I 111th CONGRESS 1st Session H. R. 3895 IN THE HOUSE OF REPRESENTATIVES October 21, 2009 Mrs. Dahlkemper introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Secretary of Health and Human Services to conduct or support research and demonstration projects on the use of financial and in-kind subsidies and rewards to encourage individuals and communities to promote wellness, adopt healthy behaviors, and use evidence-based preventive health services, and for other purposes.

1.

Research on subsidies and rewards to encourage wellness and healthy behaviors

(a)

Research and demonstration projects

(1)

In general

The Secretary of Health and Human Services shall conduct, or award grants to public or nonprofit private entities to conduct, research and demonstration projects on the use of financial and in-kind subsidies and rewards to encourage individuals and communities to promote wellness, adopt healthy behaviors, and use evidence-based preventive health services. (2)

Focus

Research and demonstration projects under paragraph (1) shall focus on— (A)tobacco use, obesity, and other prevention and wellness priorities identified by the Secretary in the national strategy under section 3121 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009; (B)the initiation, maintenance, and long-term sustainability of wellness promotion; adoption of healthy behaviors; and use of evidence-based preventive health services; and (C)populations at high risk of preventable diseases and conditions. (b)

Findings; report

(1)

Submission of findings

The Secretary shall submit the findings of research and demonstration projects under subsection (a) to— (A)the Task Force on Clinical Preventive Services or the Task Force on Community Preventive Services, as appropriate; and (B)the Health Benefits Advisory Committee established by section 223 of the America’s Affordable Health Choices Act of 2009. (2)

Report to Congress

Not later than 18 months after the initiation of research and demonstration projects under subsection (a), the Secretary shall submit a report to the Congress on the progress of such research and projects, including any preliminary findings. (c)

Inclusion in essential benefits package

If, on the basis of the findings of research and demonstration projects under subsection (a) or other sources consistent with section 3131 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009, the Task Force on Clinical Preventive Services determines that a subsidy or reward meets the Task Force’s standards for a grade A or B, the Secretary shall ensure that the subsidy or reward is included in the essential benefits package under section 222 of the America’s Affordable Health Choices Act of 2009. (d)

Inclusion as allowable use of community prevention and wellness services grants

If, on the basis of the findings of research and demonstration projects under subsection (a) or other sources consistent with section 3132 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009, the Task Force on Community Preventive Services determines that a subsidy or reward is effective, the Secretary shall ensure that the subsidy or reward becomes an allowable use of grant funds under section 3151 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009. (e)

Nondiscrimination; no tie to premium or cost sharing

In carrying out this section, the Secretary shall ensure that any subsidy or reward— (1)does not have a discriminatory effect on the basis of any personal characteristic extraneous to the provision of high-quality health care or related services; and (2)is not tied to the premium or cost sharing of an individual under any qualified health benefits plan (as defined in section 100(c) of the America’s Affordable Health Choices Act of 2009). (f)

Definitions

In this Act: (1)The term Task Force on Clinical Preventive Services means the Task Force on Clinical Preventive Services established under section 3131 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009. (2)The term Task Force on Community Preventive Services means Task Force on Community Preventive Services established under section 3132 of the Public Health Service Act, as amended by the America’s Affordable Health Choices Act of 2009. (3)The term Secretary means the Secretary of Health and Human Services. (g)

Authorization of appropriations

To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2011 through 2015.