[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1938 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1938

 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 HOUSE OF REPRESENTATIVES

                             April 2, 2009

  Mrs. Lowey introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Ways and Means and Education and Labor, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 2009''.

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

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

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

    ``(a) Standards.--Not later than 9 months after the date of the 
enactment of the Promoting Wellness for Individuals with Disabilities 
Act of 2009, 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) physicians 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) Interim Standards.--Until the date that the standards 
described under subsection (a) are in effect, purchases of examination 
tables, weight scales, and mammography equipment made after January 1, 
2010, and used in (or in conjunction with) medical settings as 
described in subsection (a), shall meet the following interim 
accessibility requirements:
            ``(1) Examination tables shall be height-adjustable between 
        a range of at least 18 inches to 37 inches.
            ``(2) Weight scales shall be capable of weighing 
        individuals who remain seated in a wheelchair or other personal 
        mobility aid.
            ``(3) Mammography machines and equipment shall be capable 
        of being used by individuals in a standing, seated, or 
        recumbent position, including individuals who remain seated in 
        a wheelchair or other personal mobility aid.
    ``(d) Review and Amendment.--The Architectural and Transportation 
Barriers Compliance Board shall periodically review and, as 
appropriate, amend the standards.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Rehabilitation Act of 1973 is amended by inserting after the item 
relating to section 509 the following new item:

``Sec. 510. Establishment of standards for accessible medical 
                            diagnostic equipment.''.

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--
            (1) by redesignating the section 399R, as added by section 
        2 of Public Law 110-373, as section 399S;
            (2) by redesignating the section 399R, as added by section 
        3 of Public Law 110-374, as section 399T; and
            (3) by adding at the end the following new section:

``SEC. 399U. 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 established under subsection (d)(1), 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 for preventing secondary conditions in 
        such individuals.
    ``(b) Requirement of Application.--To be eligible to receive a 
grant under subsection (a)(2), 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, activities for which 
the Secretary may make a grant under subsection (a) 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 subsection (a) 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 2009, 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) through training integrated into the core 
        curriculum and patient interaction in community-based 
        settings.''.
    (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. Such 
training shall include treating patients with disabilities in 
community-based settings as part of the usual training or residency 
placement.''.
    (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) of the Public Health Service Act (42 U.S.C. 293k(a)) is 
amended--
            (1) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (6), by striking ``pediatric dentistry.'' 
        and inserting ``pediatric dentistry; and'';
            (3) by inserting after paragraph (6) the following new 
        paragraph:
            ``(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.''; and
            (4) by adding at the end the following: ``The training 
        described in paragraph (7) shall include training integrated 
        into the core curriculum, as well as patient interaction with 
        individuals with disabilities in community-based settings, as 
        part of the usual training or residency placement.''.
    (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; and
            (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. Such training shall include treating 
        patients with disabilities in community-based settings, as part 
        of the usual training or residency placement.''.
    (g) Effective Date.--The amendments made by subsections (b), (c), 
and (f) shall take effect 180 days after the date of the enactment of 
this Act
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