[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3907 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3907

  To amend the Public Health Service Act to increase access to health 
 care for individuals with disabilities and increase awareness of the 
need for health care facilities and examination rooms to be accessible 
       for individuals with disabilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

 Mr. Dodd (for himself and Mr. Brown of Ohio) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to increase access to health 
 care for individuals with disabilities and increase awareness of the 
need for health care facilities and examination rooms to be accessible 
       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 ``Debbie Blanchard Access to Health 
Care for Individuals With Disabilities Act of 2010''.

SEC. 2. FINDINGS.

            (1) According to the Bureau of the Census, approximately 1 
        in 5 people in the United States lives with some sort of 
        physical disability.
            (2) More than 54,000,000 individuals in the United States 
        report some level of disability and approximately 34,000,000 of 
        such individuals are classified as having a severe disability.
            (3) An estimated 11,000,000 individuals aged 6 and older 
        need personal assistance with everyday activities, including 
        taking a bath or shower, preparing meals, and getting around 
        the home.
            (4) Five percent of the United States population over age 
        15 uses a wheelchair or similar device, cane, crutches, or 
        walker.
            (5) The number of individuals with physical disabilities 
        continues to increase, and the Centers for Disease Control and 
        Prevention recently announced that the agency was revising its 
        estimate of the number of individuals with spina bifida, the 
        most common permanently disabling birth defect in the United 
        States, from an estimated 70,000 to an estimated 166,000.
            (6) Studies have found that individuals with disabilities 
        have significant difficulty in accessing routine and 
        specialized health care and that numerous barriers to acquiring 
        health care exist for such individuals.
            (7) Approximately 1 in 3 women with a disability reports 
        being denied services at a physician's office solely because of 
        her disability.
            (8) Research shows that women with disabilities are less 
        likely to have pap smears and mammograms, are more likely to be 
        diagnosed with breast cancer at later stages of the disease, 
        are less likely to receive standard treatments, and are more 
        likely to have worse outcomes.
            (9) Individuals with disabilities report that one of the 
        top barriers to accessing necessary health care is the 
        inability to find an accessible health care provider or 
        identify providers who understand how to treat individuals with 
        disabilities and who are willing to have such individuals as 
        patients.
            (10) The Spina Bifida Association recently announced that 
        one of its volunteers, Debbie Blanchard, a woman who lived with 
        spina bifida for 55 years, died from a late stage diagnosis of 
        cervical cancer stemming from her inability to find a health 
        care provider in her community who had an examination table 
        that would lower to the level necessary for her to comfortably 
        and safely transfer from her wheelchair to the examination 
        table so she could be screened for cervical cancer.
            (11) Organizations representing individuals with 
        disabilities report that such individuals need more and better 
        information regarding accessible health care providers in their 
        communities and additional support and resources to help ensure 
        that such individuals receive the care they need and deserve.

SEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH 
              DISABILITIES.

    Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) 
is amended by adding after part V the following:

 ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS 
                           WITH DISABILITIES

``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE 
              PROVIDER DIRECTORIES.

    ``(a) In General.--The Secretary shall award grants to States for 
the purpose of developing and maintaining or updating and improving 
State-based, Internet directories of health care providers that are 
known to have entrances, examination rooms, and examination tables 
accessible to individuals with disabilities. Such grants shall be 
formula-based, factoring in each State's population of individuals with 
disabilities.
    ``(b) Definition.--In this part, the term `individual with a 
disability' has the meaning given such term in section 7(20) of the 
Rehabilitation Act of 1973.
    ``(c) Requirement of Application.--To be eligible to receive a 
grant under this section, a State shall submit to the Secretary an 
application at such time, in such manner, and containing such 
agreements, assurances, and information as the Secretary may require. 
Applications shall explain how individuals with disabilities and health 
care providers may submit information for inclusion in the Internet 
directory of the State.
    ``(d) Authorized Activities.--
            ``(1) In general.--Recipients of a grant under this section 
        shall use grant funds to--
                    ``(A) develop and maintain an Internet directory or 
                other such publicly available directory of information 
                regarding individual providers, clinics, hospitals, and 
                other health care facilities and providers in the State 
                that are known to have entrances, examination rooms, 
                and examination tables accessible to individuals with 
                disabilities; or
                    ``(B) update or improve an existing, publicly 
                available directory of information regarding individual 
                providers, clinics, hospitals, and other health care 
                facilities and providers in the State that are known to 
                have entrances, examination rooms, and examination 
                tables accessible to individuals with disabilities.
            ``(2) Directory contents.--Each directory developed and 
        maintained by a grant recipient, as described in paragraph 
        (1)(A) or updated and improved by a grant recipient, as 
        described in paragraph (1)(B), shall include--
                    ``(A) the full name, address, and telephone number 
                of each provider, clinic, hospital, and health care 
                facility included in the directory; and
                    ``(B) specific information about the accommodations 
                provided by each such provider, clinic, hospital, and 
                health care facility to individuals with disabilities.

``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED 
              FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH 
              DISABILITIES.

    ``(a) Pilot Program.--
            ``(1) In general.--The Secretary, acting through the Office 
        on Disability of the Department of Health and Human Services 
        and in collaboration with national organizations representing 
        individuals with disabilities and health professional 
        societies, shall establish a pilot program to increase the 
        awareness of health care providers of the need to offer 
        accessible environments and examination rooms and examination 
        tables for individuals with disabilities and to increase 
        voluntary compliance with Federal accessibility requirements.
            ``(2) Development and dissemination of resources.--The 
        Secretary shall ensure that, under the pilot program 
        established under paragraph (1), resources are developed for, 
        and distributed to, health care providers to increase awareness 
        of the need to offer accessible environments and examination 
        rooms and examination tables for individuals with disabilities. 
        Such resources shall include supportive information with 
        respect to--
                    ``(A) accommodating individuals with disabilities;
                    ``(B) modifications that can be made to physical 
                environments to ensure accessibility; and
                    ``(C) training regarding how to safely accommodate 
                an individual in a wheelchair.
            ``(3) Targeted providers.--The pilot program shall be 
        designed to target health care professionals and health care 
        providers, including--
                    ``(A) primary care providers, such as physicians, 
                nurse practitioners, and physician assistants, and the 
                individuals who answer the telephones in the offices of 
                such providers;
                    ``(B) dentists and the individuals who answer the 
                telephones in the offices of dentists;
                    ``(C) health care clinics, including community 
                health centers and radiology and imaging centers;
                    ``(D) inpatient and outpatient hospitals, 
                ambulatory surgery centers, urgent care centers, and 
                rehabilitation facilities; and
                    ``(E) specialists, such as obstetricians and 
                gynecologists.
            ``(4) Program materials and messages.--Any materials and 
        messages of the pilot program, including the resources designed 
        and distributed as described in paragraph (2), shall reflect 
        and incorporate information, findings, and materials otherwise 
        developed by the Federal Government, such as information 
        available through the `Right to Know Health Promotion Campaign' 
        of the Centers for Disease Control and Prevention, and shall be 
        field-tested and presented to focus groups to ensure 
        effectiveness.
            ``(5) Program evaluation.--The Secretary shall conduct an 
        evaluation of the effectiveness of the pilot program and make 
        any necessary revisions to the program to ensure effectiveness 
        and support in nationwide implementation of the program.
    ``(b) Information for Individuals With Disabilities.--
            ``(1) In general.--The Secretary, acting through the Office 
        on Disability of the Department of Health and Human Services, 
        in collaboration with national organizations representing 
        individuals with disabilities, shall develop and disseminate 
        resources to support individuals with disabilities in finding 
        providers that are accessible to such individuals.
            ``(2) Contents.--The resources described in paragraph (1) 
        shall--
                    ``(A) include a concise list of questions for 
                individuals with disabilities to ask when calling a 
                health care provider for the first time to schedule an 
                appointment, and suggestions for explaining the special 
                needs of such individual to the provider and for 
                seeking accommodation from the provider;
                    ``(B) be culturally appropriate and at appropriate 
                literacy levels for the target audience;
                    ``(C) reflect and incorporate information, 
                findings, and materials otherwise developed by the 
                Federal Government, such as information available 
                through the `Right to Know Health Promotion Campaign' 
                of the Centers for Disease Control and Prevention;
                    ``(D) be field-tested and presented to focus groups 
                to ensure effectiveness; and
                    ``(E) be disseminated on the Internet and through 
                other means to ensure that individuals with 
                disabilities receive support and assistance in their 
                efforts to identify accessible health care providers in 
                their communities.

``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS.

    ``(a) Establishment of the Advisory Committee.--The Secretary shall 
establish a National Advisory Committee on Access to Health Care for 
Individuals With Disabilities (referred to in this section as the 
`Advisory Committee') to support implementation of this part and to 
ensure interagency coordination of efforts to improve access to care 
for individuals with disabilities.
    ``(b) Responsibilities.--The responsibilities of the Advisory 
Committee shall include--
            ``(1) reviewing applications for grants under section 
        399OO;
            ``(2) evaluating the grant program under section 399OO;
            ``(3) reviewing and providing feedback on the resources and 
        other materials developed under section 399OO-1;
            ``(4) assisting with the dissemination of the information 
        and resources developed under sections 399OO and 399OO-1; and
            ``(5) ensuring coordination of efforts within the 
        Department of Health and Human Services to increase access to 
        care for individuals with disabilities and to disseminate 
        information regarding accessible entrances, examination rooms, 
        and tables of health care providers.
    ``(c) Membership.--
            ``(1) In general.--The members of the Advisory Committee 
        shall include representatives of--
                    ``(A) the Office on Disability of the Department of 
                Health and Human Services;
                    ``(B) the Office of Minority Health of the 
                Department of Health and Human Services;
                    ``(C) the Office for Civil Rights of the Department 
                of Health and Human Services;
                    ``(D) the Health Resources and Services 
                Administration, including the Bureau of Primary Health 
                Care, the Office of Minority Health and Health 
                Disparities, and the Office of Equal Opportunity and 
                Civil Rights of such administration;
                    ``(E) the Centers for Disease Control and 
                Prevention;
                    ``(F) the Agency for Healthcare Research and 
                Quality;
                    ``(G) the Centers for Medicare & Medicaid Services;
                    ``(H) other Federal agencies, such as the 
                Department of Veterans Affairs, as appropriate;
                    ``(I) at least 5 private nonprofit organizations 
                that are dedicated to improving the quality of life of, 
                and facilitating access to health care for, individuals 
                with disabilities; and
                    ``(J) at least 3 health professional societies.
            ``(2) Voluntary service.--Members of the Advisory Committee 
        shall serve without compensation.

``SEC. 399OO-3. REPORT TO CONGRESS.

    ``The Secretary shall, not later than 1 year after the date of 
enactment of this part and annually thereafter, submit to Congress a 
report summarizing the activities, findings, outcomes, and 
recommendations resulting from the grant and pilot programs and other 
activities under this part.

``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part, 
such sums as may be necessary for fiscal years 2011 through 2015.''.
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