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.

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:

Programs to promote accessible health care for individuals with disabilities

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.

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.

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.

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.

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.