[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5023 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5023

 To amend the Older Americans Act of 1965 to improve falls prevention 
            research and activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2024

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Older Americans Act of 1965 to improve falls prevention 
            research and activities, 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 ``Stand Strong Falls Prevention Act''.

SEC. 2. ADVISORY COMMITTEE ON FALLS PREVENTION OF THE ADMINISTRATION ON 
              AGING.

    Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et 
seq.) is amended by inserting after section 203A the following:

``SEC. 203B. FALLS PREVENTION ACTIVITIES.

    ``(a) Advisory Committee on Falls Prevention.--
            ``(1) Establishment.--There is established an Advisory 
        Committee on Falls Prevention (referred to in this section as 
        the `Advisory Committee') to advise the Assistant Secretary on 
        developing and maintaining the national plan described in 
        paragraph (2)(A) and carrying out the assessments described in 
        paragraph (2)(C). The Advisory Committee shall be headed by a 
        Chair (referred to in this section as the `Chair').
            ``(2) Duties of the advisory committee.--The Advisory 
        Committee shall--
                    ``(A) be responsible for, and oversee, the creation 
                and maintenance of an integrated national plan to 
                address falls prevention, including through 
                accelerating the development of falls prevention 
                programs, modalities, or interventions that aim to 
                prevent falls and reduce the prevalence and severity of 
                injuries resulting from falls;
                    ``(B) advise and assist the Assistant Secretary in 
                providing information and coordination of falls 
                prevention research and services across all Federal 
                agencies;
                    ``(C) carry out the assessment under subsection 
                (b)(2)(B), including--
                            ``(i) an assessment of--
                                    ``(I) all Federal efforts and 
                                programs related to falls prevention, 
                                including budget requests and 
                                approvals; and
                                    ``(II) the progress of the United 
                                States in addressing falls prevention; 
                                and
                    ``(D) make recommendations, including 
                implementation steps for priority actions, based on 
                such assessment.
            ``(3) Membership.--The Advisory Committee shall be 
        comprised of the following:
                    ``(A) Federal members.--Members of the Advisory 
                Committee shall include the following:
                            ``(i) One representative from each of the 
                        following agencies, appointed by the head of 
                        each such agency:
                                    ``(I) The Centers for Disease 
                                Control and Prevention.
                                    ``(II) The Centers for Medicare & 
                                Medicaid Services.
                                    ``(III) The Indian Health Service.
                                    ``(IV) The National Institutes of 
                                Health.
                                    ``(V) The Office of the Assistant 
                                Secretary for Health.
                                    ``(VI) The National Science 
                                Foundation.
                                    ``(VII) The Department of Veterans 
                                Affairs.
                                    ``(VIII) The Food and Drug 
                                Administration.
                                    ``(IX) The Agency for Healthcare 
                                Research and Quality.
                                    ``(X) The Department of Labor.
                                    ``(XI) The Department of Housing 
                                and Urban Development.
                                    ``(XII) The Office of the Assistant 
                                Secretary for Planning and Evaluation 
                                of the Department of Health and Human 
                                Services.
                                    ``(XIII) The Office of Rural 
                                Development of the Department of 
                                Agriculture.
                                    ``(XIV) The Rehabilitation Services 
                                Administration of the Department of 
                                Education.
                                    ``(XV) The Weatherization 
                                Assistance Program of the Department of 
                                Energy.
                            ``(ii) One designee to be assigned by the 
                        Assistant Secretary from other officials 
                        described in section 203(c)(2).
                    ``(B) Non-federal members.--Members of the Advisory 
                Committee shall include 12 expert members from outside 
                the Federal Government to be appointed by the Assistant 
                Secretary, including the following:
                            ``(i) Two consumer advocates with 
                        demonstrated experience related to falls 
                        prevention.
                            ``(ii) Two health care providers with falls 
                        prevention expertise.
                            ``(iii) Two representatives of State health 
                        departments that have implemented programs 
                        specifically related to falls prevention.
                            ``(iv) Two researchers in falls prevention-
                        related research.
                            ``(v) Two caregivers that have experience 
                        with--
                                    ``(I) patients who fell; or
                                    ``(II) falls prevention.
                            ``(vi) Two voluntary health association 
                        representatives that have demonstrated 
                        experience in patient care and research, 
                        including patient services, referral, support 
                        groups, care consultation, education, and 
                        safety services.
                            ``(vii) Two aging service providers with 
                        falls prevention expertise.
                            ``(viii) Two housing assistance experts 
                        that have demonstrated experience with--
                                    ``(I) research;
                                    ``(II) tenant or homeowner 
                                assistance; or
                                    ``(III) working with housing 
                                nonprofit associations.
                            ``(ix) Two disability service providers 
                        that have experience with assistive technology.
                            ``(x) Two State falls prevention coalition 
                        leaders.
                    ``(C) Chair.--The Assistant Secretary shall appoint 
                one member of the Advisory Committee to serve as Chair.
                    ``(D) Period of appointment; vacancies.--
                            ``(i) In general.--A member of the Advisory 
                        Committee appointed under subparagraph (A) or 
                        (B) shall be appointed for a term of 5 years.
                            ``(ii) Vacancies.--A vacancy in the 
                        Advisory Committee--
                                    ``(I) shall not affect the powers 
                                of the Advisory Committee; and
                                    ``(II) shall be filled in the same 
                                manner as the original appointment.
            ``(4) Meetings.--The Advisory Committee shall meet every 4 
        months, beginning 2 months after all initial members of the 
        Advisory Committee have been appointed.
            ``(5) Initial report.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which all initial members of the Advisory 
                Committee have been appointed, the Advisory Committee 
                shall provide to the Assistant Secretary and Congress--
                            ``(i) an initial evaluation of all 
                        federally funded efforts in programs related to 
                        falls prevention, including educational 
                        programs, home- and community-based programs, 
                        emergency medical services, and hospital or 
                        health system programs, and their outcomes;
                            ``(ii) initial recommendations for priority 
                        actions to expand, eliminate, coordinate, or 
                        condense each such program based on the 
                        performance, mission, and purpose of each such 
                        program;
                            ``(iii) except as provided in subparagraph 
                        (C), a recommendation for developing--
                                    ``(I) under title XVIII of the 
                                Social Security Act (42 U.S.C. 1395 et 
                                seq.), a pilot or demonstration program 
                                to provide--
                                            ``(aa) coverage under such 
                                        title for not less than 20,000 
                                        Medicare beneficiaries of basic 
                                        home modifications to reduce 
                                        falls; and
                                            ``(bb) evidence-based falls 
                                        prevention programs; and
                                    ``(II) under section 1115A of the 
                                Social Security Act (42 U.S.C. 1315a)--
                                            ``(aa) a broad payment 
                                        demonstration model to test 
                                        coverage of basic home 
                                        modifications to reduce falls; 
                                        and
                                            ``(bb) evidence-based falls 
                                        prevention programs;
                            ``(iv) recommendations on how to increase 
                        use by providers, for patients with public or 
                        private health insurance plans, of the falls 
                        risk screening, assessment, intervention, and 
                        follow-up tool developed through the Stopping 
                        Elderly Accidents, Deaths, and Injuries 
                        (STEADI) initiative of the Centers for Disease 
                        Control and Prevention; and
                            ``(v)(I) a report on the status and success 
                        of public education and activation campaigns 
                        related to falls prevention; and
                            ``(II) recommendations for improvements for 
                        future federally funded public education and 
                        activation campaigns related to falls 
                        prevention.
                    ``(B) Recommendations for medicare pilot or 
                demonstration programs.--The recommendation described 
                in subparagraph (A)(iii) may include--
                            ``(i) a recommendation on how the 
                        Administrator of the Centers for Medicare & 
                        Medicaid Services could design, develop, and 
                        test a payment model under title XVIII of the 
                        Social Security Act that combines coverage of 
                        basic home modifications with services that are 
                        furnished by a qualifying provider determined 
                        by such Administrator and are furnished under a 
                        health care provider's supervision; and
                            ``(ii) a recommendation on coverage under 
                        title XVIII of falls prevention services that 
                        are evidence-based (within the meaning of such 
                        term under section 361(a)) to improve patient 
                        care, mitigate mobility and functional 
                        deterioration in functional activities, and 
                        lower program expenditures under such title.
                    ``(C) Exception.--The recommendation required under 
                subparagraph (A)(iii) shall not be required if an Act 
                of Congress, enacted as of the date of enactment of 
                this section, requires the Administrator of the Centers 
                for Medicare & Medicaid Services to develop a program 
                or payment model described in such subparagraph.
            ``(6) Powers of advisory committee.--
                    ``(A) Hearings.--The Advisory Committee may hold 
                such hearings, sit and act at such times and places, 
                take such testimony, and receive such evidence as the 
                Advisory Committee considers advisable to carry out 
                this subsection.
                    ``(B) Information from federal agencies.--
                            ``(i) In general.--The Advisory Committee 
                        may secure directly from a Federal department 
                        or agency such information as the Advisory 
                        Committee considers necessary to carry out this 
                        subsection.
                            ``(ii) Furnishing information.--On request 
                        of the Chair of the Advisory Committee, the 
                        head of the department or agency shall furnish 
                        the information to the Advisory Committee.
                    ``(C) Postal services.--The Advisory Committee may 
                use the United States mails in the same manner and 
                under the same conditions as other departments and 
                agencies of the Federal Government.
                    ``(D) Gifts.--The Advisory Committee may accept, 
                use, and dispose of gifts or donations of services or 
                property.
            ``(7) Advisory committee personnel matters.--
                    ``(A) Compensation of members.--A member of the 
                Advisory Committee who is not an officer or employee of 
                the Federal Government shall be compensated at a rate 
                equal to the daily equivalent of the annual rate of 
                basic pay prescribed for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code, for each day (including travel time) during which 
                the member is engaged in the performance of the duties 
                of the Advisory Committee.
                    ``(B) Travel expenses.--A member of the Advisory 
                Committee shall be allowed travel expenses, including 
                per diem in lieu of subsistence, at rates authorized 
                for employees of agencies under subchapter I of chapter 
                57 of title 5, United States Code, while away from 
                their homes or regular places of business in the 
                performance of services for the Advisory Committee.
            ``(8) Staff.--
                    ``(A) In general.--The Chair of the Advisory 
                Committee may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as may be necessary to enable the Advisory Committee to 
                perform its duties, except that the employment of an 
                executive director shall be subject to confirmation by 
                the Advisory Committee.
                    ``(B) Compensation.--The Chair of the Advisory 
                Committee may fix the compensation of the executive 
                director and other personnel without regard to chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, except that the rate of 
                pay for the executive director and other personnel may 
                not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of that title.
            ``(9) Detail of government employees.--A Federal Government 
        employee may be detailed to the Advisory Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            ``(10) Procurement of temporary and intermittent 
        services.--The Chair of the Advisory Committee may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
            ``(11) Coordination of public education campaigns.--The 
        Director shall share recommendations developed by the Advisory 
        Committee with entities that receive Federal funding for public 
        education campaigns relating to falls prevention, including 
        under section 393D(a) of the Public Health Service Act (42 
        U.S.C. 280b-1f(a)).
            ``(12) Termination.--The Advisory Committee shall terminate 
        on the date that is 10 years after the date on which all 
        initial members are appointed.
    ``(b) Reports Relating to Falls Prevention.--
            ``(1) Data sharing.--Agencies within the Department of 
        Health and Human Services, and other Federal agencies, that 
        have data relating to falls prevention shall share such data 
        with the Assistant Secretary, to enable the Assistant Secretary 
        to complete the reports under paragraph (2).
            ``(2) Regular reports.--The Assistant Secretary shall 
        submit to Congress a report, not later than 1 year after the 
        date of enactment of the Stand Strong Falls Prevention Act and 
        every 4 years thereafter, that includes--
                    ``(A) an evaluation of all federally funded 
                programs and efforts in falls prevention (including 
                education programs, home and community-based programs, 
                and hospital programs and any such programs or efforts 
                included in budget requests and approvals), including 
                an evaluation with respect to the outcomes (including 
                program performance), mission, and purpose of such 
                programs related to falls prevention;
                    ``(B) an assessment of the progress of the United 
                States in addressing falls prevention, as reported by 
                the Advisory Committee under subsection (a)(2)(B);
                    ``(C) an evaluation of the implementation of any 
                pilot or demonstration program or model recommended 
                under subsection (a)(5)(B) or any other pilot or 
                demonstration program described in such subsection that 
                has otherwise been initiated by the Administrator of 
                the Centers for Medicare & Medicaid Services;
                    ``(D) a description of the outcomes of the 
                recommendations of the Advisory Committee under 
                subsection (a)(5), including priorities, if necessary, 
                through an updated national plan under subsection 
                (a)(2)(A);
                    ``(E) recommendations, based on the evaluations, 
                assessment, and outcomes described in subparagraphs (A) 
                through (D), for--
                            ``(i) priority actions to--
                                    ``(I) reduce the financial impact 
                                of falls on expenditures under the 
                                Medicare program under title XVIII of 
                                the Social Security Act (42 U.S.C. 1395 
                                et seq.), the Medicaid program under 
                                title XIX of such Act (42 U.S.C. 1396 
                                et seq.), and other federally funded 
                                programs through falls prevention 
                                initiatives; and
                                    ``(II) improve health outcomes 
                                through such initiatives;
                            ``(ii) priority actions to improve 
                        screening, referral, and interventions to 
                        address falls prevention;
                            ``(iii) expanding pilot or demonstration 
                        programs or models described in subsection 
                        (a)(5)(B) towards implementation on a 
                        nationwide basis in accordance with section 
                        1115A(c) of the Social Security Act (42 U.S.C. 
                        1315a(c)) by 2030; and
                            ``(iv) steps to implement each 
                        recommendation described in this paragraph; and
                    ``(F)(i) a report on the status and success of 
                public education campaigns related to falls prevention; 
                and
                    ``(ii) recommendations for improvements for future 
                federally funded public education campaigns related to 
                falls prevention.
    ``(c) Funding.--
            ``(1) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated such sums as 
        may be necessary for each of fiscal years 2025 through 2029.
            ``(2) Existing amounts.--In addition to any amounts 
        appropriated pursuant to paragraph (1), the Assistant Secretary 
        may carry out this section using amounts otherwise made 
        available to the Assistant Secretary.
    ``(d) Definition.--In this section, the term `falls prevention' 
means prevention of injury from falls that focuses on reducing fall 
risk factors, preventing repeat falls, and preventing falls with 
injuries.''.
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