[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3717 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3717

 To amend the Rehabilitation Act of 1973 and the Public Health Service 
Act to set standards for medical diagnostic equipment and to establish 
 a program for promoting good health, disease prevention, and wellness 
  and for the prevention of secondary conditions for individuals with 
                 disabilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2006

  Mr. Harkin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Rehabilitation Act of 1973 and the Public Health Service 
Act to set standards for medical diagnostic equipment and to establish 
 a program for promoting good health, disease prevention, and wellness 
  and for the prevention of secondary conditions for individuals with 
                 disabilities, and for other purposes.

    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 ``Promoting Wellness for Individuals 
with Disabilities Act of 2006''.

SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC 
              EQUIPMENT.

    Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) 
is amended by adding at the end of the following:

``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL 
              DIAGNOSTIC EQUIPMENT.

    ``(a) Standards.--Not later than 9 months after the date of 
enactment of the Promoting Wellness for Individuals with Disabilities 
Act of 2006, the Architectural and Transportation Barriers Compliance 
Board shall issue (including publishing) standards setting forth the 
minimum technical criteria for medical diagnostic equipment used in (or 
in conjunction with) physician's offices, clinics, emergency rooms, 
hospitals, and other medical settings. The standards shall ensure that 
such equipment is accessible to, and usable by, individuals with 
disabilities, and shall allow independent entry to, use of, and exit 
from the equipment by such individuals to the maximum extent possible.
    ``(b) Medical Diagnostic Equipment Covered.--The standards issued 
under subsection (a) for medical diagnostic equipment shall apply to 
equipment that includes examination tables, examination chairs 
(including chairs used for eye examinations or procedures, and dental 
examinations or procedures), weight scales, mammography equipment, x-
ray machines, and other radiological equipment commonly used for 
diagnostic purposes by health professionals.
    ``(c) Review and Amendment.--The Architectural and Transportation 
Barriers Compliance Board shall periodically review and, as 
appropriate, amend the standards.''.

SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH DISABILITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following new 
section:

``SEC. 399P. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR INDIVIDUALS 
              WITH DISABILITIES.

    ``(a) In General.--
            ``(1) Individual with a disability defined.--For purposes 
        of this section, the term `individual with a disability' has 
        the meaning given the term in section 7(20) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes of 
        title V of such Act (29 U.S.C. 791 et seq.).
            ``(2) Wellness grant program for individuals with 
        disabilities.--The Secretary, in collaboration with the 
        National Advisory Committee on Wellness for Individuals With 
        Disabilities, may make grants on a competitive basis to public 
        and nonprofit private entities for the purpose of carrying out 
        programs for promoting good health, disease prevention, and 
        wellness for individuals with disabilities, and preventing 
        secondary conditions in such individuals.
    ``(b) Requirement of Application.--To be eligible to receive a 
grant under subsection (a), a public or nonprofit private entity shall 
submit to the Secretary an application at such time, in such manner, 
and containing such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    ``(c) Authorized Activities.--With respect to promoting good health 
and wellness for individuals with disabilities described in subsection 
(a), activities for which the Secretary may make a grant under such 
subsection include--
            ``(1) programs or activities for smoking cessation, weight 
        control, nutrition, or fitness that focus on the unique 
        challenges faced by individuals with disabilities regarding 
        these issues;
            ``(2) preventive health screening programs for individuals 
        with disabilities to reduce the incidence of secondary 
        conditions; and
            ``(3) athletic, exercise, or sports programs that provide 
        individuals with disabilities (including children with 
        disabilities) an opportunity to increase their physical 
        activity in a dedicated or adaptive recreational environment.
    ``(d) Priorities.--
            ``(1) Advisory committee.--The Secretary shall establish a 
        National Advisory Committee on Wellness for Individuals With 
        Disabilities that shall set priorities to carry out this 
        section, review grant proposals, and make recommendations for 
        funding, and annually evaluate the progress of the program 
        under this section in implementing the priorities.
            ``(2) Representation.--The Advisory Committee established 
        under paragraph (1) shall include representation by the 
        Department of Health and Human Services Office on Disability, 
        the United States Surgeon General or his designee, the Centers 
        for Disease Control and Prevention, private nonprofit 
        organizations that represent the civil rights and interests of 
        individuals with disabilities, and individuals with 
        disabilities or their family members.
    ``(e) Dissemination of Information.--The Secretary shall, in 
addition to the usual methods of the Secretary, disseminate information 
about the availability of grants under the Wellness Grant Program for 
Individuals with Disabilities in a manner designed to reach public 
entities and nonprofit private organizations that are dedicated to 
providing outreach, advocacy, or independent living services to 
individuals with disabilities.
    ``(f) Reports to Congress.--The Secretary shall, not later than 180 
days after the date of the enactment of the Promoting Wellness for 
Individuals with Disabilities Act of 2006, and annually thereafter, 
submit to Congress a report summarizing activities, findings, outcomes, 
and recommendations resulting from the grant projects funded under this 
section during the preceding fiscal year.
    ``(g) Authorization of Appropriations.--For the purpose of making 
grants under this section, there are authorized to be appropriated such 
sums as may be necessary.''.

SEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL SERVICES TO 
              INDIVIDUALS WITH DISABILITIES.

    (a) Coordinated Program To Improve Pediatric Oral Health.--Section 
320A(b) of the Public Health Service Act (42 U.S.C. 247d-8(b)) is 
amended by--
            (1) striking ``, or to increase'' and inserting ``, to 
        increase''; and
            (2) striking the period and inserting the following ``, or 
        to provide training to improve competency and clinical skills 
        in providing oral health services to, and communicating with, 
        patients with disabilities, including those with intellectual 
        disabilities.''.
    (b) Children's Hospitals That Operate Graduate Medical Education 
Programs.--Section 340E of the Public Health Service Act (42 U.S.C. 
256e) is amended by adding at the end the following:
    ``(h) Requirement To Provide Training.--To be eligible to receive a 
payment under this section, a children's hospital shall provide 
training to improve competency and clinical skills in providing health 
care to, and communicating with, patients with disabilities, including 
those with intellectual disabilities, as part of any approved graduate 
medical residency training program provided by the hospital.''.
    (c) Centers of Excellence.--Section 736(b) of the Public Health 
Service Act (42 U.S.C. 293(b)) is amended--
            (1) in paragraph (6)(B), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following:
            ``(7) to carry out a program to improve competency and 
        clinical skills of students in providing health services to, 
        and communicating with, patients with disabilities, including 
        those with intellectual disabilities; and''.
    (d) Family Medicine, General Internal Medicine, General Pediatrics, 
General Dentistry, Pediatric Dentistry, and Physician Assistants.--
Section 747(a)(6) of the Public Health Service Act (42 U.S.C. 
293k(a)(6)) is amended by striking ``pediatric dentistry.'' and 
inserting the following: ``pediatric dentistry; and
            ``(7) to plan, develop, and operate a program for the 
        training of physicians or dentists, or medical or dental 
        residents, to improve competency and clinical skills of 
        physicians and dentists in providing services to, and 
        communicating with, patients with disabilities, including those 
        with intellectual disabilities.''.
    (e) Advisory Council on Graduate Medical Education.--Section 
762(a)(1) of the Public Health Service Act (42 U.S.C. 294o(a)(1)) is 
amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) by adding at the end the following:
                    ``(G) appropriate efforts to be carried out by 
                hospitals, schools of medicine, schools of osteopathic 
                medicine, schools of dentistry, and accrediting bodies 
                with respect to changes in undergraduate and graduate 
                medical training to improve competency and clinical 
                skills of physicians in providing health care services 
                to, and communicating with, patients with disabilities, 
                including those with intellectual disabilities; and''.
    (f) Medicare Graduate Medical Education Programs.--Section 1886(h) 
of the Social Security Act (42 U.S.C. 1395ww(h)) is amended by adding 
at the end the following:
            ``(8) Requirement to provide training.--To be eligible to 
        receive a payment under this subsection, a hospital shall 
        provide training to improve competency and clinical skills in 
        providing health care to, and communicating with, patients with 
        disabilities, including those with intellectual disabilities, 
        as part of any approved medical residency training program 
        provided by the hospital.''.
    (g) Effective Date.--The amendments made by subsections (b), (c), 
and (f) shall take effect 180 days after the date of enactment of this 
Act.
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