finding ways to translate such information rapidly and effectively; (4) creating
strategies for quality improvement through the development of tools, methodologies, and
interventions that can successfully reduce variation in the delivery of health care; and (5) building
capacity at the state and community level to lead quality and safety efforts through education,
training and mentoring programs. The Center would be required to support research on health
care delivery system improvement and the development of tools to facilitate the adoption of best
practices. This section would require the Director to make the research findings of the Center
available to the public, would ensure that research findings and results generated by the Center
would be shared with the Office of the National Coordinator of Health Information Technology,
and would require the Center to coordinate its activities with the Center for Medicare and
Medicaid Innovation established by this Act. The Director would be required to identify a list of
processes or systems on which to focus research and dissemination activities, and would be
required to take into account a number of factors, including the cost to federal health programs
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and provider assessment of such processes or systems, among others. This section would
authorize to be appropriated $20 million for FY2010 through FY2014.
This section would also add a new PHSA Sec. 934, which would require the Director, through the
Center, to award technical assistance funding to specified eligible entities. Funds would provide
technical support to institutions that deliver health care so that such institutions understand, adapt,
and implement the models and practices identified by the research conducted by the Center.
Funds would also support implementation awards to eligible entities to implement these models
and practices. Sec. 3511 of this bill would authorize the appropriation of SSAN to carry out the
activities in this section.
Sec. 3508. Quality and Patient Safety Training in Clinical Education
This section would allow the Secretary to award grants to eligible entities or consortia to carry out
demonstration projects to develop and implement academic curricula that integrate quality
improvement and patient safety into the clinical education of health professionals. A grant could
be awarded under this section only if the receiving entity or consortium were to agree to make
available non-federal contributions toward the costs of the program in an amount that is not less
than $1 for each $5 of federal funds. This section would also require the Secretary to evaluate the
projects funded under this section and publish, make publicly available, and disseminate the
results of such evaluations on as wide a basis as is practicable. Finally, this section would require
the Secretary to submit a report to specified congressional committees that would describe the
specific projects supported under this section and provide recommendations to Congress. Sec.
3511 of this bill would authorize the appropriation of SSAN to carry out the activities in this
section.
Sec. 10303(b). Hospital-Acquired Conditions
Medicare pays acute care hospitals using the inpatient prospective payment system (IPPS), where
each patient is classified into a Medicare severity adjusted diagnosis-related group (MS-DRG).
Generally, except for outlier cases, a hospital receives a predetermined amount for a given MS-
DRG regardless of the services provided to a patient. In some instances, Medicare patients may
be assigned to a different MS-DRG with a higher payment rate based on secondary diagnoses.
Starting October 1, 2008, hospitals did not receive additional Medicare payment for
complications that were acquired during a patient’s hospital stay for certain select conditions.
These hospital-acquired conditions (HACs) are (1) high cost, high volume, or both; (2) identified
though a secondary diagnosis that will result in the assignment to a different, higher paid MS-
DRG; and (3) reasonably preventable through the application of evidence-based guidelines.
Sec. 10303(b) would amend SSA Sec. 1890A, as added by Sec. 3014(b), and as amended by Sec.
3013(b), to require the Secretary, to the extent practicable, to publicly report on measures for
HACs that are currently utilized by CMS for the adjustment of payment to hospitals based on
rates of hospital-acquired infections.
Sec. 10303(c). Clinical Practice Guidelines
The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) (Sec. 304(b))
required the Secretary to enter into a contract with the Institute of Medicine (IOM) requiring the
IOM to conduct a study on the best methods used in developing clinical practice guidelines in
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order to ensure that organizations developing such guidelines have information on approaches
that are objective, scientifically valid, and consistent. The IOM is required to submit to the
Secretary, and the appropriate committees of jurisdiction of Congress, a report containing the
results of this study and recommendations for legislation and administrative action. Finally,
stakeholders with expertise in making clinical recommendations are required to participate on the
panel responsible for conducting this study and preparing the report.
Sec. 10303(c) would require the Secretary, following receipt of the report required under MIPPA
Sec. 304(b), and not less than every three years thereafter, to contract with the IOM to employ the
results of the study and the best methods identified for the purpose of identifying existing and
new clinical practice guidelines that were developed using such best methods, including
guidelines listed in the National Guideline Clearinghouse. This section would require the
Secretary, in carrying out this identification process, to allow for consultation with professional
societies, voluntary health care organizations, and expert panels.
Care Coordination
Care coordination is seen as an important aspect of health care that helps avoid waste by reducing
the over- and underuse of medications, diagnostic tests, and therapies. The current health care
system places a high value on specialty care, rather than primary care, and patients with multiple
chronic conditions often receive care from several providers in different settings. Among other
things, this can compromise patients’ understanding of their conditions and ways to manage them,
and may also result in deficiencies in the quality of care provided to these patients. A number of
provisions in H.R. 3490, as passed by the Senate, address issues relating to the coordination of
care by supporting medical homes, medication management services, patient navigator services,
and the empowerment of patients through education about methods for managing their chronic
conditions.
Sec. 204 of the Tax Relief and Health Care Act of 2006 mandated a demonstration in up to eight
states to provide targeted, accessible, continuous and coordinated care to Medicare beneficiaries
with chronic or prolonged illnesses requiring regular medical monitoring, advising, or treatment.
This model is commonly referred to as a medical home. MIPPA Sec. 133 allowed the Secretary to
expand the demonstration project as appropriate (subject to certain limitations).
Currently, Medicare Part D sponsors are required to establish medication therapy management
(MTM) programs, in cooperation with licensed pharmacists, to ensure that covered Part D drugs
are used appropriately and reduce adverse drug interactions. Part D plans have significant
flexibility in structuring their MTM programs and deciding which targeted populations are
appropriate for MTM services. In a July 2008 study, CMS examined the attributes and features of
MTM models currently in use and concluded that it is too soon to tell how the various MTM
models contribute to clinical outcomes.
PHSA Sec. 340A authorizes the Secretary to make four-year grants to eligible entities for the
development and operation of demonstration programs to provide patient navigator services.
Patient navigators must have direct knowledge of the communities they serve, and perform the
following duties, among others: (1) facilitate involvement of community organizations in
assisting individuals with chronic diseases to receive better access to high-quality health care
services; (2) help patients to overcome barriers in the health care system to ensure prompt
resolution of an abnormal finding of a chronic disease; and (3) coordinate with relevant health
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insurance entities to provide information to individuals with chronic diseases about health
coverage.
Sec. 3502. Community Health Teams to Support Medical Homes
This section would require the Secretary to implement a grant program for the purpose of
establishing health teams to provide support to primary care providers, and providing capitated
payments to these providers. Eligible grantees would be a state (or designee), Indian tribe, or
tribal organization that submits a plan for financial sustainability and for incorporating prevention
initiatives, patient education, and care management resources into care delivery; ensures that the
health team includes a multi-disciplinary team of specified providers; and agrees to provide
services to Medicaid beneficiaries with chronic conditions, as described in SSA Sec. 1945 (as
added by Sec. 2703 of this bill), in accordance with the payment methodology established under
that section. “Medical home” would be defined as a mode of care that includes (1) personal
physicians; (2) whole-person orientation; (3) coordinated and integrated care; (4) safe and high
quality care though evidence-informed medicine, appropriate use of health information
technology, and continuous quality improvements; (5) expanded access to care; and (6) payment
that recognizes added value from additional components of patient-centered care. A health team
would be required to carry out 10 specific activities, including establishing contractual
agreements with primary care providers to provide support services; developing plans that
integrate preventive services for patients; providing 24-hour care management and support during
transitions in care settings; and others. Primary care providers who contracted with these teams
would be required to provide care plans for patient participants, provide access to participant
health records and primary care practices, and meet regularly with the care team to ensure
integration of care. Sec. 3511 of this bill would authorize the appropriation of SSAN to carry out
the activities in this section.
Sec. 3503. Medication Management Services in Treatment of Chronic Disease
This section would add a new PHSA Sec. 935, Grants of Contracts to Implement Medication
Management Services in Treatment of Chronic Diseases, which would require the Secretary,
acting through the Patient Safety Research Center established in PHSA Sec. 933 (as added by
Sec. 3501 of this bill), to provide grants to support MTM services provided by licensed
pharmacists. Grantees would have to provide various specified MTM services to targeted
individuals, such as (1) assessing patients’ health and functional status; (2) formulating a medical
treatment plan; (3) administering appropriate medication therapy; (4) monitoring and evaluating
patient response to therapy; (5) documenting the care delivered and communicating essential
aspects to appropriate care providers; (6) providing education and training to enhance the
appropriate use of medications; and (7) coordinating and integrating MTM services in broader
health care management. MTM services provided by licensed pharmacists under this program
would be targeted at individuals who take four or more prescribed medications, take high-risk
medications, have two or more chronic diseases, or have undergone a transition of care or other
factors that are likely to create a high risk of medication-related problems. The Secretary would
be required to assess and evaluate specified aspects of the program and report to Congress. Sec.
3511 of this bill would authorize the appropriation of SSAN to carry out the activities in this
section.
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Sec. 3506. Program to Facilitate Shared Decisionmaking
This section would add a new PHSA Sec. 936, Program to Facilitate Shared Decisionmaking, to
facilitate shared decision making between patients and caregivers and their clinicians by engaging
the patient in clinical decision making, providing information on trade-offs among treatment
options, and incorporating patient preferences and values into the medical plan. The Secretary
would be required to enter into a contract with the consensus-based organization with a contract
under SSA Sec. 1890 to develop and identify standards for patient decision aids, to review patient
decision aids, and develop a certification process for determining whether patient decision aids
meet those standards. The Secretary, acting through the Director of AHRQ, would be required to
award grants or contracts to develop, update, and produce patient decision aids, to test such
materials to ensure they are balanced and evidence-based, and to educate providers on their use.
The Secretary would be required to award grants for establishing Shared Decision Making
Resource Centers to develop and disseminate best practices to speed adoption and effective use of
patient decisions aids and shared decision making. The Secretary also would be required to award
grants to providers for the development and implementation of shared decision-making
techniques. Providers receiving a grant would have to report to the Secretary data on those quality
measures, and the Secretary would have to provide feedback to those providers. This section
would authorize to be appropriated SSAN for FY2010, and each subsequent fiscal year.
Sec. 3510. Patient Navigator Program
This section would amend PHSA Sec. 340A to prohibit the Secretary from awarding a grant to an
entity under this section unless the entity provides assurances that patient navigators recruited,
assigned, trained, or employed using these grant funds meet certain minimum core proficiencies.
These proficiencies would be defined by the entity that submits the application and would be
tailored for the main focus or intervention of the navigator involved. The section would authorize
the appropriation of $3.5 million for FY2010, and SSAN for each of FY2011 through FY2015.
Sec. 10333. Community-Based Collaborative Care Networks
This section would add a new PHSA Sec. 340H, authorizing the Secretary to award grants to
eligible entities to support community-based collaborative care networks (CCNs). Eligible CCNs
would be required to be a consortium of health care providers with a joint governance structure
that provides comprehensive coordinated and integrated health care services (as defined by the
Secretary) for low-income populations. Networks would include a safety net hospital and all
FQHCs in the community. Grant funds could be used to assist low-income individuals, as
described; provide case management and care management; perform health outreach; provide
transportation; expand capacity; and provide direct patient care services. The Secretary would be
authorized to limit the percent of grant funding that may be spent on direct care services provided
by HRSA grantees or impose other requirements on such grantees deemed necessary. There
would be authorized to be appropriated SSAN for each of FY2011 through FY2015.
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Nursing Homes and other Long-Term Care Facilities and Providers
Secs. 6101- 6121. Nursing Home Transparency, Enforcement and Staff Training
These sections include a number of provisions that would enhance certain accountability
requirements for Medicare certified skilled nursing facility (SNF) and Medicaid certified nursing
facility (NF). The changes in these sections would require SNFs and NFs to maintain and make
available additional information on facility ownership and organizational structure, as well as to
establish new staff compliance and ethics training programs. The changes in these sections also
would require the Secretary to establish additional requirements for SNFs and NFs to develop and
implement compliance and ethics programs.
The Secretary would further be required to enhance the SNF and NF information available on the
Medicare Nursing Home Compare website, and to ensure that information is prominent, easily
accessible, searchable, and readily understandable to long-term care consumers. SNFs would be
required to report wage and benefit expenditures for direct care staff. In addition, the Secretary, in
consultation with private sector experts, would be required to redesign Medicare and Medicaid
cost reports to capture wage and benefit reporting by SNFs and NFs. The Secretary would be
required to develop a new standardized complaint form that facilities and states would be required
to make available to all stakeholders and consumers. The changes in these sections would require
SNFs and NFs to electronically report direct staffing information to the Secretary following
specifications the Secretary would establish in consultation with stakeholders. The GAO would
be required to conduct a study of the CMS Five-Star rating system.
Additional civil money penalties would be established that both the Secretary and states could
impose on SNFs or NFs found to have quality of care issues and other deficiencies that
jeopardized residents’ safety. The Secretary would be required to develop, test, and implement a
national independent monitoring demonstration for large interstate and intrastate SNF and NF
chains. Further, these sections would establish new requirements for SNF and NF administrators
to inform residents and their representatives, as well as the Secretary, states, and other
stakeholders of planned facility closures. SNF and NF administrators who failed to comply with
the closure notice requirements could be subject to penalties up to $100,000 and exclusion from
federal health program participation. The Secretary also would be required to conduct
demonstration projects on best practices for culture change and use of information technology in
SNFs and NFs. The changes in these sections would require the Secretary to revise initial nurse
aide training, competency, and evaluation requirements to include dementia and abuse prevention.
Finally, the Secretary also could revise dementia management training and patient abuse
prevention in ongoing nurse training, competency, and evaluation requirements.
Sec. 6201. Background Checks on Employees of Long-Term Care Facilities
This section would require the Secretary to establish a nationwide program for national and state
background checks on direct patient access employees of certain long-term care (LTC) facilities
or providers and provide federal matching funds to states to conduct these activities. The
Secretary would be required to carry out the nationwide program under similar terms and
conditions as the Background Check Pilot program under Sec. 307 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173) which established the
framework for such a program. From January 2005 through September 2007, CMS administered
the Background Check Pilot program, in consultation with the Department of Justice (DoJ), in
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seven states (Alaska, Idaho, Illinois, Michigan, Nevada, New Mexico, and Wisconsin) selected to
participate.
Under the nationwide program, the Secretary would be required to enter into agreements with
newly participating states and previously participating states. Certain LTC providers would be
required to obtain state and national criminal history background checks on their prospective
employees as the Secretary determines appropriate, efficient, and effective. The section would
require the Secretary of the Treasury to transfer to HHS an amount specified by the HHS
Secretary as necessary (not to exceed $160 million) to carry out the nationwide program for
FY2010 through FY2012. Such amounts would be required to remain available until expended.
The Secretary would be authorized to reserve no more than $3 million of the amount transferred
to conduct the evaluation.
Comparative Clinical Effectiveness Research
ARRA provided $1.1 billion for comparative effectiveness research and created the Federal
Coordinating Council for Comparative Effectiveness Research (FCCCER), an interagency
advisory group that is required to report to the President and Congress annually.57 H.R. 3590, as
passed by the Senate, has two comparative effectiveness research provisions. The first would
establish a new private, non-profit corporation to be called the Patient-Centered Outcomes
Research Institute; the second would terminate the FCCCER.
Sec. 6301. Patient-Centered Outcomes Research
This section would add a new SSA Part D, Comparative Clinical Effectiveness Research. New
Sec. 1181 would authorize the establishment of a private, nonprofit, tax-exempt (by amending
Sec. 501(l) of the Internal Revenue Code (IRC)) corporation called the Patient-Centered
Outcomes Research Institute (the Institute). The Institute would assist patients, clinicians,
purchasers, and policy makers in making informed health decisions by advancing the quality and
relevance of clinical evidence through research and evidence synthesis. The Institute would
identify national priorities for research, including attention to chronic conditions, gaps in
evidence, quality of care, patient health and well-being, the effect on national expenditures
associated with interventions or conditions, among other concerns. It would establish and update
a research agenda, which it would carry out by systematic reviews and assessment so existing and
future research, primary research, and other appropriate methodologies. This section would
require the Institute to enter into contracts with federal agencies as well as with appropriate
academic, private sector research, or study-conducting entities for the management of funding
and conduct of research.
The Institute’s 19-member board would include the directors (or their designees) of the AHRQ
and the National Institutes of Health (NIH), along with others appointed by the U.S. Comptroller
General to include representation of a broad range of groups, including patients and health care
consumers; physicians and providers; private payers; pharmaceutical, device, and diagnostic
manufacturers; quality improvement or independent health services researchers, and government
representatives. The Institute would, as appropriate, appoint expert advisory panels to assist in
57 The Council released its initial report on June 30, 2009. The report can be found at http://www.hhs.gov/recovery/
programs/cer/cerannualrpt.pdf.
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identifying research priorities and establishing the research project agenda. The section would
direct appointment of panels for clinical trials and rare diseases.
The Institute would also be required to establish a methodology committee, consisting of no more
than 15 members appointed by the Comptroller General plus the directors of AHRQ and NIH,
which would have responsibility for developing and improving the science and methods of
comparative clinical effectiveness research. The methodology committee would establish, with
outside input and with public comment, and periodically update research design standards
regarding clinical outcomes measures, risk-adjustment, subpopulation analysis, and other aspects
of research and assessment. The methodology committee would also be able to consult and
contract with the IOM and other private and governmental entities.
This section would require extensive procedures regarding conflict-of-interest, data privacy, peer-
review, and the public availability of information.
A new PHSA Sec. 937 would require AHRQ to broadly disseminate research findings published
by the Institute and other government-funded CCER research; create information tools; develop a
publicly available database of government-funded evidence. Dissemination materials would
identify researchers; describe research methodology, limitations, and subpopulation-specific
considerations; and not be construed as mandates, guidelines, or recommendations for payment,
coverage or treatment. This section would also require training of researchers, building of data
capacity in coordination other federal health programs, and authorize federal agencies to contract
with the Institute for the conduct and support of relevant research.
This section would add a new SSA Sec. 1182 to limit certain uses of evidence and findings from
research conducted under these provisions: the Secretary could only use the findings to make
coverage determinations if the use is through an iterative and transparent process that includes
public comment and considers the effect on subpopulations. This section would prohibit the
Secretary from using these research findings in determining Medicare coverage that in a manner
that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value
than extending the life of an individual who is younger, nondisabled, or not terminally ill; or that
would preclude or discourage an individual from choosing a health care treatment based on how
the individual values the tradeoff between extending the length of their life and the risk of
disability. It also prohibits the Institute from using values that discount the value of life because
of an individual’s disability or to use such measures in determining coverage.
New IRC Sec. 9511 would establish a new Patient-Centered Outcomes Research Trust Fund
(PCORTF) in the U.S. Treasury to fund the Institute and its activities. The Fund would receive the
following amounts: (1) specified annual appropriations over the period FY2010-FY2019 totaling
$1.26 billion; (2) additional annual appropriations over the period FY2013-FY2019 equal to the
net revenues from a new fee levied on health insurance policies and self-insured health plans
through FY2019; and (3) transfers from the Medicare Trust Funds through FY2019. The new fee
would equal $1 per covered life in FY2013 and $2 per covered life in FY2014 through FY2019
(updated annually by the rate of medical inflation). Similarly, the transfers from the Medicare
Trust Funds would equal $1 per beneficiary in FY2013 and $2 per beneficiary in FY2014 through
FY2019 (updated annually by the rate of medical inflation).
Sec. 6302. Federal Coordinating Council, Comparative Effectiveness Research
This section would terminate the FCCCER upon enactment.
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Key Health Indicators
There are a number of current efforts, some required by law, to collect and disseminate health
statistics on the U.S. population. Those activities are primarily directed by AHRQ and the CDC
National Center for Health Statistics (NCHS). AHRQ is required to submit two annual reports to
Congress: one on national trends in the quality of health care provided to the American people,
and the other on prevailing disparities in health care delivery as they relate to racial and
socioeconomic factors in priority populations. NCHS conducts and supports statistical and
epidemiological activities for the purpose of improving the effectiveness, efficiency, and quality
of health services in the United States. NCHS collects statistics on (1) the extent and nature of
illness and disability in the U.S. population; (2) the impact of illness and disability of the
population on the U.S. economy; (3) environmental, social, and other health hazards; (4)
determinants of health; (5) health resources; (6) utilization of health care; (7) health care costs
and financing; and (8) family formation, growth, and dissolution.
Sec. 5605. Key National Indicators
This section would establish the Commission on Key National Indicators (“Commission”)
appointed equally by the majority and minority leaders of the Senate and the Speaker and
minority leader of the House of Representatives. The Commission would have the following
responsibilities: (1) conduct comprehensive oversight of the newly established key national
indicator system; (2) make recommendations on how to improve the key national indicator
system; (3) coordinate with federal government users and information providers to assure access
to relevant and quality data; and (4) enter into contracts with the National Academy of Sciences
(“Academy”). The Commission would be required to enter into an arrangement with the
Academy to review available public and private sector research on key national indicator set
selection and determine how to best establish a key national indicator system. The Academy
would establish the key national indicator system by either creating its own institutional
capability, or partnering with an independent, private, non-profit organization as an Institute. The
Academy would be required to identify and select all criterion and methodologies to establish and
operate the key national indicator system. This entails issue areas to be represented, measures to
utilize, and data to populate the system. The Academy would be required to design, publish, and
maintain a public website for public access to key national indicators. Also, the Academy would
develop a quality assurance framework to ensure rigorous and independent processes and quality
data selection, and would be required to submit a report not later than 270 days after enactment of
this Act, and annually thereafter, to the Commission outlining the findings and recommendations
of the Academy. The Comptroller General of the United States would be required to conduct a
study of previous work conducted by a range of entities with respect to best practices for a key
national indicator system, and would be required to submit this study to the appropriate
authorizing committees of Congress. This section would authorize to be appropriated $10 million
for FY2010, and $7.5 million for each of FY2011 through FY2018, with amounts appropriated to
remain available until expended.
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Health Disparities
Data on Health Disparities
Federal initiatives such as the National Healthcare Disparities Report 58 and HealthyPeople 201059
examine health status, access to care, quality of care, and health disparities for the nation as a
whole and for population subgroups. These initiatives depend mainly on existing federally
sponsored data.
The OMB issues statistical policy guidance for the collection of data from federally sponsored
surveys, administrative forms and other records. 60 Agency data collection efforts may use
categories beyond this minimum set (for example, collect information on Hispanic
subpopulations); however, categories must be aggregated into the established minimum set for
reporting purposes. Another OMB guidance document addresses how to allocate multiple race
responses to the categories established in the 1997 standards for civil rights monitoring and
enforcement.61 OMB standards do not apply to state and municipal public health departments or
to Medicaid. While the standards do apply to CHIP, they are not binding on states that opt to use
CHIP funding to finance a Medicaid expansion or that employ a combined approach. The OMB
standards do not address primary language; however, CMS mandates that this information be
reported for Medicaid beneficiaries. CMS does not require the collection of primary language
data from CHIP enrollees, their parents or legal guardians.
Current law does not require the collection of data on access to care for disabled individuals for
any federal health care program or other federally sponsored entities. Data on access to care by
the disabled are collected in federally sponsored surveys such as the National Health Interview
Survey, the Medical Expenditure Panel Survey, the Behavioral Risk Factor Surveillance System,
and the Medicare Current Beneficiary Survey; however, analysis of survey data is limited by the
number and type of survey items included, variation in the items across surveys, and limitations
in the sample and sample size for individuals with disabilities.
Required Collection of Data
Many federal data collection efforts include items for measuring race and ethnicity or
subpopulations such as those whose primary language is not English or persons with disabilities.
However, sample surveys are often of insufficient sample size to ensure reliable estimates with
58 U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality. 2008 National
Healthcare Disparities Report. AHRQ Publication No. 09-001. March 2009. http://www.ahrq.gov/qual/nhqr08/
nhqr08.pdf
59 HealthyPeople 2010 Fact Sheet. http://www.healthypeople.gov/About/hpfact.htm
60 See, e.g., Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity; Federal Register,
Thursday October 30, 1997, pp. 58782. http://www.whitehouse.gov/omb/fedreg_1997standards/; Provisional Guidance
on the Implementation of the 1997 Standards for Federal Data on Race and Ethnicity December 15, 2000.
http://www.whitehouse.gov/omb/assets/information_and_regulatory_affairs/re_guidance2000update.pdf; and
“Guidance on Aggregation and Allocation of Multiple Race Responses for Use in Civil Rights Monitoring and
Enforcement”. OMB Bulletin No. 00-02. March 9, 2000. http://www.whitehouse.gov/omb/bulletins_b00-02/.
61 “Guidance on Aggregation and Allocation of Multiple Race Responses for Use in Civil Rights Monitoring and
Enforcement”. OMB Bulletin No. 00-02. March 9, 2000. http://www.whitehouse.gov/omb/bulletins_b00-02/.
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appropriate precision for small subpopulations. Sample size also influences the level of analysis
that can be conducted. For example, larger sample sizes may be needed to study a specific
medical condition among subgroups of a population. Some surveys use oversampling to increase
the precision of subpopulation estimates. Other times, data from multiple years are combined to
produce stable estimates. The need for and size of a sample is tied, in part, to the cost of the data
collection effort.
Current law requires the evaluation of data collection approaches under Medicare that facilitate
the collection and evaluation of disparities data. In addition, the Secretary is required to develop
reports for Congress identifying best approaches for the collection of disparities data and
recommending ways to improve the care delivered to Medicare beneficiaries based on the
analysis of disparities data.
Sec. 4302. Understanding Health Disparities: Data Collection and Analysis
This section would add a new PHSA Title XXXI, Data Collection and Analysis. New Sec. 3101
would require the Secretary to establish procedures to ensure that all data collected on race,
ethnicity, sex, and primary language by any federally conducted or supported health care or
public health program does so in compliance with OMB directives and guidance.
Sec. 3101 would require that federally funded population surveys collect sufficient data relating
to race, ethnicity, sex, primary language, and type of disability to generate statistically reliable
estimates in studies comparing health disparities among populations. It would ensure that quality
reporting requirements under federal health care programs would include the collection of data on
individuals receiving health care items or services under these programs by race, ethnicity, sex,
primary language, and type of disability.
Sec. 3101 would further require the Secretary to develop OMB-compliant standards for the
collection of data on race, ethnicity, sex, primary language, and disability status. It would also
mandate that the Secretary survey health care providers to identify where people with disabilities
receive primary, acute and long-term care; the number of providers with accessible facilities and
equipment (according to criteria set forth in Sec. 510 of the Rehabilitation Act of 1973); and the
number of health care professionals trained in disability awareness and in caring for patients with
disabilities.62
The Secretary, working through the National Coordinator for Health Information Technology,
would be required to develop national interoperability and security standards for the management
of the aforementioned data.
Sec. 4302 would require the Secretary to establish procedures for sharing data collected under a
federal health care or insurance program on race, ethnicity, gender, primary language, and type of
disability, and relevant analyses of such data, with other federal and state agencies, as well as
agencies within HHS. This section would also require the Secretary to ensure all appropriate
62 This section would apply to any Federal health care program, funded directly, in whole or in part, by the United
States Government, as well as state health care programs (Title XIX, Medicaid; Title V, the Maternal Child Health
Services Block Grant program; Title XX, block grants to states for social services; Title XXI, Children’s Health
Insurance Program). It would apply to any plan or program that provides health benefits, whether directly, through
insurance, or otherwise.
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privacy and security safeguards are followed for the collection, analysis, and sharing of these
data.
This provision would also ensure that any federally funded data which are col1ected regarding
race and ethnicity include underserved rural and frontier populations.
A new SSA Sec. 1946, Addressing Health Care Disparities, would require the Secretary to
evaluate approaches for the collection of data that allow for the collection and evaluation of data
on health care disparities. In conducting this evaluation, the Secretary would be required to
consider several objectives, including protecting patient privacy, minimizing the administrative
burden of data collection and reporting, and improving program data on race, ethnicity, sex,
primary language, and type of disability. This new section would require the Secretary to submit a
report on the evaluation of data collection methodologies conducted pursuant to this section, and
would include approaches for identifying, collecting, and evaluating health disparities data under
Medicaid and CHIP. The Secretary would also be required to submit a series of reports that would
include recommendations for improving the identification of health disparities for Medicaid and
CHIP beneficiaries and then implement the most promising data collection approaches identified
by these reports within 24 months of the enactment of this Act.
The new SSA Sec. 1946 would require the Secretary to report data and analyses on race,
ethnicity, sex, primary language, and disability, which were collected or conducted using federal
funding by posting them on publically available HHS websites and/or by disseminating them
using other mechanisms deemed appropriate by the Secretary.
The provision would authorize the appropriation of SSAN for FY2010 through FY2014for the
purpose of carrying out Sec. 4302.
Sec. 10334. Office of Minority Health
This section would amend PHSA Sec. 1707, elevating the existing Office of Minority Health
(“the Office”) within the HHS Office of Public Health and Science by placing it within the Office
of the Secretary. The Office would be headed by a Deputy Assistant Director for Minority Health
(DAD) who would report directly to the Secretary. The Secretary, acting through the DAD, would
be required to award grants, contracts, and enter into certain types of agreements with certain
types of entities to assure improved health status of racial and ethnic minorities, and to develop
measures to evaluate the effectiveness of activities aimed at reducing health disparities and
supporting the local community, as specified. The Secretary would be required to prepare and
submit biennial reports to appropriate congressional committees describing the activities carried
out under PHSA Sec. 1707. A similar requirement would be placed on HHS agency heads,
regarding their respective Offices of Minority Health, which would be required to be created as
described below. The section would authorize the appropriation of SSAN for each of FY2011
through FY2016 for the Office.
The section also would add a new PHSA Sec. 1707A, requiring each of the heads of CDC,
HRSA, SAMHSA, AHRQ, FDA, and CMS to create an Office of Minority Health within their
respective agency. Each office’s director would be appointed by and report directly to the agency
head. The Secretary would be required to designate as specified, for carrying out the activities of
the section, an appropriate amount of funds appropriated for each agency for a fiscal year.
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Finally, the section would amend PHSA Title IV, redesignating the National Center on Minority
Health and Health Disparities as an Institute. It would expand the Institute Director’s authority to
make research endowments to include those made to certain centers of excellence for research
education and training. It would change eligibility requirements for centers eligible to receive
certain endowments, making the calculation based upon the national median of endowment funds.
The section would require the Director of the Institute, as the primary federal official responsible
for coordinating all research and activities conducted and supported by NIH on minority health
and health disparities, to plan, coordinate, review and evaluate research and other activities
conducted or supported by NIH’s Centers and Institutes.
Health Information Technology
HIPAA Administrative Simplification
To promote the growth of electronic record keeping and claims processing in the nation’s health
care system, HIPAA’s Administrative Simplification provisions (SSA Secs. 1171-1179) instructed
the Secretary to adopt electronic format and data standards for nine specified administrative and
financial transactions between health care providers and health plans. Those transactions include
patient eligibility inquiry and response, reimbursement claims, claims status inquiry and response,
and payment and remittance advice. In addition, HIPAA directed the Secretary to adopt a standard
for transferring standard data elements among health plans for the coordination of benefits and
the sequential processing of claims. In 2000, CMS issued an initial set of standards for seven of
the nine transactions and for the coordination of benefits. As required under HIPAA, the Secretary
published updated standards in early 2009 to replace the versions currently is use. The
compliance deadline for the updated standards is January 1, 2012.
The health care payment and remittance advice transaction is a communication from a health plan
to a provider that includes an explanation of the claim and payment for that claim. The HIPAA
standard for this transaction can accommodate an electronic funds transfer (EFT), in which
payment is electronically deposited into a designated bank account. EFT is common in the health
care sector—health plan contracts often require it—but there is no EFT mandate in federal law for
Medicare, Medicaid, or private health insurance. In September 2005, CMS proposed a standard
for health care claims attachments, one of the two remaining transactions standards that must be
adopted. A claims attachment transaction is used to request and provide additional clinical data
necessary to adjudicate a claim.
HIPAA does not mandate that providers conduct the transactions electronically, though health
plans increasingly require it. However, providers that elect to submit one or more of the HIPAA
transactions electronically must comply with the standard for those transactions. In 2001,
Congress enacted the Administrative Simplification Compliance Act, which mandated that
Medicare claims be submitted electronically in the HIPAA standard format, with the exception of
those from small providers and in other limited circumstances.
The HIPAA electronic transactions standards, which are the result of a consensus-based
development process, include optional data/content fields that can accommodate plan-specific
information. Providers often are faced with a multiplicity of companion guides and plan-specific
requirements and must customize transactions on a plan-by-plan basis.
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HIPAA instructed the Secretary to adopt unique identifiers for health care providers, health plans,
employers, and individuals for use in standard transactions. Unique identifiers for providers and
employers have been adopted, while the health plan identifier is still under review. Congress has
blocked the development of a unique individual identifier through language added to the annual
Labor-HHS appropriations bill.
Sec. 1104. Administrative Simplification
This section would amend SSA Sec. 1173 to establish a timeline for the development, adoption
and implementation of a single set of operating rules for each HIPAA transaction for which there
is an existing standard, with the goal of creating as much uniformity in the implementation and
use of the transactions standards as possible. The standards and associated operating rules would
be required to meet certain requirements. They would have to (1) enable determination of an
individual’s eligibility and financial responsibility for specific services prior to or at the point of
care; (2) be comprehensive, requiring minimal augmentation with paper; and (3) provide for
timely acknowledgment, response, and status reporting that supports a transparent claims and
denial management process. Operating rules are defined as the necessary business rules and
guidelines for the electronic exchange of information that are not defined by the electronic
standards themselves. In adopting the operating rules, the Secretary would be required to consider
the recommendations of a qualified nonprofit entity that uses a multi-stakeholder, consensus-
based process for developing such rules. Also, the section would add EFT for the payment of
health claims as a HIPAA transaction and require the Secretary to adopt an EFT standard no later
than January 1, 2012, to take effect by January 1, 2014.
Operating rules for eligibility and health claims status transactions would have to be adopted by
July 1, 2011, and take effect by January 1, 2013. Operating rules for claims payment/remittance
and EFT would have to be adopted by July 1, 2012, and take effect by January 1, 2014. The
Secretary would have to adopt operating rules for the remaining HIPAA transactions (i.e., health
claims, plan enrollment and disenrollment, health plan premium payments, and prior
authorization and referral) by July 1, 2014, to take effect by January 1, 2016. The Secretary also
would have to establish a committee to biennially review and provide recommendations for
updating and improving the HIPAA standards and operating rules.
By December 31, 2013, health plans would be required to file a certification statement with the
Secretary that their data and information systems comply with the most current published
standards and associated operating rules, for the following transactions: eligibility, health claims
status, claims payment/remittance and EFT. By December 31, 2015, health plans would be
required to certify to the Secretary that their data and information systems comply with the most
current published standards and operating rules for the remaining completed HIPAA transactions.
The Secretary would be permitted to designate an outside entity to verify that health plans have
met the certification requirements and would have to conduct periodic audits of plans to ensure
that they maintain compliance with the standards and operating rules. The section would require
the Secretary, no later than April 1, 2014, and annually thereafter, to assess a penalty fee against
health plans that fail to meet the certification requirements. The Secretary of the Treasury, acting
through the Financial Management Service, would be responsible for the collection of penalty
fees. Unpaid penalty fees would be increased by an interest payment determined in a manner
similar to underpayment of income taxes and would be considered debts owed to federal
agencies, which may offset and reduce the amount of tax refunds otherwise payable to a health
plan.
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The section would require the Secretary to issue a rule to establish a unique health plan identifier.
The Secretary would be permitted to issue an interim final rule, which would take effect no later
than October 1, 2012. In addition, the Secretary would be required to adopt a transaction standard
and single set of associated operating rules for health claims attachments no later than January 1,
2014, to take effect by January 1, 2016.
In addition to the above provisions, the section would amend SSA Sec. 1862(a) to require that as
of January 1, 2014, no Medicare payment would be made for benefits delivered under Part A or
Part B other than by EFT or an electronic remittance in a form specified in the HIPAA
payment/remittance advice standard.
Sec. 1561. Standards for Enrollment in Federal and State Programs
This section would add a new PHSA Title XXX, Subtitle C, comprising Sec. 3021. The
Secretary, within 180 days of enactment and in consultation with the HIT Policy Committee and
the HIT Standards Committee, would be required to develop interoperable and secure standards
that facilitate enrollment of individuals in federal and state health and human services programs.
The standards and protocols would have to allow for the following functions: (1) electronic
matching against existing federal and state data that provide evidence of eligibility; (2)
simplification and submission of electronic documentation, digitization of documents, and
systems verification of eligibility; (3) reuse of stored eligibility information; (4) capability of
individuals to manage their eligibility information online; (5) ability to expand the enrollment
system to integrate new programs; (6) notification, including by e-mail and phone, of eligibility,
recertification, and other information regarding eligibility; and (7) other functionalities to
streamline the enrollment process. The Secretary would be required to notify states upon approval
of the standards and protocols and would be authorized to require that states and other entities
incorporate such standards and protocols as a condition of receiving federal HIT funds.
The Secretary would be required to award grants to states and localities to develop new or
upgrade existing IT systems to implement the enrollment standards and protocols. Eligible
grantees would be required to submit an adoption and implementation plan that includes, among
other things, demonstrated collaboration with other grantees. The Secretary also would be
required to ensure that the enrollment IT adopted by grantees be shared at no cost to other
qualified states, localities, and others.
Emergency Care
Background and Issues
PHSA Title XII authorizes the Secretary, acting through HRSA, to fund trauma care research,
training, evaluations, and demonstration projects. Title XII, Part A, comprising Secs. 1201-1203,
authorizes the Secretary to fund research and demonstration projects for improving trauma care in
rural areas, and to award grants to states to develop and improve trauma care systems. Part B,
comprising Secs. 1211-1222, mandates a state formula grant program for modifying and
strengthening the trauma care component of states’ plans for emergency medical services. Part D,
comprising Secs. 1241-1245, authorizes grants to trauma centers operating in areas severely
affected by drug-related violence that have incurred substantial costs for providing
uncompensated care.
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Many trauma experts consider the first 60 minutes after an injury to be a so-called “golden hour”
when trauma care is most effective in saving lives. Given that the risk of death for severely
injured patients rises significantly after one hour, trauma systems strive to offer access within that
time period, from receipt of the initial emergency call to arrival at a trauma center. The
geographic distribution of trauma centers varies widely across states and regions. Many areas of
the country are not well served by trauma centers, while other areas may have a surplus of
centers, possibly leading to inefficiencies, lower patient volumes per center, and reduced quality
of care. More than 84% of U.S. residents can reach a level I or II trauma center within an hour,
but access lags in rural areas.63
Sec. 3504. Regionalized Systems for Emergency Care
This section would amend PHSA Sec. 1203, which provides grants to states and localities to
improve access to and enhance the development of trauma care systems, by modifying the section
heading to read “Competitive Grants for Trauma Systems for the Improvement of Trauma Care”
and by transferring administration of the program from HRSA to the Assistant Secretary for
Preparedness and Response.
In addition, the section would add a new PHSA Sec. 1204, requiring the Secretary, acting through
the Assistant Secretary for Preparedness and Response, to award no fewer than four multiyear
contracts or competitive grants for pilot projects to improve regional coordination of emergency
services. Funding would be awarded to eligible entities (including states and Indian tribes) that
propose a pilot project to design, implement, and evaluate certain emergency medical and trauma
systems. Grants would have to be matched, cash or in-kind, at a rate of $1 for every $3 of federal
funds, and priority would be given to entities in medically underserved areas. Within 90 days of
completing a pilot project, the grantee would be required to submit to the Secretary a detailed
evaluation of the program’s characteristics and impact. The Secretary would be required, as
appropriate, to disseminate that information to the public and to Congress. In addition, the section
would authorize to be appropriated for Title XII Parts A and B trauma care grant programs $24
million for each of FY2010 through FY2014, and would transfer authority for administering those
grants and related authorities to the Assistant Secretary for Preparedness and Response.
Finally, the section would add a new PHSA Sec. 498D, directing the Secretary to expand and
accelerate basic science, translational and service delivery research on emergency medical care
systems and emergency medicine, including pediatric emergency medical care. The Secretary
also would be required to support research on the economic impact of coordinated emergency
care systems. There would be authorized to be appropriated SSAN for each of FY2010 through
FY2014 to carry out the new section.
Sec. 3505. Trauma Care Centers
This section would amend PHSA Secs. 1241-1245 by replacing the existing language with the
following new provisions. Sec. 1241 would require the Secretary to establish three programs to
award grants to qualified public, nonprofit Indian Health Service, Indian tribal, and urban Indian
trauma centers to (1) help defray substantial uncompensated care costs, (2) further the core
63 Charles C. Branas, No Time to Spare: Improving Access to Trauma Care, University of Pennsylvania, Leonard
David Institute of Health Economics, September 2005, http://www.upenn.edu/ldi/issuebrief11_1.pdf.
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missions of such centers, and (3) provide emergency relief to ensure the continued availability of
trauma services. In states with a trauma care system, a trauma center would not be eligible for a
grant unless it is part of the trauma care component of the state plan for the provision of
emergency care services. The maximum grant amount would be $2 million per fiscal year.
To receive a substantial uncompensated care grant, qualified trauma centers would be categorized
based on the percentage of emergency department visits that were charity, self-pay, and Medicaid
patients. Trauma centers in each category would be eligible for grants up to some specified
percentage of their uncompensated care costs. For example, category A centers—those with
highest percentage of charity or self-pay patient visits—would be eligible for grants covering
100% of their uncompensated care costs. The Secretary would also award core mission grants to
certain qualified trauma centers, and make emergency grant awards.
Funding allocated for core mission grants would be distributed among the different levels of
trauma centers, as specified. Preference in awarding emergency relief grants would be given to
applications from trauma centers in areas in which the availability of trauma care is declining or
would significantly decrease if the center was forced to scale back or close. The Secretary would
be authorized to require that grantees (1) maintain access to trauma care services at comparable
levels to the prior year during the grant program and (2) provide data to a national and centralized
registry of trauma cases, in accordance with American College of Surgeons (ACS) guidelines.
The section would authorize to be appropriated $100 million for FY2009 and SSAN for each of
FY2010 through FY2015 to carry out the three grant programs. Seventy percent of the total
amount appropriated for a fiscal year would be for substantial uncompensated care awards unless
the appropriation was less than $25 million, in which case all the funding would be used for such
awards. The Secretary would be required to submit a biennial report to Congress on the status of
the grant programs.
Additionally, this section would add a new PHSA Sec. 1281, requiring the Secretary to award
grants to states for the purpose of supporting trauma-related physician specialties and broadening
access to and availability of trauma care services. Distribution of grant funds among the states
would be based on the program’s annual appropriation level. The lower the appropriation amount,
the more the distribution of funds would be restricted to those states with trauma centers that
provide a substantial amount of uncompensated care. If the appropriation was less than $10
million, the lowest amount specified, then the funds would be distributed among only those states
with one or more category A centers. There would be authorized to be appropriated $100 million
for each of FY2010 through FY2015 to provide for the state grants.
Sec. 5603. Emergency Medical Services for Children
This section would amend PHSA Sec. 1910, which authorizes demonstration grants to expand
emergency services for children, to lengthen the grant period to four years (with an optional fifth
year). It also would authorize $25 million for the program for FY2010, $26.3 million for FY2011,
$27.6 million for FY2012, $28.9 million for FY2013, and $30.4 million for FY2014.
Pain Care and Management
Under general authorities in PHSA Title III and Title IV, NIH established the Pain Consortium to
enhance pain research and promote collaboration among researchers across various NIH Institutes
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and Centers that have programs and activities addressing pain. In addition, PHSA Sec. 403
requires the NIH Director to submit to the President and Congress a biennial report that includes,
among other things, a summary of the research activities throughout the agency organized by
category; the chronic disease category includes pain and palliative care. The bill includes the
following section that would address pain research and education for the purposes of recognizing
pain as a national public health problem and would establish a health professionals training
program in pain care.
Sec. 4305. Advancing Research and Treatment for Pain Care Management
This section would require the Secretary to seek an agreement with the IOM (or another
appropriate entity if the IOM declines) to convene a Conference on Pain, no later than one year
after the appropriation of funds, for the purposes of increasing the recognition of pain as a
significant public health problem in the United States, among other purposes. It also would
require a report summarizing the Conference’s findings to be submitted to Congress. For the
purpose of carrying out this section, the bill would authorize to be appropriated SSAN for each of
FY2010 and FY2011.
This section would add a new PHSA Sec. 409J to Title IV, Part B, which would encourage the
NIH Director to continue and expand an aggressive program of research on the causes of and
potential treatment for pain through the Pain Consortium. The Pain Consortium, no less than
annually, would develop and submit to the NIH Director recommendations on appropriate pain
research initiatives that could be undertaken with funds reserved under the NIH Common Fund or
otherwise available for such initiatives. The Secretary also would be required to establish, no later
than one year after enactment, and as necessary maintain, the Interagency Pain Research
Coordinating Committee to coordinate all efforts within HHS and other federal agencies that
relate to pain research, among other duties.
This section would add a new PHSA Sec. 759 to Title VII, Part D, authorizing the Secretary to
establish a program to train health professionals in pain care. The Secretary could fund health
professions schools, hospices, and other entities for the development and implementation of
education and training programs to health care professionals in pain care. Award applicants would
be required to agree to include information and education on the following topics: (1) recognized
means for assessing, diagnosing, treating, and managing pain and related signs and symptoms; (2)
applicable laws, regulations, rules, and policies on controlled substances; (3) interdisciplinary
approaches to the delivery of pain care; (4) cultural, linguistic, literacy, geographic, and other
barriers to care in underserved populations; and (5) recent findings, developments, and
improvements in the provision of pain care. The Secretary would also be required to provide for
an evaluation of the implemented programs. For the purposes of carrying out this section, there
would be authorized to be appropriated SSAN for each of FY2010 through FY2012 with amounts
remaining available until expended.
Elder Justice
Background and Issues
Abuse, neglect, and exploitation of older individuals in domestic and institutional settings, such
as nursing homes, affects hundreds of thousands of older Americans every year, according to
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national experts. Precisely how many older individuals are mistreated by someone on whom they
depend for care or protection is unknown. Efforts to collect data on elder abuse, neglect, and
exploitation at the national level are hampered by the variation in state statutory definitions of
elder abuse that make it difficult to identify actions that constitute abuse and neglect and by the
absence of a uniform reporting system across states. The most recent study to estimate the
occurrence of elder abuse and neglect nationally, concluded that about 450,000 persons age 60 or
older experienced abuse or neglect in domestic settings in 1996.64 In 2003, a National Research
Council Study estimated that between 1 and 2 million Americans age 65 and older had been
injured, exploited, or mistreated.65 Other evidence and anecdotal reports indicate that the problem
is serious and that many incidents are never reported.66
Congress has taken a number of modest steps towards addressing elder justice, including federal
assistance to state Adult Protective Services programs through the Social Security Block Grant
and amendments to the Older Americans Act (OAA) to provide separate funding for elder abuse
prevention and vulnerable elder rights protection activities, including establishment of the Long-
Term Care Ombudsman Program. While Congress has enacted comprehensive legislation to
address child abuse and neglect (P.L. 93-247, Child Abuse Prevention and Treatment Act) and
domestic violence (P.L. 103-322, Violence Against Women’s Act), legislation addressing abuse,
neglect, and exploitation of the elderly at a national level has not been enacted.
The Elder Justice Act, first introduced in 2002 and periodically since that time, represents an
effort to produce a coordinated federal effort with a multidisciplinary approach that combines law
enforcement, public health, and social services to combat abuse, neglect, and exploitation of the
elderly. Some provisions regarding elder justice were incorporated in the 2006 reauthorization of
the OAA (P.L. 109-365). Other provisions from the Elder Justice Act of 2009 (S. 795) have been
incorporated into H.R. 3590, as passed by the Senate.
Sec. 6703. Elder Justice
This section includes the following provisions divided into three subsections: (a) elder justice
provisions amended to Title XX of the SSA; (b) various provisions related to protecting residents
of long-term care facilities; and (c) establishing a national nurse aide registry.
Elder Justice
Subsection (a) of Sec. 6703 would amend Title XX of the SSA to insert new Elder Justice
provisions to a newly entitled Block Grants to States for Social Services and Elder Justice. This
subsection would insert a new Subtitle A—Block Grants to States for Social Services before SSA
Sec. 2001 and add new sections with various Elder Justice provisions under a new Subtitle B—
Elder Justice. The Elder Justice provisions under Subtitle B would be composed of two parts: Part
64 National Center on Elder Abuse at American Public Human Services Association, National Elder Abuse Incidence
Study, prepared for the U.S. Department of Health and Human Services. The Administration for Children and Families
and the Administration on Aging, Washington, DC, 1998.
65 Richard J. Bonnie and Robert B. Wallace, eds., Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging
America, National Research Council of the National Academies, National Academy Press, Washington, DC, 2003.
66 Richard J. Bonnie and Robert B. Wallace, eds., Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging
America, National Research Council of the National Academies, National Academy Press, Washington, DC, 2003.
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I—National Coordination of Elder Justice Activities and Research and Part II—Programs to
Promote Elder Justice.
Part I—National Coordination of Elder Justice Activities and Research
The proposed Title XX, Subtitle B, Part I would be divided into two subparts—Subpart A would
establish an Elder Justice Coordinating Council and Advisory Board on Elder Abuse, Neglect,
and Exploitation comprised of new SSA Secs. 2021-2024; Subpart B would add a new Sec. 2031
awarding grants to establish and operate stationary and mobile forensic centers. These sections
and activities are described in further detail below.
Subpart A—Elder Justice Coordinating Council and Advisory Board on Elder Abuse,
Neglect, and Exploitation. Subpart A would add a new Sec. 2021, Elder Justice Coordinating
Council, establishing such a Council in the Office of the Secretary. The Council would include
the Secretary who would chair the Council and the U.S. Attorney General as well as the head of
each federal department or agency, identified by the Chair, as having administrative responsibility
or administering programs related to elder abuse, neglect, and exploitation. The Council would be
required to make recommendations to the Secretary regarding coordination of activities of HHS,
DoJ, and other relevant federal, state, local, and private agencies and entities, relating to
prevention of elder abuse, neglect, and exploitation and other crimes against elders. The Council
would be required to submit a report to the appropriate committees of Congress within two years
of enactment and every two years thereafter that describes its activities and challenges; and make
recommendations for legislation, model laws, and other actions deemed appropriate. There would
be authorized to be appropriated SSAN to carry out the Council’s functions.
Subpart A would also add a new Sec. 2022, Advisory Board on Elder Abuse, Neglect, and
Exploitation, establishing an Advisory Board to create a short- and long-term multidisciplinary
plan for development of the field of elder justice and make recommendations to the Elder Justice
Coordinating Council. The Advisory Board would be composed of 27 members from the general
public appointed by the Secretary to serve for staggered three-year terms, and must have
experience and expertise in prevention of elder abuse, neglect, and exploitation. The Advisory
Board would be required to develop collaborative approaches to improving the quality of LTC
and to establish multidisciplinary panels to address these subjects by examining relevant research
and identifying best practices, among other things. The Advisory Board would be required to
submit a report to the Elder Justice Coordinating Council and the appropriate committees of
Congress within 18 months of enactment and annually thereafter that contains information on the
status of federal, state, and local elder justice activities; and make specified recommendations.
There would be authorized to be appropriated SSAN to carry out the functions of the Advisory
Board.
The proposed Subpart A would add a new Sec. 2023, Research Protections, requiring the
Secretary to promulgate guidelines to assist researchers working in the areas of elder abuse,
neglect, and exploitation with issues relating to human subjects protections. For the purposes of
the application of certain specified federal regulations to research conducted under Subpart A it
would define “legally authorized representative” to mean, unless otherwise provided by law, the
individual, or judicial or other body authorized under the applicable law to consent to medical
treatment on behalf of another person.
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To carry out the functions under the proposed Subpart A, a new Sec. 2024, Authorization of
Appropriations, would authorize to be appropriated $6.5 million for FY2011, and $7.0 million for
each of FY2012 through FY2014.
Subpart B—Elder Abuse, Neglect, Exploitation Forensic Centers. Subpart B would add a new
Sec. 2031, Establishment and Support of Elder Abuse, Neglect, and Exploitation Forensic
Centers, requiring the Secretary, in consultation with the U.S. Attorney General, to award grants
to eligible entities to establish and operate both stationary and mobile forensic centers and to
develop forensic expertise pertaining to elder abuse, neglect, and exploitation. Funding would be
authorized for the centers to (1) develop forensic markers that would determine whether abuse or
neglect occurred and whether a crime was committed, and determine methodologies for how and
when intervention should occur; (2) develop forensic expertise with respect to elder abuse,
neglect, and exploitation in order to provide relevant evaluation, intervention, support and
advocacy, case review and tracking; and (3) in coordination with the U.S. Attorney General, use
data made available by grant recipients under this section to develop the capacity of geriatric
health care professionals and law enforcement to collect forensic evidence. It would authorize to
be appropriated $4 million in FY2011, $6 million in FY2012, and $8 million for each of FY2013
and FY2014 to carry out these activities.
Part II—Programs to Promote Elder Justice
The proposed Title XX, Subtitle B, Part II would establish several grant programs and other
activities to promote elder justice. These provisions would be established in the following new
Secs. 2041- 2046 and are described below.
Sec. 2041. Enhancement of Long-Term Care. The section would require the Secretary, in
coordination with the Secretary of Labor, to carry out activities that provide incentives for
individuals to train for, seek, and maintain employment providing direct care in LTC. The
Secretary would be required to award grants to eligible entities to conduct programs that offer
direct care employees continuing training and varying levels of certification. Grants would also
be used to provide for or make arrangements with employers to pay bonuses, or other increased
compensation or benefits, to employees who obtain certification. The Secretary would also be
required to award grants to eligible entities for training and technical assistance regarding
management practices using methods that are demonstrated to promote retention. The Secretary
would be required to develop accountability measures to ensure that funded activities under this
subsection benefit direct care workers and increase the stability of the LTC workforce.
The Secretary would also be authorized to make grants to LTC facilities for specified activities
that would assist such entities in offsetting costs related to purchasing, leasing, developing, and
implementing certified EHR technology designed to improve patient safety and reduce adverse
events and health care complications resulting from medication errors. A LTC facility that
receives a grant would be required, where available, to participate in state health exchange
activities conducted by a state or qualified entity under PHSA Sec. 3013, regarding state grants to
promote HIT, to coordinate care and for other purposes the Secretary determines appropriate. The
Secretary would be required to develop accountability measures to ensure that these activities
help improve patient safety and reduce adverse events and health care complications resulting
from medication errors.
The Secretary would be required to adopt electronic standards for the exchange of clinical data by
LTC facilities to the Secretary. The standards adopted would have to be compatible with
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standards established under current law, as specified, and with general HIT standards. Within 10
years after the date of the proposed law’s enactment, the Secretary would be required to have
procedures in place to accept the optional electronic submission of clinical data by LTC facilities.
The Secretary would be required to promulgate regulations to carry out the adoption of standards
for transactions involving clinical data by LTC facilities. Such regulations would require a state,
as a condition of the receipt of funds under Part II, to conduct such data collection and reporting
as the Secretary determines necessary.
It would authorize to be appropriated $20 million for FY2011, $17.5 million for FY2012, and $15
million for each of FY2013 and FY2014 to carry out the activities under this section.
Sec. 2042. Adult Protective Service Functions and Grant Program. The section would require
the Secretary to ensure that the Department (1) provides authorized funding to state and local
adult protective services (APS) offices that investigate reports of elder abuse, neglect, and
exploitation of elders; (2) collects and disseminates data in coordination with DoJ; (3) develops
and disseminates information on best practices regarding, and provides training on, carrying out
APS; (4) conducts research related to the provision of APS; and (5) provides technical assistance
to states and other entities that provide or fund APS. To carry out these functions, the section
would authorize to be appropriated $3 million for FY2011, and $4 million for each of FY2012
through FY2014.
The section would also require the Secretary to establish two grant programs. The first would
award annual grants to enhance APS programs provided by states and local governments. The
second would award grants to states for APS demonstration programs. Annual grants awarded to
states to enhance APS programs would be distributed to states based on a formula that takes into
account the number of individuals aged 60 or older residing in a state relative to the total U.S.
population aged 60 or older. States would receive no less than 0.75% of the grant program’s
annual appropriation. The District of Columbia and U.S. territories would receive no less than
0.1% of the annual appropriation. In order to comply with these minimum amounts, the Secretary
would be required to make pro rata reductions in allotments. Grant awards for APS demonstration
programs may be used by state and local governments to test: training modules developed for the
purpose of detecting or preventing elder abuse; methods to detect or prevent financial exploitation
and elder abuse; whether training on elder abuse forensics enhances the detection of abuse by
employees of state or local government; and other related matters. For each of FY2011 through
FY2014, it would authorize to be appropriated $100 million for annual grants to enhance APS
programs and $25 million for the APS demonstration grants.
Sec. 2043. Long-Term Care Ombudsman Program Grants and Training. The section would
require the Secretary to award grants to eligible entities with relevant expertise and experience in
abuse and neglect in LTC facilities or state LTC ombudsman programs to (1) improve the
capacity of state LTC ombudsman programs to respond to and resolve abuse and neglect
complaints; (2) conduct pilot programs with state or local LTC ombudsman offices; and (3)
provide support for such state LTC ombudsman programs and such pilot programs. The provision
would authorize to be appropriated $5 million for FY2011, $7.5 million for FY2012, and $10
million for FY2013 and FY2014. The provision would also require the Secretary to establish
programs to provide and improve ombudsman training with respect to elder abuse, neglect, and
exploitation for national organizations and state LTC ombudsman programs. The provision would
authorize to be appropriated $10 million for each of FY2011 through FY2014.
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Sec. 2044. Provision of Information Regarding, and Evaluation of, Elder Justice Programs.
To be eligible to receive a grant under Part II, the section would require an applicant to (1) agree
to provide the required information to eligible entities conducting an evaluation of the activities
funded through the grant; and (2) in the case of an applicant for a certified EHR technology grant,
to provide the Secretary with such information as the Secretary may require. It would require the
Secretary to reserve a portion of the funds appropriated in each program under Part II (no less
than 2%) to be used to provide assistance to eligible entities to conduct validated evaluations of
the effectiveness of the activities funded under each program under Part II. This provision would
not apply to the certified EHR technology grant program, instead the Secretary would be required
to conduct an evaluation of the activities funded under this grant program and appropriate grant
audits.
Sec. 2045. Report. No later than October 1, 2014, the section would require the Secretary to
submit a report to the Elder Justice Coordinating Council and the appropriate committees of
Congress compiling, summarizing and analyzing state reports submitted under the APS grant
programs and recommendations for legislative or administrative action, as the Secretary
determines appropriate.
Sec. 2046. Rule of Construction. The section states that nothing in Subtitle B would be
construed as (1) limiting any cause of action or other relief related to obligations under this
subtitle that are available under the state law; or (2) creating a private cause of action for a
violation of this subtitle. The section would also amend SSA Sec. 402(a)(1)(B) to require a state’s
TANF state plan to indicate whether the state intends to assist individuals to train for, seek, and
maintain employment providing direct care in a LTC facility or in other occupations related to
elder care. States that add this option would be required to provide an overview of such
assistance. The amendment would take effect on January 1, 2011.
Protecting Residents of Long-Term Care Facilities
Subsection (b) of Sec. 6703 would establish (1) a National Training Institute for Surveyors and
grants to state survey agencies; and (2) requirements for reporting crimes in federally funded LTC
facilities.
Specifically, this subsection would require the Secretary to enter into a contract to establish and
operate the National Training Institute for federal and state surveyors to carry out specified
activities that provide and improve the training of surveyors investigating allegations of abuse,
neglect, and misappropriation of property in programs and LTC facilities that receive payments
under Medicare or Medicaid. It would authorize to be appropriated $12 million for each of
FY2011 through FY2014 to carry out these activities. The HHS Secretary would also be required
to award grants to state survey agencies that perform surveys of Medicare or Medicaid
participating facilities to design and implement complaint investigation systems. It would
authorize $5 million for each of FY2011 through FY2014 to carry out these activities.
This subsection would also amend SSA Title XI, Part A (as amended by Sec. 6005 of the bill) by
adding the following new section, Reporting to Law Enforcement of Crimes Occurring in
Federally Funded Long-Term Care Facilities, with a new Sec. 1150B requiring the reporting of
crimes occurring in federally funded LTC facilities that receive at least $10,000 during the
preceding year. It would require the owner or operator of these facilities to annually notify
covered individuals (defined as an owner, operator, employee, manager, agent, or LTC facility
contractor) that they are required to report any reasonable suspicion of a crime against a resident
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or individual receiving care from the facility. Suspected crimes would have to be reported to the
Secretary and one or more law enforcement entities. The timing for reporting suspected crimes
would be subject to certain reporting requirements. Failure of a covered individual to report
suspicion of a crime would result in a civil money penalty and the Secretary may make a
determination to exclude the covered individual from participation in any federal health care
program. If an individual is classified as an “excluded individual,” a LTC facility that employs
them would not be eligible to receive federal funds under the SSA. The Secretary would be
authorized to take into account the financial burden on providers with underserved population in
determining any penalty to be imposed. A LTC facility would be prohibited from retaliating
against an employee for making a report. If retaliation occurred, the LTC facility would be subject
to a civil money penalty or the Secretary could exclude them from participation in any federal
health care program for a period of two years, or both. In addition, each LTC facility would be
required to post conspicuously, in an appropriate location, a sign specifying the rights of
employees under this section.
National Nurse Aide Registry
Subsection (c) of Sec. 6703 would require the Secretary, in consultation with appropriate
government agencies and private sector organizations, to conduct a study on establishing a
national nurse aide registry. The study would include an evaluation of (1) who should be included
in the registry; (2) compliance with federal and state privacy laws; and (3) how data would be
collected, among other things. In conducting the study and preparing the report, the Secretary
would be required to take into consideration the findings and conclusions of relevant reports and
resources. No later than 18 months after the date of enactment, the Secretary would be required to
submit a report to the Elder Justice Coordinating Council and appropriate congressional
committees containing the findings and recommendations of the study. Based on the
recommendations contained in the report, the appropriate congressional committees would be
required to take action as determined appropriate. It would authorize to be appropriated SSAN to
carry these activities, with funding for the study not to exceed $500,000.
Food and Drug Administration
Background and Issues
The Food and Drug Administration (FDA) is responsible for the safety of most foods, as well as
the safety and the effectiveness of human drugs, biologics (e.g., vaccines, blood, and blood
components), and medical devices, among other things.67 FDA’s regulation of medical products
affects aspects of the cost, quality, and accessibility of health care. Medical products comprise a
large percentage—over 15%—of health care costs.68 The products’ effectiveness, which FDA
67 For further information about FDA, see CRS Report RS22946, Food and Drug Administration (FDA): Overview and
Issues, by Erin D. Williams.
68 This percentage is based upon the CMS data from 2007. It was generated by dividing $289 billion (Retail Outlet
Sales of Medical Products) by $1,878 billion (Personal Health Care). The number does not reflect all of the costs of
FDA regulated medical products associated with health care spending, because it does not include those purchased by
hospitals (such as pacemakers and other implantable devices), dentists offices (such as fillings), or other health care
facilities. “Table 4 - National Health Expenditures, by Source of Funds and Type of Expenditure: Calendar Years 2002
- 2007,” CMS website, at http://www.cms.hhs.gov/NationalHealthExpendData/downloads/tables.pdf.
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evaluates, is a major component of health care quality. Their availability to consumers, which
FDA regulates, is one component of access to health care. In the context of health care, adding
regulatory requirements may increase the quality of medical products that reach the market, but
may also raise the cost of those products or delay consumer access to them. FDA’s regulation of
food, in particular its nutrition labeling requirements, may have an effect on the health of
individuals as well. This regulatory authority is particularly relevant given links between obesity
and chronic diseases that may drive up health care costs.
H.R. 3590, as passed by the Senate, contains eight FDA-related provisions that would affect the
agency’s regulation of four types of products. For prescription drugs, one provision would require
the Secretary to determine whether adding certain information to a prescription drug’s labeling
and advertising would improve health care decision making, and a second would change certain
drug labeling requirements. For foods, a third provision would require nutrition labeling at certain
restaurants and vending machines. For biologics, a fourth, fifth, and sixth provision would create
a licensure pathway for biosimilars (generic biologics) and authorize the agency to collect
associated fees. For drugs and devices, a seventh and eighth provision would create a tax on
certain medical products. Each of these provisions is described in more detail below.
Prescription Drug Labeling
The introduction or delivery for introduction of a misbranded drug into interstate commerce is a
prohibited act for which certain penalties may be imposed, according to the Federal Food Drug
and Cosmetic Act (FFDCA) Secs. 301(a) and 303. A drug is deemed to be misbranded if it does
not meet the requirements of FFDCA Sec. 502. The section lists the items of information that
must be listed in a drug’s labeling (such as established name, quantity, active and inactive
ingredients, adequate directions for use, and adequate warnings). The section also requires that
each of these items be included prominently and conspicuously and in such terms as to render it
likely to be read and understood by the ordinary individual under customary conditions of
purchase and use. In addition, the section requires that all advertisements and other descriptive
printed matter include information in brief summary relating to side effects, contraindications,
and effectiveness, as specified in regulation.69
FFDCA Sec. 505(j) requires an abbreviated application for a new drug (ANDA) to “show that the
labeling proposed for the new drug is the same as the labeling approved for the listed drug.”
Sec. 3507. Presentation of Prescription Drug Benefit and Risk Information
This section would require the Secretary to determine whether the addition of information about
the health benefits and risks of a prescription drug to that drug’s labeling and advertising would
improve health care decision-making by clinicians, patients, and consumers. To reach this
determination, the Secretary would be required to review all available scientific evidence and
research on decision-making and social and cognitive psychology and consult with a wide range
of stakeholders. If such a determination is made, the bill would require the Secretary to
promulgate proposed regulations within three years to implement such format. Sec. 3511 of this
bill would authorize the appropriation of SSAN to carry out the activities in this section.
69 For further information see 21 CFR 201 (regarding labeling), and 21 CFR 202 (regarding prescription drug
advertising).
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Sec. 10609. Labeling Changes
This section would amend FFDCA Sec. 505(j) to allow ANDA approval of a drug otherwise
qualified whose labeling reflects the labeling approved for the listed referent drug that had been
in effect until the listed drug changed labeling within 60 days of the anticipated ANDA approval.
The ANDA sponsor would be required to agree to the submission of revised labeling within 60
days of the Secretary’s requiring changes. This provision would not be applicable if the Secretary
were to determine that continued use of the unrevised labeling of the listed drug would adversely
impact the safe use of the drug or if the revisions changed the “Warnings” section of the label.
Nutrition Labeling
Concern about the rising rates of obesity and the resulting effect on individuals’ health and health
care costs have prompted Congress to consider options for promoting healthy eating. One option
is to require nutrition labeling for some foods currently exempted from such regulations. (See
FFDCA Secs. 301(a) and 403(q)(5)(A)). Food served in restaurants is currently among the types
exempted from FDA’s nutrition labeling requirements.
FFDCA Sec. 403 lists the circumstances that would cause a food to be deemed misbranded,
which include the failure to adhere to the Act’s nutrition labeling requirements. FFDCA Sec.
403A prohibits states and localities from establishing their own nutrition labeling that is not
identical to the Act’s requirements, except for food such as food sold in restaurants, that is
presently exempt from nutrition labeling requirements. States and localities may petition the
Secretary of HHS for an exemption from the preemption clause in FFDCA Sec. 403A.
Sec. 4205. Chain Restaurant Menus and Vending Machines
This section would insert a new paragraph H into FFDCA Sec. 403(q)(5), requiring nutrition
labeling for standard menu items offered for sale in chain restaurants or similar retail food
establishments with 20 or more locations. These establishments would be required, for standard
menu items, to disclose as specified (1) the number of calories contained in the item and (2) the
suggested daily caloric intake, as specified by the Secretary by regulation. Such establishments
would also be required to make available, at the premises upon request, certain detailed written
nutritional information.
The establishments would be required to have a reasonable basis for their nutrient content
disclosures. The Secretary would be required to establish by regulation standards for determining
and disclosing the nutrient content for standard menu items that come in different flavors,
varieties, or combinations, but that are listed as a single menu item.
The section would require certain vending machine operators that own or operate 20 or more
machines to provide specified signs disclosing the number of calories contained in each article of
food, so that the information is accessible to consumers before they make their purchases.
The Secretary would be required to promulgate proposed regulations as specified to carry out the
requirements of the section, and to provide quarterly reports to Congress describing progress
toward promulgating final regulations.
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The section would amend FFDCA Sec. 403A to preempt states and localities from establishing or
continuing in effect any requirement for nutrition labeling of a food that is not identical to the
requirements of FFDCA Sec. 403(q), including the new requirements for foods served in certain
restaurants and retail food. The section also would prohibit the amendments it made from being
construed as (1) preempting any provision of state or local law unless the state or local law
creates or continues nutrition disclosures of the type that would be required by this section and
those disclosures would be expressly preempted; (2) applying to any state or local requirement
about food labeling that provides for safety warnings concerning the food or a component of the
food; or (3) applying to any restaurant or similar retail food establishment other than those
described in this proposal and offering for sale substantially the same menu items.
Biosimilars
A biosimilar, often called a “follow-on” biologic, is similar to a brand-name biologic while a
generic drug is the same as a brand-name chemical drug. Chemical drugs are small molecules for
which the equivalence of chemical structure between the brand-name drug and a generic version
is relatively easy to determine. In contrast, comparing the structure of a biosimilar and the brand-
name biologic is far more scientifically challenging. A biologic is a preparation, such as a drug or
a vaccine, that is made from living organisms. Most biologics are complex proteins that require
special handling (such as refrigeration) and are usually administered to patients via injection or
infused directly into the bloodstream. In many cases, current technology will not allow complete
characterization of biological products. Additional clinical trials may be necessary before the
FDA would approve a biosimilar.70
Congress is interested in creating an expedited pathway for the approval of biosimilars for the
same reasons it was interested in allowing access to generic chemical drugs in 1984: cost savings.
The pathway for biosimilars would be analogous to the FDA’s authority for approving generic
chemical drugs under the Drug Price Competition and Patent Term Restoration Act of 1984 (P.L.
98-417). Often referred to as the Hatch-Waxman Act, this law allows the generic company to
establish that its drug product is chemically the same as the already approved innovator drug, and
thereby relies on the FDA’s previous finding of safety and effectiveness for the approved drug.
The generic drug industry achieves cost savings by avoiding the expense of clinical trials, as well
as the initial drug research and development costs that were incurred by the brand-name
manufacturer. The cost of brand-name biologics is often prohibitively high. For example, the
rheumatoid arthritis and psoriasis treatment Enbrel costs $16,000 per year. It is thought that a
pathway enabling the FDA approval of biosimilars will allow for market competition and
reduction in prices, though perhaps not to the same extent as occurred with generic chemical
drugs under Hatch-Waxman.
Sec. 7001. Short Title
This section provides the title, “Biologics Price Competition and Innovation Act of 2009,” and the
sense of the Senate that a biosimilars pathway balancing innovation and consumer interests
should be established.
70 For additional information, see CRS Report RL34045, FDA Regulation of Follow-On Biologics, by Judith A.
Johnson.
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Sec. 7002. Approval Pathway for Biosimilar Biological Products
This section would amend PHSA Sec. 351 by opening a pathway for the approval of biosimilars.
A biosimilar is defined as a biological product that is highly similar to the reference (brand-name)
product such that there is no clinically meaningful difference between the biological product and
the reference product. A biological product is defined as a protein (except any chemically
synthesized polypeptide).
The section would allow the Secretary to determine that elements (such as clinical studies) in the
application for the licensure of a biological product as biosimilar or interchangeable may be
unnecessary. The Secretary would determine that the reference product and a biological product
are interchangeable according to specified criteria. Interchangeable means that the biological
product may be substituted for the reference product without the intervention of the health care
provider who prescribed the reference product.
The section would provide a 12-year data exclusivity period (from the date on which the
reference product was first approved) for the reference product. If a reference product has been
designated an orphan drug, an application for a biosimilar or interchangeable product may not be
filed until the later of (1) the seven-year period of orphan drug exclusivity described in the
FFDCA, or (2) the 12-year period established by this section. The section also would allow for a
period of exclusive marketing for the biological product that is the first to be established as
interchangeable with the reference product.71
The Secretary would be authorized to publish proposed guidance as specified for public comment
prior to publication of final guidance on the licensure of a biological product. If guidance is to be
developed, a process must be established to allow for public input regarding priorities for issuing
guidance. The issuance or non-issuance of guidance would not preclude the review of, or action
on, an application.
The section would set forth a process governing patent infringement claims against an applicant
or prospective applicant for a biological product license. It also would establish new processes for
identifying patents that might be disputed between the reference product company and the
company submitting a biosimilar application.
The section would further require that all biological product applications be submitted under
PHSA Sec. 351. For the small number of biological products that have been approved under
FFDCA Sec. 505, the approved application would be deemed to be a license for the biological
product under Sec. 351 as of 10 years after enactment.
The section would allow for the collection of user fees for the review of applications for approval
of biosimilars. The Secretary would have to develop recommendations regarding goals for the
review of biosimilar product applications for FY2013 through the end of FY2017 and present
them to Congress. The recommendations must be published in the Federal Register with a 30-day
public comment period, and a public meeting must be held. The revised recommendations would
be presented to Congress by January 15, 2012. Based on those recommendations, it is the sense of
the Senate that Congress should authorize a user fee program effective October 1, 2012. Through
71 For more information on exclusivity and patents, see CRS Report RL33901, Follow-On Biologics: Intellectual
Property and Innovation Issues, by Wendy H. Schacht and John R. Thomas.
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October 1, 2010, the Secretary must collect data on the cost of biosimilar product application
review as conducted according to the prescription drug user fee program. Two years after
receiving the first user fee for a biosimilar product application, and every two years thereafter
until October 1, 2013, the Secretary must perform an audit of the application review costs. An
alteration of the user fee would occur depending on results of the audit, as specified in this
section.
An extra six months of data (market) exclusivity would be provided for a new biologic drug if
pediatric studies are conducted prior to FDA approval of the drug. An extra six months of data
(market) exclusivity is provided for a biologic drug already on the market if pediatric studies are
conducted and the request for the extension is made not less than nine months before the
expiration of the original exclusivity period. The section would require an IOM study that would
review and assess the number and importance of biological products for children that are being
tested as a result of amendments made by the Biologics Price Competition and Innovation Act of
2009, as well as biological products that are not being tested for pediatric use, and offer
recommendations for ensuring pediatric testing of biological products.
Sec. 7003. Savings
This section would require that the HHS Secretary and the Treasury Secretary determine for each
fiscal year the amount saved to the federal government as a result of enactment of the approval
pathway for biosimilar biological products. Notwithstanding any other provision, the savings to
the federal government as a result of enactment of the biosimilars approval pathway shall be used
for deficit reduction.
Drug and Device Taxes
H.R. 3590, as passed by the Senate, includes measures designed to generate revenue by imposing
taxes related to branded prescription drugs and medical devices. These have generated
controversy within the device industry, with device manufacturers voicing their concern that
smaller companies may suffer, and that all companies may be less able to capitalize research into
the development of future devices.72 There is currently no special tax on branded prescription
drugs or medical devices; however, manufacturers do pay user fees to the FDA.73
Sec. 9008. Annual Fee for Branded Prescription Pharmaceuticals
This section would impose an annual fee on covered entities: certain manufacturers and importers
of branded prescription drugs (including biological products and excluding orphan drugs).
Covered entities would pay annually to the Secretary of the Treasury a total of $2.3 billion, which
would be transferred to the Medicare Part B trust fund.
Each covered entity would pay a proportion of the $2.3 billion, calculated by the Secretary, equal
to the proportion that specified amounts of each entity’s branded prescription drug sales for
72 See, e.g., Alicia Mundy, “Drug Makers Face Tougher Measures,” The Wall Street Journal, October 30, 2009, p. A4.
73 For further information about user fees, see CRS Report RL34571, Medical Device User Fees and User Fee Acts, by
Erin D. Williams; and CRS Report RL33914, The Prescription Drug User Fee Act (PDUFA): History, Reauthorization
in 2007, and Effect on FDA, by Susan Thaul.
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specified government programs bore to the total such sales of all covered entities for the previous
year. The specified amounts of total that would be taken into account are as follows. For sales of
not more than $5 million, none would be taken into account. For sales of more than $5 million
and not more than $125 million, 10% would be taken into account. For sales of more than $125
million and not more than $225 million, 40% would be take into account. For sales of more than
$225 million and not more than $400 million, 75% would be take into account. For sales of more
than $400 million, 100% would be take into account.
The Secretary of the Treasury would calculate the proportion to be paid by each covered entity
based upon annual reports made by the Secretaries of HHS, Veterans Affairs, and Defense.
Reports would contain the total branded prescription drug sales for each covered entity with
respect to Medicare Parts B and D, Medicaid, the Department of Veterans Affairs programs, and
the Department of Defense programs and TRICARE.
Reconciliation Bill Sec. 1404.
This reconciliation provision would amend Sec. 9008 by delaying initial payments due to the
Secretary of the Treasury until 2011 (from 2010). It would increase (from $2.3 billion) the total
amount to be paid annually to the Secretary as follows: $2.5 billion for 2011; $2.8 billion for each
of 2012 and 2013; $3 billion for each of 2014 through 2016; $4 billion for 2017; $4.1 billion for
2018; and $2.8 billion for 2019 and thereafter. In the event that more than one person was liable
for a fee with respect to a single covered entity, the section would impose joint and several
liability.
Sec. 9009. Annual Fee for Medical Devices
This section, as amended by Sec. 10904 of the bill, would impose an annual fee on covered
entities: certain manufacturers and importers of medical devices with sales in United States. Sales
would exclude those of class II devices typically sold to consumers for less that $100, and those
of class I devices.74
Beginning in 2011, covered entities would pay annually to the Secretary of the Treasury a total of
$2 billion ($3 billion after 2017). Each covered entity would pay proportion of the total,
calculated by the Secretary, that is equal to the proportion that specified amounts of its gross
receipts from medical device sales bore to the total gross receipts of all covered entities for the
previous year. The specified amounts of total that would be taken into account are as follows. For
sales of not more than $5 million, none would be taken into account. For sales of more than $5
million and not more than $25 million, 50% would be taken into account. For sales of more than
$25 million, 100% would be take into account.
The Secretary of the Treasury would calculate the proportion to be paid by each covered entity
based upon annual reports made by covered entities. Penalties could be imposed for a failure to
make required reports.
74 Under the Federal Food, Drug and Cosmetic Act, medical devices are categorized as class I, class II, or class III
according to the amount of controls necessary to ensure their safety and effectiveness. Class I devices (e.g., cotton
swabs) require the least controls. Class III devices (e.g., pacemakers) require the most controls. For further information
see CRS Report RL32826, The Medical Device Approval Process and Related Legislative Issues, by Erin D. Williams.
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Reconciliation Bill Sec. 1405.
This reconciliation provision would repeal Sec. 9009, as amended by Sec. 140904, and in its
place create a new IRC Sec. 4191 in new Subchapter E – Medical Devices. The new section
would impose a 2.3% sales tax on the sale of a medical device by a manufacturer, producer, or
importer. Taxable devices would include those defined in FFDCA Sec. 201(h), excluding
eyeglasses, contact lenses, hearing aids, and any other devices determined by the Secretary75 to be
of a type the general public typically buys at retail for individual use. Tax exemptions listed under
IRC Sec. 4221(a)(3)-(6) and Sec. 6416(b)(2)(B)-(E) would not apply, including those for state
and local governments, nonprofit educational entities, and certain others. The tax would apply to
sales made after December 31, 2012.
340B Drug Pricing
Background and Issues
Under PHSA Sec. 340B, pharmaceutical drug manufacturers that participate in the Medicaid drug
rebate program are required to enter into pharmaceutical pricing agreements that provide
discounts on covered outpatient drugs purchased by certain public health facilities (covered
entities). HRSA, the agency that administers the 340B program, indicates that approximately
14,000 covered entities and 800 pharmaceutical manufacturers participate in the program.76
Covered entities are eligible to receive discounts on outpatient prescription drugs from
participating manufacturers. These entities include hospitals owned or operated by state or local
government that serve a higher percentage of Medicaid beneficiaries, as well as federal grantees
such as FQHCs, FQHC look-alikes, family planning clinics, state-operated AIDS drug assistance
programs, Ryan White CARE Act grantees, family planning and sexually transmitted disease
clinics, and others, as identified in the PHSA. Covered entities may not receive discounts on
inpatient drugs under the 340B program.
Under the 340B program, covered entities are prohibited from diverting drugs purchased under
the program to other organizations and from obtaining multiple discounts, including participation
in outpatient group purchasing arrangements. The 340B discount is determined by dividing the
average total Medicaid rebate percentage of 15.1% for single source and innovator multiple
source drugs, and 11% for non-innovator multiple source drugs by the average manufacturer price
(AMP) for each dose and strength. Medicaid statute defines AMP as the average price paid to
manufacturers by wholesalers for drugs distributed to the retail pharmacy class of trade.
Manufacturers are required to report AMP and their best price to the Secretary, but subject to
verification, manufacturers calculate the maximum price (“ceiling price”) they may charge 340B
entities. Manufacturers are permitted to audit covered entity records if they suspect product
diversion or multiple discounts are taking place.
75 This reference to the Secretary presumably means the Secretary of the Treasury because the provision appears in the
Internal Revenue Code.
76 See HRSA “2009 Quarter 3 Statistics for 340B Covered Entities, Record Counts as of 7/01/2009” at
ftp://ftp.hrsa.gov/bphc/pdf/opa/Stats_2009_QTR_3.pdf.
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Sec. 6004 of the Deficit Reduction Act of 2005 added children’s hospitals that are exempt from
the Medicare prospective payment system to the list of covered entities, provided that these
facilities meet other 340B participation requirements. A final rule for participation of children’s
hospitals in the 340B program was issued on September 1, 2009.
Sec. 7101. Expanded Participation in 340B Program
This section would amend PHSA Sec. 340B to add the following to the list of covered entities
that would be entitled to discounted drug prices under the 340B program: (1) certain children’s
and free-standing cancer hospitals excluded from the Medicare prospective payment system, (2)
critical access and sole community hospitals, and (3) rural referral centers. These new 340B-
eligible facilities also would need to meet the specified 340B participation requirements. In
addition, the provision would expand 340B discounts to inpatient drugs for participating hospital
entities. Further, hospitals that participate in the 340B program would be permitted to participate
in group purchasing arrangements for inpatient drugs. However, the prohibition on hospital
participation in outpatient drug group purchasing agreements would remain.
The Secretary would be required to provide for reasonable exceptions to the outpatient drug
group purchasing prohibition; namely (1) for outpatient drugs that are unavailable due to supply
shortages or other circumstances beyond the hospital’s control; (2) when generic drugs are
available at lower prices; and (3) to reduce the administrative burden in managing inventories of
340B-covered and uncovered drugs (as long as duplicate discounts or drug diversion would be
avoided). The Secretary would ensure that 340B hospitals (and particularly small and rural
hospitals) have multiple options for purchasing covered inpatient drugs under this program. As
determined by the Secretary, 340B hospitals would be required within 90 days after filing their
most current Medicare cost report to issue a credit to the state Medicaid program for inpatient
drugs provided to Medicaid beneficiaries. The changes in this provision and Sec. 612 would be
used to determine whether manufacturers met 340B participation requirements.
Sec. 7102. Improvements to 340B Program Integrity
This section would amend PHSA Sec. 340B to require the Secretary to develop systems to
improve compliance and program integrity activities for manufacturers and covered entities, as
well as administrative procedures to resolve disputes. The system would include a number of
specifications that would increase transparency and strengthen the monitoring, oversight, and
investigation of the prices manufacturers charge covered entities, as well as additional
improvements to ensure covered entities are not diverting drugs or obtaining multiple discounts.
The administrative dispute resolution process would mediate and provide final resolution to
covered entity overpayment claims and manufacturer claims against covered entities for drug
diversion or multiple discounts.
The section would authorize the appropriation of SSAN to carry out the improvements to the
340B program for FY2010 and each succeeding fiscal year. Manufacturers would be required to
report to the Secretary quarterly ceiling prices for each covered drug and to offer these drugs to
covered entities at or below these prices.
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Sec. 7103. GAO Study on Improving the 340B Program
This section would require GAO to submit a report to Congress that examines whether
individuals receiving services through 340B-covered entities are receiving optimal health care
services. The report would be due within 18 months of enactment and would at least make
recommendations on (1) whether the 340B program should be expanded; (2) whether mandatory
340B sales of certain products could hinder patients’ access to those therapies through any
provider; and (3) whether 340B income is being used by covered entities to further program
objectives.
Reconciliation Bill Sec. 2302
This reconciliation provision would further amend PHSA Sec. 340B, as amended by Secs. 7001
and 7002 above, to exclude inpatient drugs from the 340B drug program. In addition,
participating hospital entities would not be permitted to obtain outpatient prescription drug
discounts through a group purchasing organization. Further, the reconciliation bill would not
permit covered entities to receive discounts through the 340B program for orphan drugs, as
designated by FFDCA Sec. 526.
Veterans Health Care
Background and Issues
The Department of Veterans Affairs (VA), through the Veterans Health Administration (VHA),
operates the nation’s largest integrated direct health care delivery system.77 While Medicare,
Medicaid, and the CHIP are also publicly funded programs, most health care services under these
programs are delivered by private providers in private facilities. In contrast, the VA health care
system is a truly public health care system in the sense that the federal government owns the
medical facilities and employs the health care providers.78
In general, eligibility for VA health care is based on veteran status,79 service-connected
disabilities80 or exposures,81 income,82 and other factors such as status as a former prisoner of war
or receipt Purple Heart.83
77 U.S. Department of Veterans Affairs, FY 2008 Performance and Accountability Report, Washington, DC, November
17, 2008, p. 10; Established on January 3, 1946 as the Department of Medicine and Surgery by P.L. 79-293, succeeded
in 1989 by the Veterans Health Services and Research Administration, renamed the Veterans Health Administration in
1991.
78 U.S. Congress, House, Economic Report of the President, 110th Cong., 2nd sess., February 2008, H. Doc. 110-83
(Washington: GPO, 2008), p. 106.
79 Veteran’s status is established by active-duty status in the U.S. Armed Forces, and an honorable discharge or release
from active military service. Generally, persons enlisting in one of the armed forces after September 7, 1980, and
officers commissioned after October 16, 1981, must have completed two years of active duty or the full period of their
initial service obligation to be eligible for VA health care benefits. Servicemembers discharged at any time because of
service-connected disabilities are not held to this requirement.
80 A service-connected disability is a disability that was incurred or aggravated in the line of duty in the U.S. Armed
Forces (38 U.S.C. § 101 (16). VA determines whether veterans have service-connected disabilities, and for those with
such disabilities, assigns ratings from 0% to 100% based on the severity of the disability. Percentages are assigned in
(continued...)
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The VHA also pays for care provided to veterans by private-sector providers on a fee basis under
certain circumstances. Inpatient and outpatient care are also provided in the private sector to
eligible dependents of veterans under the Civilian Health and Medical Program of the Department
of Veterans Affairs.84 All enrolled veterans are offered a standard medical benefits package.85
Veterans do not pay premiums or enrollment fees. However, under current law most veterans are
required pay copayments for the treatment of nonservice-connected conditions.86 It should be
noted that those veterans who are rated 50% or more service-connected disabled and enrolled in
the VA health care system do not pay copayments even for nonservice-connected care. Moreover,
VA is required to collect reasonable charges for medical care or services (including prescription
drugs) from a third party insurer to the extent that the veteran or the provider of the care or
services would be eligible to receive payment from a third party insurer for a nonservice-
connected disability for which the veteran is entitled to care (or the payment of expenses of care)
under a health insurance plan.87
This bill contains several provisions related to the VA. Specifically, it includes a provision that
would require the VA to report to Congress on the effect on VA health care because of fees
charged to drug and medical device manufactures (described below). Furthermore, among other
things, it would require VA to participate in the Interagency Working Group on Health Care
Quality (Sec. 3012); would exempt the VA from a fee on all health insurers based on their market
share (Sec. 4375); and would provide VA access to the National Practitioner Data Bank without a
charge (Sec. 6403).
Sec. 9011. Study and Report of Effect on Veterans Health Care
This provision would require the Secretary of Veterans Affairs to conduct a study on the effect of
provisions in Title IX of the bill—in particular the new fees on drug and device manufacturers—
on the cost of medical care provided to veterans, and veterans’ access to medical devices and
branded prescription drugs. The Secretary would be required to report the results of such a study
to the House Committee on Ways and Means and the Senate Committee on Finance. The report
would be required by December 31, 2012.
(...continued)
increments of 10% (38 C.F.R. §§ 4.1-4.31).
81 For example, veterans who may have been exposed to Agent Orange during the Vietnam War or veterans who may
have diseases potentially related to service in the Gulf War may be eligible to receive care.
82 Veterans with no service-connected conditions and who are Medicaid eligible, or who have an income below a
certain VA means-test threshold and below a median income threshold for the geographic area in which they live are
also eligible to enroll in the VA health care system.
83 For a complete discussion on eligibility for VA health care, priority groups, and enrollment see, CRS Report R40737,
Veterans Medical Care: FY2010 Appropriations, by Sidath Viranga Panangala.
84 For further information on CHAMPVA, see CRS Report RS22483, Health Care for Dependents and Survivors of
Veterans, by Sidath Viranga Panangala.
85 A detail listing of VHA’s standardized medical benefits package is available at 38 C.F.R. § 17.38 (2008).
86 38 U.S.C. § 1729.
87 38 U.S.C. § 1729(a)(2)(D); 38 C.F.R. § 17.101(a)(1)(i).
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Miscellaneous
Sec. 3509. Offices of Women’s Health
This section would create a new PHSA Sec. 229, establishing in the Office of the Secretary an
Office on Women’s Health, for the establishment of goals and objectives, expert consultation, and
other specified duties. Among them, the Secretary would be required to establish a National
Women’s Health Information Center and an HHS Coordinating Committee on Women’s Health.
The Secretary would be authorized to provide funding and make interagency agreements as
necessary to carry out these duties, and would be required to conduct evaluations of such
activities and provide periodic reports to Congress. There would be authorized to be appropriated
SSAN for FY2010 through FY2014. The section would transfer to this new office all functions of
the existing Office on Women’s Health of the Public Health Service.
In addition, the section would establish new offices of women’s health, with specified duties, in
CDC (new PHSA Sec. 310A), AHRQ (redesignated PHSA Sec. 925), HRSA (new PHSA Sec.
713), and the FDA (new FFDCA Sec. 1011). For each of these offices there would be authorized
to be appropriated SSAN for FY2010 through FY2014. The section would also amend current
authority for offices of women’s health in the NIH and SAMHSA, to establish that the director of
each office would report to the senior official of the respective agency. Sec. 3511 of the bill would
authorize the appropriation of SSAN for the NIH and SAMHSA offices.
This section and amendments made by it would not alter existing regulatory authority; terminate,
reorganize, or transfer authority away from women’s health offices in existence as of enactment
without the approval of Congress; or change existing administrative activities at HHS regarding
women’s health.
Sec. 4203. Wellness for Individuals with Disabilities
This section would add a new Sec. 510 of the Rehabilitation Act requiring the Architectural and
Transportation Barriers Compliance Board, in consultation with FDA, to issue regulatory
standards for minimal technical criteria for medical diagnostic equipment (as specified) used in
medical settings.88 The standards must ensure that individuals with disabilities can use, enter, and
exit such equipment independently, to the maximum extent possible. The Board would be
required periodically to review the standards and amend them as necessary.
Sec. 4207. Reasonable Break Time for Nursing Mothers
This section would amend Sec. 7 of the Fair Labor Standards Act of 1938,89 to require
employers to provide a reasonable break time for an employee to express breast milk for her
nursing child for one year after the child’s birth each time such employee has need to express the
88 Section 502 of the Rehabilitation Act established the Architectural and Transportation Barriers Compliance Board to
develop design standards for, and to assure compliance by, facilities designed, built, altered, or leased with federal
funds, in order to improve access for people with disabilities.
89 The Fair Labor Standards Act is the primary federal statute dealing with the issue of overtime pay. Section 7 of the
law regards maximum work hours.
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milk, and a place to do so, other than a bathroom, that is shielded from view and free from
intrusion from coworkers and the public. An employer would not be required to compensate an
employee for such break time. Employers of fewer than 50 employees would not be subject to
these requirements if they would impose an undue hardship by causing the employer significant
difficulty or expense when considered in relation to the size, financial resources, nature, or
structure of the employer’s business. This provision would not preempt a state law that provides
greater protections to employees.
Secs. 6801 and 10607. Medical Liability
Sec. 6801 expresses the Sense of the Senate that (1) health care reform presents an opportunity to
address issues related to medical malpractice and medical liability insurance; (2) states should be
encouraged to develop and test litigation alternatives while preserving an individual’s right to
seek redress in court; and (3) Congress should consider establishing a state demonstration
program to evaluate alternatives to the existing civil litigation system with respect to medical
malpractice claims.
Sec. 10607 would create a new PHSA Sec. 933V-4, authorizing the Secretary to award
demonstration grants to states for the development, implementation, and evaluation of
alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health
care providers or organizations. These grants would exist for no more than five years. State
grantees would be required to develop an alternative that (1) allows for the resolution of disputes
caused by health care providers or organizations; and (2) promotes a reduction of health care
errors by encouraging the collection and analysis of patient safety data. Each state would have to
identify the sources from and methods by which compensation would be paid, and demonstrate
that its proposed alternative to tort litigation meets certain goals and criteria. The Secretary would
have to provide to the states that are applying for the grants technical assistance, including
guidance on common definitions, non-economic damages, avoidable injuries, and disclosure to
patients of health care errors and adverse events.
The Secretary would be required to consult with a review panel composed of relevant experts
appointed by the Comptroller General when reviewing states’ applications. Furthermore, each
state receiving a grant would be required to submit a report to the Secretary covering the impact
of the activities funded on patient safety and on the availability and price of medical liability
insurance. The Secretary would be required to submit a report to Congress that examines any
differences that may result in the areas of quality of care, number and nature of medical errors,
medical resources used, length of time for dispute resolution, and the availability and price of
liability insurance. Additionally, the Secretary, in consultation with the review panel, would be
required to conduct an overall evaluation of the effectiveness of grants awarded, and to submit the
findings of such evaluation to Congress. The Medicare Payment Advisory Commission would be
required to conduct an independent review of the impact of state-implemented alternatives to tort
litigation on the Medicare program and its beneficiaries. The Medicaid and CHIP Payment and
Access Commission would be required to conduct a similar evaluation with respect to the
Medicaid and CHIP programs and their beneficiaries.
The section would not limit any prior, current, or future efforts of any state to establish any
alternative to tort litigation. It would appropriate $50 million for the five-fiscal year period
beginning FY2011 to carry out this section.
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Sec. 9017. Excise Tax on Elective Cosmetic Medical Procedures
This section would add a new IRC Sec. 5000B (in a new Chapter 49). It would impose a 5% tax
on amounts paid for certain cosmetic surgeries and medical procedures performed by licensed
medical professionals. Not included would be surgeries and procedures necessary to ameliorate
deformities from congenital abnormalities, personal injury, or disfiguring diseases. The person
receiving payment for the service would collect the amount of the tax from the individual on
whom the procedure is performed, and would be responsible for the tax amount if the patient did
not submit the payment. The provider would submit the tax to the Treasury Secretary quarterly.
Note: Sec. 10907 of the bill, described below, would nullify this provision.
Sec. 10407(c). Vital Statistics
This subsection would require the Secretary, acting through the CDC Director, to promote the
education and training of physicians on the importance of birth and death certificate data,
encourage state adoption of the latest standard revisions of birth and death certificates, and work
with states to re-engineer their vital statistics systems. This section also would authorize the
Secretary to promote improvements to the collection of diabetes mortality data. (Note: Sec. 10407
in its entirety is discussed earlier in this report under “Community Prevention Grants and Related
Activities.”)
Sec. 10409. Cures Acceleration Network
This section would amend PHSA Sec. 402(b) to require the NIH Director to implement the new
Cures Acceleration Network (CAN), described below. It also would amend PHSA Sec. 499(c)(1)
to enable the Foundation for the National Institutes of Health to accept charitable gifts to support
the CAN.
The section would add a new PHSA Sec. 402C, Cures Acceleration Network, containing
definitions, establishing CAN within the Office of the Director, specifying CAN’s functions,
establishing CAN’s Board, and requiring the Director to award grants, contracts, or cooperative
agreements to carry out the purposes of the section.
The NIH Director would determine which medical products (drugs, devices, biological products,
or combinations thereof) were “high need cures,” based upon (1) their ability to diagnose,
prevent, or treat harm from a disease or condition; and (2) the lack of market incentives for their
adequate or timely development. The Director would award, as specified, grants, contracts, or
cooperative agreements to accelerate the development of high need cures. The Cures Acceleration
Partnership Awards would, among other things, provide up to $15 million for the first year,
payable in a lump sum, with a matching requirement. The Cures Acceleration Grant Awards
would be similar but have no matching requirement. The Cures Acceleration Flexible Research
Awards would be available if the Director determined that the goals of the section could not be
met otherwise, and would consist of awards not to exceed 20% of the total funds appropriated
under this section (see below).
The CAN would seek to support revolutionary advances in basic research, facilitate FDA review
for CAN-funded cures, as specified, and carry out other specified functions. A CAN Review
Board would be established to advise the Director on the activities of CAN. The Board also
would advise the Director on significant barriers to the translation of basic science into clinical
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applications, among other things, and would submit to the Secretary reports regarding any barrier
identified. The Director would be required to respond to such recommendations in writing.
There would be authorized to be appropriated $500 million for FY2010, and SSAN for
subsequent fiscal years. A limitation would prohibit other funds appropriated under the PHSA
from being allocated to the CAN.
Sec. 10412. Automated Defibrillation in Adam’s Memory Act
PHSA Sec. 312(a) requires the Secretary to award grants to States, political subdivisions of
States, and others to develop and implement public access defibrillation programs. Sec. 312(c)(6)
authorizes grant recipients to use the funds received through such grants to establish an
information clearinghouse that provides information to increase public access to defibrillation in
schools. Sec. 312(e) authorizes $25,000,000 for FY2003, and SSAN for each of the FY2004
through FY2006.
This section would amend PHSA Sec. 312 so that the information clearinghouses that grant
recipients are authorized to establish with grant funds would be required to be administered by an
organization that has substantial expertise in pediatric education, pediatric medicine, and
electrophysiology and sudden death. The section also would authorize the appropriation of $25
million for each of FY2003 through FY2014.
Sec. 10907. Excise Tax on Indoor Tanning Services
This section would add a new IRC Sec. 5000B (in a new Chapter 49), imposing a 10% tax on
amounts paid for indoor tanning services. Not included would be phototherapy services
performed by licensed medical professionals. The person receiving payment for the service would
collect the amount of the tax from the individual on whom the procedure is performed, and would
be responsible for the tax amount if the client did not submit the payment. The provider would
submit the tax to the Treasury Secretary quarterly. This section also would nullify Sec. 9017 of
the bill (Excise Tax on Elective Cosmetic Medical Procedures).
Sec. 10909. Expansion of Adoption Credit and Adoption Assistance Programs
This section would increase the qualified expense limitation for the adoption tax credit and the
income exclusion for qualified employer-provided adoption expense programs to $13,170 for tax
year 2010 (for tax year 2009, the qualified expense limitation is $12,150). It also would index this
new qualified expense limitation amount to inflation for tax year 2011. The adoption tax credit
would be made refundable for tax years 2010 and 2011. In addition, the expiration of the
Economic Growth and Tax Relief Reconciliation Act (EGTRRA, P.L. 107-16) changes to the
adoption tax credit and the income exclusion for employer-provided adoption expense programs
would be delayed by one year (from December 31, 2010, to December 31, 2011).90
90 For further information on the adoption tax credit, see CRS Report RL33633, Tax Benefits for Families: Adoption,
by Christine Scott.
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Table 1. Crosswalk of Public Health, Workforce, Quality, and Related Provisions in H.R. 3962 and H.R. 3590
Topic
Sections in H.R. 3962 (as passed by the House)
Sections in H.R. 3590 (as passed by the Senate)a
Public Health Investment Fund (House); Prevention and
2002, 2003, 2101, 2202, 2216, 2221, 2235, 2281, 2301,
4002, 10503
Public Health Fund & Community Health Center Fund
2403
(Senate)
Health Centers
2101, 2511, 2512, 2586
4101 [10402(a)], 5208, 5601, 10503 [2303], 10608
Health Workforce
National Health Service Corps
2201, 2202, 2596
5207, 5508(b), 5602, 10501(n), 10503, 10908
Primary Care and Dentistry
2211–2217
5201, 5203, 5301–5304, 5508(a) & (c)
Nursing Workforce
2221, 2521, 2536
5202, 5305(c), 5308–5312, 5509, 10501(e)
Public Health Workforce
2231–2235
5204, 5206, 5209, 5210, 5313 [10501(c)], 5314, 5315,
10501(m)
Workforce Diversity, Cultural Competency,
2241–2243, 2251, 2252, 2281
5305(a) & (b), 5307, 5401–5404, 5405 [10501(f)],
Interdisciplinary and Community-Based Training
10501(d) & (l)
Health Workforce Evaluation and Assessment
2261, 2271, 2281
5101 [10501(a)], 5102, 5103, 10501(b)
Medicare Graduate Medical Education Payments
1501–1505
5503, 5504, 5505 [10501(j)], 5506
Other Workforce Provisions
2533, 2539, 2589–2591
5205, 5507, 5701, 8002(c), 10501(g) & (k), 10502, 10504
Prevention and Wellness
Coverage of Clinical Preventive Services
222, 1305, 1306, 1310, 1311, 1313, 1711, 1712, 1725
1001, 1302, 4103 [10402(b)], 4104 [10406], 4105–4108
Employer-Provided Wel ness Programs
112
1001, 1201, 4303 [10404], 4402, 10408
Community-based Prevention Strategy and Funding
2301
4001 [10401], 4002–4004
Community-based Preventive Services
2524, 2525, 2530, 2535, 2594
4102, 4201 [10403], 4202, 4204, 4206, 4301, 4304,
4306, 10407, 10411, 10413, 10501(g)
Stricken Provision Concerning CBO Scoring
npb
4401, 10405
Maternal and Child Health
Maternal and Early Childhood Home Visitation
1904
2951
Postpartum Depression
2529
2952
Teen Pregnancy Prevention
2526
2953, 2954
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Topic
Sections in H.R. 3962 (as passed by the House)
Sections in H.R. 3590 (as passed by the Senate)a
Support for Pregnant and Parenting Teens and
np 10211–10214
Women
Infant Mortality
2532
np
Youth Aging out of Foster Care
np
2955
Behavioral Health
214, 222, 2513, 2522, 2538
1311(j), 5604, 5306, 10410
Quality
National Strategy to Improve Health Care Quality
1441–1446 3011
[10302], 3012, 3013 [10303(a)], 3014 [10304],
and Quality Measurement
3015 [10305]
Quality Improvement and Patient Safety
1461, 2401, 2403
3501, 3508, 10303(b) & (c)
Care Coordination
2528, 2534, 2537
3502, 3503, 3506, 3510, 10333
Key Indicators
2402, 2403
5605
Comparative Clinical Effectiveness Research
1401,1802
6301 [10602], 6302
Medicare and Medicaid Nursing Homes
1411–1432
6101–6121, 6201
Health Disparities
1221–1224, 2588A
4302, 10334
Health Information Technology
HIPAA Administrative Simplification
115, 237, 328
1104, 1561
Electronic Health Records
263
np
Telehealth 2523
np
Emergency Care
1908, 2551–2556
3504, 3505, 5603
Pain Care and Management
2561–2563
4305
Elder Justice
np
6703
Food and Drug Administration
Medical Products
552, 2571, 2573
3507, 9008 [1404], 9009 [10904] [1405], 10609, 10907
Nutrition Labeling
2572
4205
Biosimilars 2575–2577 7001–7003
340B Drug Pricing
2501–2503
7101–7103 [2302]
Veterans’ Health
np
9011
CRS-97
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Topic
Sections in H.R. 3962 (as passed by the House)
Sections in H.R. 3590 (as passed by the Senate)a
Miscel aneous
1451 (Physician Payment Sunshine), 2527 (Autism), 2531 3509 (Offices of Women's Health), 4203 (Disabilities),
(Medical Liability), 2585 (State Employers), 2587
4207 (Nursing Mothers), 6801 & 10607 (Medical
(Diseases of Poor Americans), 2588 (Offices of
Liability), 9017 (Elective Cosmetic Procedures), 10407(c)
Women’s Health), 2592 (Disabilities), 2593 (Duplicative
(Vital Statistics), 10409 (Cures Acceleration Network),
Grant Programs), 2595 (Vital Statistics)
10412 (Defibrillators), 10907 (Indoor Tanning), 10909
(Adoption Tax Credit and Assistance)
Source: Table prepared by the Congressional Research Service based on the text of H.R. 3962, as passed by the House, and H.R. 3590, as passed by the Senate, and the
text of the amendment in the nature of a substitute to H.R. 4872, as amended by the manager’s amendment.
a. Title X of the Senate-passed bill, which was incorporated as a manager’s amendment to the underlying legislation, amends numerous provisions in Titles I through IX
and adds several new sections. The Title X amendments appear italicized in square brackets immediately following the number of the section that they amend. Four
sets of provisions in H.R. 3590, as passed by the Senate, are amended by the reconciliation bill. The section numbers of those amendments appear italicized and
underlined in square brackets fol owing the number of the H.R. 3590 section that they amend.
b. No provision.
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Appendix. Acronyms Used in the Report
ACF
Administration for Children and Families
ACIP
Advisory Committee on Immunization Practices
AFL
Adolescent Family Life
AHEC
Area Health Education Center
AHRQ
Agency for Healthcare Research and Quality
AMP
average manufacturer price
APS
adult protective services
ARRA
American Recovery and Reinvestment Act
CBO
Congressional Budget Office
CDC
Centers for Disease Control and Prevention
CFCIP
Chafee Foster Care Independence Program
CHC
Community Health Center
CHIP
Children’s Health Insurance Program
CHIPRA
Children’s Health Insurance Program Reauthorization Act of 2009
CHW
community health worker
CMS
Centers for Medicare and Medicaid Services
COE
Center of Excel ence
DoJ
Department of Justice
EFT
electronic funds transfer
EIS
Epidemic Intelligence Service
EHR
electronic health record
ERISA
Employee Retirement Income Security Act
FACA
Federal Advisory Committee Act
FCCCER
Federal Coordinating Council for Comparative Effectiveness Research
FDA
Food and Drug Administration
FFDCA
Federal Food, Drug, and Cosmetic Act
FQHC
Federally Qualified Health Center
GAO
Government Accountability Office
GEC
Geriatric Education Center
HELP
Senate Committee on Health, Education, Labor, and Pensions
HHS
Health and Human Services
HIT
Health Information Technology
HIPAA
Health Insurance Portability and Accountability Act
HITECH
Health Information Technology for Economic and Clinical Health Act
HRSA
Health Resources and Services Administration
HPSA
Health Professional Shortage Area
IHS
Indian Health Service
IOM
Institute of Medicine
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IPPE
initial preventive physical examination
IRC
Internal Revenue Code
LTC
long term care
MA
Medicare Advantage
MCH
Maternal and Child Health
MEPS
Medical Expenditures Panel Survey
MIPPA
Medicare Improvements for Patients and Providers Act of 2008
MTM
medication therapy management
NCHS
National Center for Health Statistics
NCHWA
National Center for Health Workforce Analysis
NF
nursing facility
NHSC
National Health Service Corps
NIH
National Institutes of Health
NIMH
National Institute of Mental Health
NHANES
National Health and Nutrition Examination Survey
NMHC
Nurse-Managed Health Clinic
NOHSS
National Oral Health Surveillance System
OAA
Older Americans Act
OMB
Office of Management and Budget
ONCHIT
Office of the National Coordinator for Health Information Technology
PCORTF
Patient-Centered Outcomes Research Trust Fund
PDP
prescription drug plan
PHSA
Public Health Service Act
PQRI
Physician Quality Reporting Initiative
PRAMS
Pregnancy Risk Assessment Monitoring System
QHBP
Qualified Health Benefits Plan
RHQDAPU
Reporting Hospital Quality Data for Annual Payment Update
SAMHSA
Substance Abuse and Mental Health Services Administration
SBHC
School-Based Health Clinic
SG
U.S. Surgeon General
SNF
skilled nursing facility
SSA
Social Security Act
SSAN
such sums as may be necessary
TANF
Temporary Assistance for Needy Families
TFCPS
Task Force on Community Preventive Services
USPSTF
U.S. Preventive Services Task Force
VA
Department of Veterans Affairs
VHA
Veterans Health Administration
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Author Contact Information
C. Stephen Redhead, Coordinator
Sarah A. Lister
Acting Section Research Manager
Specialist in Public Health and Epidemiology
credhead@crs.loc.gov, 7-2261
slister@crs.loc.gov, 7-7320
Erin D. Williams, Coordinator
Bernice Reyes-Akinbileje
Specialist in Public Health and Bioethics
Analyst in Health Resources and Services
ewilliams@crs.loc.gov, 7-4897
breyes@crs.loc.gov, 7-2260
Cliff Binder
Amanda K. Sarata
Analyst in Health Care Financing
Specialist in Health Policy and Genetics
cbinder@crs.loc.gov, 7-7965
asarata@crs.loc.gov, 7-7641
Vivian S. Chu
Christine Scott
Legislative Attorney
Specialist in Social Policy
vchu@crs.loc.gov, 7-4576
cscott@crs.loc.gov, 7-7366
Kirsten J. Colello
Carmen Solomon-Fears
Specialist in Health and Aging Policy
Specialist in Social Policy
kcolello@crs.loc.gov, 7-7839
csolomonfears@crs.loc.gov, 7-7306
Amalia K. Corby-Edwards
Jennifer Staman
Analyst in Health Services
Legislative Attorney
acorbyedwards@crs.loc.gov, 7-0423
jstaman@crs.loc.gov, 7-2610
Elayne J. Heisler
Emilie Stoltzfus
Analyst in Health Services
Specialist in Social Policy
eheisler@crs.loc.gov, 7-4453
estoltzfus@crs.loc.gov, 7-2324
Judith A. Johnson
Susan Thaul
Specialist in Biomedical Policy
Specialist in Drug Safety and Effectiveness
jajohnson@crs.loc.gov, 7-7077
sthaul@crs.loc.gov, 7-0562
Acknowledgments
Presidential Management Fellow Annie L. Mach contributed to this report.
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