1.This Act may be cited as the
Measures to Prevent Childhood Obesity
Act of 2012
.
2.Congress finds the following:
(1)Obesity is related
to more than 30 chronic conditions, including diabetes, cancer, cardiovascular
disease, and arthritis.
(2)Obesity has become
a major health concern for millions of Americans, as 1 in 3 adults and nearly 1
in 5 children have obesity, according to the Centers for Disease Control and
Prevention.
(3)Left unchecked,
nearly 50 percent of Americans will be obese by 2030, according to a recent
study.
(4)Rates of obesity
among children and adolescents have nearly tripled since 1980, according to the
Centers for Disease Control and Prevention.
(5)The Centers for
Disease Control and Prevention estimates that more than 75 percent of health
care costs are due to chronic conditions.
(6)A
recent study conducted by researchers at Cornell University and Lehigh
University concluded that obesity accounts for nearly 21 percent of health care
costs in America.
(7)Direct medical
spending on obesity could exceed $300,000,000,000 annually by 2018, according
to an analysis conducted by McKinsey and Company.
(8)Obesity has become
a threat to national security and is the leading medical reason for applicants
failing to qualify for military service, according to a report issued by
Mission:Readiness.
(9)A
report issued by the Trust for America’s Health concludes that reducing the
average body mass index by 5 percent in the United States could lead to more
than $29,000,000,000 in health care savings in five years.
(10)Studies show that
an overweight or obese child or adolescent is significantly more likely to have
obesity as an adult.
(11)Tracking,
measuring, and monitoring body mass index for children is vital in facilitating
a lifetime of healthy behaviors.
(12)Body mass index
should be considered as a vital sign.
3.Measures to
Prevent Childhood Obesity Act
(a)Reporting of
Body Mass Index Information Requirement for children
(1)Subsection (a) of
section 2125 of the Public Health Service Act (42 U.S.C. 300aa–25) is
amended—
(A)by striking and
at the end
of paragraph (3);
(B)by striking the
period and adding , and
at the end of paragraph (4); and
(C)by adding at the
end the following new paragraph:
(5)the age, gender, height, and weight of each
person vaccinated to calculate the body mass index of such
person.
.
(2)Subsection
(b) of such section is amended—
(A)in paragraph (1)—
(i)by
striking and
at the end of subparagraph (B);
(ii)by
redesignating subparagraph (C) as subparagraph (D); and
(iii)by inserting after subparagraph (B) the
following new subparagraph:
(C)the information recorded under subsection
(a)(5), and
;
and
(B)by adding at the
end the following new paragraph:
(4)Each health provider shall also report to
the relevant department of the State in which such health care provider
practices the data collected under subsection
(a)(5).
.
(b)Grants for Body
Mass Index data analysis
(1)The Secretary of Health and Human Services
(in this subsection referred to as the Secretary
) may make
grants to not more than 20 eligible entities to analyze body mass index (in
this section referred to as BMI
) measurements of children, ages
2 through 18.
(2)An eligible entity for purposes of this
section is a State (including the District of Columbia, the Commonwealth of
Puerto Rico, and each territory of the United States) that has a statewide
immunization information system that—
(A)has the capacity
to store basic demographic information (including date of birth, gender, and
geographic area of residence), height, weight, and immunization data for each
resident of the State;
(B)is accessible to
doctors, nurses, other licensed health care professionals, and officials of the
relevant department in the State charged with maintaining health and
immunization records; and
(C)has the capacity
to integrate large amounts of data for the analysis of BMI measurements.
(3)A State that receives a grant under this section shall use
the grant for the following purposes:
(A)Analyzing the
effectiveness of obesity prevention programs and wellness policies carried out
in the State.
(B)Purchasing new
computers, computer equipment, and software to upgrade computers to be used for
a statewide immunization information system.
(C)The hiring and
employment of personnel to maintain and analyze BMI data.
(D)The development
and implementation of training programs for health care professionals to aid
such professionals in taking BMI measurements and discussing such measurements
with patients.
(E)Providing information to parents and legal
guardians in accordance with paragraph (5)(B).
(4)In selecting
recipients of grants under this section, the Secretary shall give priority to
States in which a high percentage of public and private health care providers
submit data to a statewide immunization information system that—
(A)contains immunization data for not less
than 20 percent of the population of such State that is under the age of 18;
and
(B)includes data
collected from men and women who are of a wide variety of ages and who reside
in a wide variety of geographic areas in a State (as determined by the
Secretary).
(5)As
a condition of receiving a grant under this section, a State shall—
(A)ensure that BMI
measurements will be recorded for children ages 2 through 18—
(i)on
an annual basis by a licensed physician, nurse, nurse practitioner, or
physicians assistant during an annual physical examination, wellness visit, or
similar visit with a physician; and
(ii)in
accordance with data collection protocols published by the American Academy of
Pediatrics in the 2007 Expert Committee Recommendations; and
(B)for each child in
the State for whom such measurements indicate a BMI greater than the 95th
percentile for such child’s age and gender, provide to the parents or legal
guardians of such child information on how to lower BMI and information on
State and local obesity prevention programs.
(6)
(A)Not later than 5 years after the receipt of a grant
under this section, the State receiving such grant shall submit to the
Secretary the following reports:
(i)A
report containing an analysis of BMI data collected using the grant,
including—
(I)the differences in
obesity trends by gender, disability, geographic area (as determined by the
State), and socioeconomic status within such State; and
(II)the demographic
groups and geographic areas most affected by obesity within such State.
(ii)A
report containing an analysis of the effectiveness of obesity prevention
programs and State wellness policies, including—
(I)an analysis of the
success of such programs and policies prior to the receipt of the grant;
and
(II)a discussion of
the means to determine the most effective strategies to combat obesity in the
geographic areas identified under clause (i).
(B)Report to
Congress and Certain Executive AgenciesNot later than 1 year
after the Secretary receives all the reports required pursuant to subparagraph
(A), the Secretary shall submit to the Secretary of Education, the Secretary of
Agriculture, and to Congress a report that contains the following:
(i)An
analysis of trends in childhood obesity, including how such trends vary across
regions of the United States, and how such trends vary by gender and
socioeconomic status.
(ii)A description of any programs that—
(I)the Secretary has determined significantly
lower childhood obesity rates for certain geographic areas in the United
States, including urban, rural, and suburban areas; and
(II)the Secretary
recommends to be implemented by the States (including States that did not
receive a grant under this section).
(7)Authorization of
AppropriationsThere are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for each of
fiscal years 2013 through 2018.