I 112th CONGRESS 1st Session H. R. 3291 IN THE HOUSE OF REPRESENTATIVES November 1, 2011 Ms. Velázquez introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture and Ways and Means, 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 authorize the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to promote increased access to and consumption of fresh fruits, fresh vegetables, and other healthy foods among residents of such communities, and for other purposes.

1.

Short title

This Act may be cited as the Healthy Foods for Healthy Living Act.

2.

Department of Agriculture grants to promote greater consumption of fresh fruits, fresh vegetables, and other healthy foods in low-income communities

(a)

Grants authorized

The Secretary of Agriculture may make grants for the purposes specified in subsection (b) to any of the following: (1)A community-based organization that operates in a low-income community and carries out one or both of the activities described in subsection (b), as determined by the Secretary. (2)A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b)

Use of grant amounts

The recipient of a grant under this section shall use the grant amounts for one or both of the following activities: (1)To assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives, as defined by the Department of Agriculture, such as healthier dairy and non-dairy alternatives to whole milk, 100 percent pure fruit juices, and products with 0 grams of transfat, available for residents of a low-income community. (2)To carry out consumer education and outreach activities to encourage the purchase of products described in paragraph (1), such as by informing residents of a low-income community about the health risks associated with high-calorie, low-exercise lifestyles and the benefits of healthy living. (c)

Maximum grant

A grant under this section may not exceed $100,000. (d)

Community-Based organization defined

In this section, the term community-based organization includes schools, day-care centers, senior centers, community health centers, food banks, or emergency feeding organizations. (e)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2012.

3.

Coverage of additional primary care and preventive services under the Medicare and Medicaid programs

(a)

Medicare program

(1)

In general

Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended— (A)by adding at the end of paragraph (1) the following: Such term also includes the primary care and preventive services described in paragraph (4).; and (B)by adding at the end the following new paragraph: (4)The primary care and preventive services described in this paragraph are the following, insofar as they are not otherwise covered under this title, when provided by qualified providers: (A)Services for the prevention and treatment of obesity and obesity-related disease. (B)Supervised exercise sessions. (C)Exercise stress testing for the purpose of exercise prescriptions. (D)Lifestyle health improvement education. (E)Culinary arts education for the purpose of promoting proper nutrition. . (2)

Conforming amendments

(A)Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended— (i)by striking and at the end of subparagraph (O); (ii)by adding and at the end of subparagraph (P); and (iii)by adding at the end the following new subparagraph: (Q)in the case of additional primary care and preventive services described in section 1861(ddd)(4), which are performed more frequently than the Secretary may specify; . (B)The first sentence of section 1833(b)(1) of such Act (42 U.S.C. 1395l(b)(1)) is amended by striking for preventive services and all that follows through for the individual and inserting for additional preventive services (as defined in section 1861(ddd)). (b)

Medicaid program

Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended— (1)by striking and at the end of paragraph (28); (2)by redesignating paragraph (29) as paragraph (30); and (3)by inserting after paragraph (28) the following new paragraph: (29)additional preventive services (as defined in section 1861(ddd)(1)) which are not otherwise covered under this subsection; and . (c)

Effective date

The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, regardless of whether regulations to implement the amendments are in effect as of such date.