[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1004 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1004

 To ensure that children at highest risk for asthma, vision, hearing, 
         and other health problems are identified and treated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2003

Mr. Durbin (for himself, Ms. Collins, and Mrs. Clinton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To ensure that children at highest risk for asthma, vision, hearing, 
         and other health problems are identified and treated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Children Learn Act''.

SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND 
              HEAD START PROGRAMS.

    (a) Early Head Start Programs.--Section 645A of the Head Start Act 
(42 U.S.C. 9840a) is amended by adding at the end the following:
    ``(h) Asthma, Vision, and Hearing Screening.--
            ``(1) In general.--An entity that receives assistance under 
        this section may carry out a program under which the entity--
                    ``(A) determines whether a child eligible to 
                participate in the program described in subsection 
                (a)(1) has received each of an asthma, vision, and 
                hearing screening test using a test that is appropriate 
                for age and risk factors on the enrollment of the child 
                in the program; and
                    ``(B) in the case of a child who has not received 
                each of an asthma, and vision, and hearing screening 
                test, ensures that the enrolled child receives such a 
                test either by referral or by performing the test 
                (under contract or otherwise).
            ``(2) Reimbursement.--
                    ``(A) In general.--On the request of an entity that 
                performs or arranges for the performance of an asthma, 
                vision, or hearing screening test under paragraph (1) 
                on a child who is eligible for or receiving medical 
                assistance under a State plan under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.), the 
                Secretary of Health and Human Services, notwithstanding 
                any other provision of, or limitation under, title XIX 
                of the Social Security Act, shall reimburse the entity, 
                from funds that are made available under that title, 
                for 100 percent of the cost of the test and data 
                reporting.
                    ``(B) Costs.--The costs of a test conducted under 
                this subsection--
                            ``(i) shall include reimbursement for 
                        testing devices and associated supplies 
                        approved for sale by the Food and Drug 
                        Administration and used in compliance with 
                        section 353 of the Public Health Service Act 
                        (42 U.S.C. 263a); and
                            ``(ii) shall include reimbursement for 
                        administering the tests and related services, 
                        as determined appropriate by the State agency.
            ``(3) Head start.--This subsection shall apply to Head 
        Start programs that include coverage, directly or indirectly, 
        for infants and toddlers under the age of 3 years.''.
    (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 
U.S.C. 9837(b)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) with respect to an agency that elects to carry out a 
        program under section 645(h), comply with the requirements of 
        such section 645A(h) in the case of each child eligible to 
        participate in the Head Start program to be carried out by the 
        agency.''.

SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR 
              CHILDREN ENROLLED IN PUBLIC SCHOOLS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by adding at the end the following:

``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR 
              CHILDREN ENROLLED IN PUBLIC SCHOOLS.

    ``(a) Grants.--The Secretary shall award grants to eligible local 
educational agencies to enable such agencies to carry out asthma, 
vision, hearing, or other health screening and case management programs 
determined appropriate by the Secretary in accordance with the program 
elements described in subsection (d).
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(c) Preference.--In awarding grants under this section, the 
Secretary shall give preference to local educational agencies serving 
schools that are located in areas with a high incidence of childhood 
asthma or a high death rate associated with childhood asthma.
    ``(d) Program Elements.--
            ``(1) Asthma.--Under an asthma program operated under a 
        grant under this section, a local educational agency shall--
                    ``(A) determine whether a child enrolled in a 
                school in which the program is in effect has received 
                an asthma screening test using a test that is 
                appropriate for age and risk factors on the enrollment 
                of the child in the school;
                    ``(B) in the case of a child who has not received 
                an asthma screening test, ensure that the child 
                receives such a test either by referral or by 
                performing the test (under contract or otherwise); and
                    ``(C) in the case of a child determined to have 
                asthma, provide treatment or refer the child for 
                treatment (including case management) and education in 
                the management of asthma.
            ``(2) Vision and hearing.--Under a vision and hearing 
        program operated under a grant under this section, a local 
        educational agency shall--
                    ``(A) elect to provide vision and hearing screening 
                tests--
                            ``(i) to all children enrolled in a school 
                        who are most likely to suffer from vision or 
                        hearing loss; or
                            ``(ii) to all children enrolled in a 
                        school;
                    ``(B) ensure that the category of children elected 
                under subparagraph (A) receive such tests, either by 
                referral or by performing the test (under contract or 
                otherwise), that are appropriate for the age and risk 
                factors of the children, based on the enrollment of the 
                children in the school; and
                    ``(C) in the case of any child determined to have a 
                vision or hearing impairment, provide the child with 
                such eyewear and hearing aids as are appropriate to 
                correct the child's vision or hearing, to the extent 
                that such correction is feasible.
            ``(3) Other health screening programs.--The Secretary shall 
        determine the program elements that shall be applicable to 
        other health screening programs operated under a grant under 
        this section.
    ``(e) Reimbursement.--
            ``(1) Children enrolled in or eligible for medicaid.--
                    ``(A) In general.--With respect to a child who is 
                eligible for or receiving medical assistance under a 
                State plan under title XIX of the Social Security Act 
                (42 U.S.C. 1396 et seq.) and who receives, or is 
                provided, a test, treatment, education, corrective 
                eyewear, or hearing aid under a program established 
                under subsection (a), the Secretary, notwithstanding 
                any other provision of, or limitation under, such title 
                XIX, including the payment limitation commonly known as 
                the `free care rule', shall reimburse the local 
                educational agency administering such program from 
                funds that are made available under such title XIX for 
                100 percent of the cost of the performance, 
                arrangement, or provision and data reporting.
                    ``(B) Costs.--The costs of a test conducted under 
                this section shall include reimbursement for--
                            ``(i) testing devices and associated 
                        supplies approved for sale by the Food and Drug 
                        Administration and used in compliance with 
                        section 353; and
                            ``(ii) administering the tests and related 
                        services, as determined appropriate by the 
                        State agency responsible for the administration 
                        of title XIX of the Social Security Act (42 
                        U.S.C. 1396 et seq.).
            ``(2) Children enrolled in or eligible for schip.--
                    ``(A) In general.--With respect to a child who is 
                eligible for or receiving child health assistance under 
                a State plan under title XXI of the Social Security Act 
                (42 U.S.C. 1397aa et seq.) and who receives, or is 
                provided, a test, treatment, education, corrective 
                eyewear, or hearing aid under a program established 
                under subsection (a), the Secretary, notwithstanding 
                any other provision of, or limitation under, such title 
                XXI, or any other provision of law (including the 
                payment limitation under title XIX commonly known as 
                the `free care rule' to the extent, if any, such 
                limitation applies to the State children's health 
                insurance program established under title XXI of that 
                Act), shall reimburse the local educational agency 
                administering such program from funds that are made 
                available under such title XXI for 100 percent of the 
                cost of the performance, arrangement, or provision and 
                data reporting.
                    ``(B) Costs.--The costs shall include the costs 
                described in paragraph (1)(B).
    ``(f) Definitions.--In this section, the terms `local educational 
agency' and `elementary and secondary school' shall have the meanings 
given such terms in section 14101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 8801).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section with respect to a child, and any 
data reporting with respect to the child, who is not eligible for 
coverage under title XIX or XXI of the Social Security Act, or is not 
otherwise covered under a health insurance plan--
            ``(1) $10,000,000 for each of fiscal years 2004 through 
        2009 to carry out asthma programs;
            ``(2) $10,000,000 for each of fiscal years 2004 through 
        2009 to carry out vision and hearing programs; and
            ``(3) such sums as may be necessary for each of fiscal 
        years 2004 through 2009 to carry out other health screening 
        programs.
    ``(h) Evaluations.--Not later than 4 years after the date of 
enactment of this section, the Secretary shall prepare and submit to 
the appropriate committees of Congress a report containing data related 
to whether grants provided under this section have ensured that 
children at the highest risk for asthma, vision, hearing, and other 
health problems are identified and treated.''.

SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN 
              ELIGIBLE UNDER FEDERAL HEALTH PROGRAMS.

    Nothing in any provision of law relating to a Federal program that 
provides, directly or indirectly, health benefits coverage for children 
(including the programs established under titles XIX and XXI of the 
Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)) and 
including the payment limitation commonly known as the ``free care 
rule'', shall be construed as prohibiting or restricting, or 
authorizing the Secretary of Health and Human Services to prohibit or 
restrict, payment under any such program for medical assistance for 
covered services furnished to a child who is eligible for or receiving 
medical assistance under such program and who receives an asthma, 
vision, hearing, or other health screening test, or is provided 
treatment, education in disease management, corrective eyewear, or 
hearing aids, through a public elementary or secondary school, whether 
directly or indirectly, and regardless of whether the school 
participates in a program established under subsection (a) or (b) of 
section 1120C of the Elementary and Secondary Education Act of 1965.
                                 <all>