[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2538 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2538

To amend the Public Health Service Act to revise and extend the program 
 for viral hepatitis surveillance, education, and testing in order to 
  prevent deaths from chronic liver disease and liver cancer, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

 Mr. Kirk (for himself and Ms. Hirono) 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 revise and extend the program 
 for viral hepatitis surveillance, education, and testing in order to 
  prevent deaths from chronic liver disease and liver cancer, 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 ``Viral Hepatitis Testing Act of 
2014''.

SEC. 2. REVISION AND EXTENSION OF HEPATITIS SURVEILLANCE, EDUCATION, 
              AND TESTING PROGRAM.

    (a) In General.--Section 317N of the Public Health Service Act (42 
U.S.C. 247b-15) is amended--
            (1) by amending the section heading to read as follows: 
        ``surveillance, education, testing, and linkage to care 
        regarding hepatitis virus'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively; and
            (3) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary shall, in accordance with this 
section, carry out surveillance, education, and testing programs with 
respect to hepatitis B and hepatitis C virus infections (referred to in 
this section as `HBV' and `HCV', respectively). The Secretary may carry 
out such programs directly and through grants to public and nonprofit 
private entities, including States, political subdivisions of States, 
territories, Indian tribes, and public-private partnerships.
    ``(b) National System.--In carrying out subsection (a), the 
Secretary shall, in consultation with States and other public or 
nonprofit private entities and public-private partnerships described in 
subsection (d), establish a national system with respect to HBV and HCV 
with the following goals:
            ``(1) To determine the incidence and prevalence of such 
        infections, including providing for the reporting of acute and 
        chronic cases.
            ``(2) With respect to the population of individuals who 
        have such an infection, to carry out testing programs to 
        increase the number of individuals who are aware of their 
        infection to 50 percent by December 31, 2014, and to 75 percent 
        by December 31, 2016.
            ``(3) To develop and disseminate public information and 
        education programs for the detection and control of such 
        infections.
            ``(4) To improve the education, training, and skills of 
        health professionals in the detection, control, and care and 
        treatment, of such infections.
            ``(5) To provide appropriate referrals for counseling and 
        medical care and treatment of infected individuals and to 
        ensure, to the extent practicable, the provision of appropriate 
        follow-up services.
    ``(c) High-Risk Populations; Chronic Cases.--
            ``(1) In general.--The Secretary shall determine the 
        populations that, for purposes of this section, are considered 
        at high-risk for HBV or HCV. The Secretary shall include the 
        following among those considered at high-risk:
                    ``(A) For HBV, individuals born in countries in 
                which 2 percent or more of the population has HBV or 
                who are a part of a high-risk category as identified by 
                the Centers for Disease Control and Prevention.
                    ``(B) For HCV, individuals born between 1945 and 
                1965 or who are a part of a high-risk category as 
                identified by the Centers for Disease Control and 
                Prevention.
                    ``(C) Those who have been exposed to the blood of 
                infected individuals or of high-risk individuals or who 
                are family members of such individuals.
            ``(2) Priority in programs.--In providing for programs 
        under this section, the Secretary shall give priority--
                    ``(A) to early diagnosis of chronic cases of HBV or 
                HCV in high-risk populations under paragraph (1); and
                    ``(B) to education, and referrals for counseling 
                and medical care and treatment, for individuals 
                diagnosed under subparagraph (A) in order to--
                            ``(i) reduce their risk of dying from end-
                        stage liver disease and liver cancer, and of 
                        transmitting the infection to others;
                            ``(ii) determine the appropriateness for 
                        treatment to reduce the risk of progression to 
                        cirrhosis and liver cancer;
                            ``(iii) receive ongoing medical management, 
                        including regular monitoring of liver function 
                        and screenings for liver cancer;
                            ``(iv) receive, as appropriate, drug, 
                        alcohol abuse, and mental health treatment;
                            ``(v) in the case of women of childbearing 
                        age, receive education on how to prevent HBV 
                        perinatal infection, and to alleviate fears 
                        associated with pregnancy or raising a family; 
                        and
                            ``(vi) receive such other services as the 
                        Secretary determines to be appropriate.
            ``(3) Cultural context.--In providing for services pursuant 
        to paragraph (2) for individuals who are diagnosed under 
        subparagraph (A) of such paragraph, the Secretary shall seek to 
        ensure that the services are provided in a culturally and 
        linguistically appropriate manner.
    ``(d) Public-Private Partnerships.--
            ``(1) In general.--In carrying out this section, and not 
        later than 60 days after the date of the enactment of the Viral 
        Hepatitis Testing Act of 2014, the Secretary shall, in 
        consultation with the Assistant Secretary for Health, the 
        Director of the Centers for Disease Control and Prevention, the 
        Health Resources and Services Administration, the Substance 
        Abuse and Mental Health Services Administration, the Office of 
        Minority Health, the Indian Health Service, other relevant 
        agencies, and non-government stakeholder entities, establish 
        and support public-private partnerships that facilitate the 
        surveillance, education, screening, testing, and linkage to 
        care programs authorized by this section.
            ``(2) Duties.--Public-private partnerships established or 
        supported under paragraph (1) shall--
                    ``(A) focus primarily on the surveillance, 
                education, screening, testing, and linkage to care 
                programs authorized by this section;
                    ``(B) generate resources, in addition to the funds 
                made available pursuant to subsection (f), to carry out 
                the surveillance, education, screening, testing, and 
                linkage to care programs authorized in this section by 
                leveraging Federal funding with non-Federal funding and 
                support;
                    ``(C) allow for investments in such programs of 
                financial or in-kind resources by each of the partners 
                involved in the partnership;
                    ``(D) include corporate and industry entities, 
                academic institutions, public and non-profit 
                organizations, community and faith-based organizations, 
                foundations, and other governmental and non-
                governmental organizations; and
                    ``(E) advance the core goals of each of the 
                partners of the partnership as determined by the 
                Secretary in development of the partnership.
            ``(3) Annual reports.--The Secretary shall provide to the 
        Congress an annual report on the public-private partnerships 
        established under this subsection. Each such report shall 
        include--
                    ``(A) the number of public-private partnerships 
                established;
                    ``(B) specific and quantifiable information on the 
                surveillance, education, screening, testing, and 
                linkage to care activities conducted as well as the 
                outcomes achieved through each of the public-private 
                partnerships;
                    ``(C) the amount of Federal funding or resources 
                dedicated to the public-private partnerships;
                    ``(D) the amount of non-Federal funding or 
                resources leveraged through the public-private 
                partnerships; and
                    ``(E) a plan for the following year that outlines 
                future activities.
            ``(4) Limitation.--No more than 25 percent of the funds 
        made available to carry out this section may be used for 
        public-private partnerships established or supported under this 
        subsection.
            ``(5) Linkage to care.--For purposes of this section, the 
        term `linkage to care' means, with respect to an individual 
        with a diagnosis of HBV or HCV, the referral of such individual 
        to clinical care for a thorough evaluation of their clinical 
        status to determine the need for treatment, vaccination for 
        HBV, or other therapy.
    ``(e) Agency for Healthcare Research and Quality HBV and HCV 
Guidelines.--Due to the rapidly evolving standard of care associated 
with diagnosing and treating viral hepatitis infection, the Director of 
the Agency for Healthcare Research and Quality shall convene the 
Preventive Services Task Force under section 915(a) to review its 
recommendation for screening for HBV and HCV infection every 3 years.
    ``(f) Funding.--
            ``(1) In general.--In addition to any amounts otherwise 
        authorized by this Act, there are authorized to be appropriated 
        to carry out this section--
                    ``(A) $25,000,000 for fiscal year 2014;
                    ``(B) $35,000,000 for fiscal year 2015; and
                    ``(C) $20,000,000 for fiscal year 2016.
            ``(2) Grants.--Of the amounts appropriated pursuant to 
        paragraph (1) for a fiscal year, the Secretary shall reserve 
        not less than 80 percent for making grants under subsection 
        (a).
            ``(3) Source of funds.--The funds made available to carry 
        out this section shall be derived exclusively from the funds 
        appropriated or otherwise made available for planning and 
        evaluation under this Act.''.
    (b) Savings Provision.--The amendments made by this section shall 
not be construed to require termination of any program or activity 
carried out by the Secretary of Health and Human Services under section 
317N of the Public Health Service Act (42 U.S.C. 247b-15) as in effect 
on the day before the date of the enactment of this Act.
                                 <all>