II 109th CONGRESS 2d Session S. 3717 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.

1.

Short title

This Act may be cited as the Promoting Wellness for Individuals with Disabilities Act of 2006.

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:

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.

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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:

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.

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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.