[Congressional Record Volume 149, Number 137 (Wednesday, October 1, 2003)]
[House]
[Pages H9049-H9051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  HEALTH CARE SAFETY NET AMENDMENTS TECHNICAL CORRECTIONS ACT OF 2003

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3038) to make certain technical and conforming amendments to 
correct the Health Care Safety Net Amendments of 2002.
  The Clerk read as follows:

                               H.R. 3038

       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 ``Health Care Safety Net 
     Amendments Technical Corrections Act of 2003''.

     SEC. 2. TECHNICAL AMENDMENTS.

       (a) Health Centers.--
       (1) In general.--Section 330 of the Public Health Service 
     Act (42 U.S.C. 254b) is amended to read as if--
       (A) subparagraph (C) of the second paragraph (4) of section 
     101 of Public Law 107-251 had not been enacted;
       (B) paragraph (7)(C) of such section 101 had not been 
     enacted; and
       (C) paragraphs (8) through (11) of such section 101 had not 
     been enacted.
       (2) Amendments per public law 107-251.--Section 330 of the 
     Public Health Service Act (42 U.S.C. 254b), as amended by 
     paragraph (1), is amended--
       (A) in subsection (c)(1)(B), in the matter preceding clause 
     (i), by striking ``plan..'' and inserting ``plan.'';

[[Page H9050]]

       (B) in subsection (d)(1)(B)(iii), in subclause (I), by 
     adding ``or'' at the end;
       (C) by striking subsection (k);
       (D) by redesignating subsection (j) as subsection (k);
       (E) by inserting after subsection (i) a subsection that is 
     identical to the subsection (j) that appears (as an 
     amendment) in section 101(8)(C) of Public Law 107-251;
       (F) by redesignating subsection (l) as subsection (r), by 
     transferring it from its current placement, and by inserting 
     it after subsection (q);
       (G) by inserting before subsection (m) a subsection that is 
     identical to the subsection that appears (as an amendment) in 
     section 101(9) of Public Law 107-251, and by redesignating as 
     subsection (l) the subsection that is so inserted;
       (H) in subsection (l) (as inserted and redesignated by 
     subparagraph (G) of this paragraph), in the first sentence--
       (i) by inserting after ``shall provide'' the following: 
     ``(either through the Department of Health and Human Services 
     or by grant or contract)''; and
       (ii) by striking ``(l)(3)'' and inserting ``(k)(3)'';
       (I) in subsection (p), by striking ``(j)(3)(G)'' and 
     inserting ``(k)(3)(G)''; and
       (J) in subsection (r) (as redesignated, transferred, and 
     inserted by subparagraph (F) of this paragraph)--
       (i) in paragraph (1), by striking ``$802,124,000'' and all 
     that follows through the period and inserting 
     ``$1,340,000,000 for fiscal year 2002 and such sums as may be 
     necessary for each of the fiscal years 2003 through 2006.'';
       (ii) in paragraph (2)(A)--

       (I) by striking ``(j)(3))'' and inserting ``(k)(3))''; and
       (II) by striking ``(j)(3)(G)(ii)'' and inserting 
     ``(k)(3)(H)''; and

       (iii) in paragraph (2), by striking subparagraph (B) and 
     inserting a subparagraph that is identical to the 
     subparagraph (B) that appears (as an amendment) in section 
     101(11)(B)(ii) of Public Law 107-251.
       (b) Rural Health Outreach.--Section 330A(b)(4) of the 
     Public Health Service Act (42 U.S.C. 254c(b)(4)) is amended 
     by striking ``799B'' and inserting ``799B(6)''.
       (c) Telehealth.--Section 330I of the Public Health Service 
     Act (42 U.S.C. 254c-14) is amended--
       (1) in subsection (a)(4), by striking ``799B'' and 
     inserting ``799B(6)''; and
       (2) in subsection (c)(1), by striking ``Health and 
     Resources and Services Administration'' and inserting 
     ``Health Resources and Services Administration''.
       (d) Mental Health Services via Telehealth.--Section 330K of 
     the Public Health Service Act (42 U.S.C. 254c-16) is 
     amended--
       (1) in subsection (b)(2), by striking ``subsection (a)(4)'' 
     and inserting ``subsection (a)(3)''; and
       (2) in subsection (c)(1)--
       (A) in subparagraph (A), by striking ``subsection 
     (a)(4)(A)'' and inserting ``subsection (a)(3)(A)''; and
       (B) in subparagraph (B), by striking ``subsection 
     (a)(4)(B)'' and inserting ``subsection (a)(3)(B)''.
       (e) Telemedicine Incentive Grants.--
       (1) In general.--Subpart I of part D of title III of the 
     Public Health Service Act (42 U.S.C. 254b et seq.) is amended 
     by adding at the end the following:

     ``SEC. 330L. TELEMEDICINE; INCENTIVE GRANTS REGARDING 
                   COORDINATION AMONG STATES.

       ``(a) In General.--The Secretary may make grants to State 
     professional licensing boards to carry out programs under 
     which such licensing boards of various States cooperate to 
     develop and implement State policies that will reduce 
     statutory and regulatory barriers to telemedicine.
       ``(b) Authorization of Appropriations.--For the purpose of 
     carrying out subsection (a), there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2002 through 2006.''.
       (2) Repeal.--Section 102 of the Health Care Safety Net 
     Amendments of 2002 (Public Law 107-251) is repealed.
       (f) Health Professional Shortage Areas.--
       (1) In general.--Section 332 of the Public Health Service 
     Act (42 U.S.C. 254e) is amended--
       (A) in subsection (a)(1)--
       (i) by striking ``such date of enactment'' and inserting 
     ``such date of designation''; and
       (ii) by striking ``, issued after the date of enactment of 
     this Act, that revise'' and inserting ``regarding''; and
       (B) in subsection (a)(3), by striking ``330(h)(4)'' and 
     inserting ``330(h)(5)'';
       (C) in subsection (b)(2), by striking ``designation,.'' and 
     inserting ``designation.''; and
       (D) by adding at the end the following:
       ``(j)(1) The Secretary shall submit the report described in 
     paragraph (2) if the Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, issues--
       ``(A) a regulation that revises the definition of a health 
     professional shortage area for purposes of this section; or
       ``(B) a regulation that revises the standards concerning 
     priority of such an area under section 333A.
       ``(2) On issuing a regulation described in paragraph (1), 
     the Secretary shall prepare and submit to the Committee on 
     Energy and Commerce of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report that describes the regulation.
       ``(3) Each regulation described in paragraph (1) shall take 
     effect 180 days after the committees described in paragraph 
     (2) receive a report referred to in such paragraph describing 
     the regulation.''.
       (2) Repeal.--Subsection (b) of section 302 of the Health 
     Care Safety Net Amendments of 2002 (Public Law 107-251) is 
     repealed.
       (g) Assignment of Corps Personnel.--Section 333(a)(1) of 
     the Public Health Service Act (42 U.S.C. 254f) is amended by 
     moving subparagraph (C) so that the margin of subparagraph 
     (C) is aligned with the margins of subparagraphs (A), (B), 
     and (D).
       (h) Priorities in Assignment of Corps Personnel.--Section 
     333A(c)(4) of the Public Health Service Act (42 U.S.C. 254f-
     1(c)(4)) is amended by striking ``30 days'' and inserting 
     ``30 days from such notification''.
       (i) Charges for Services.--Section 334(b)(1)(B) of the 
     Public Health Service Act (42 U.S.C. 254g(b)(1)(B)) is 
     amended by inserting ``the payment of'' after ``applied to''.
       (j) National Health Service Corps Scholarship Program.--
     Section 338A(d)(1) (42 U.S.C. 254l(d)(1)) is amended by 
     moving subparagraph (B) so that the margin of subparagraph 
     (B) is aligned with the margin of subparagraphs (A) and (C).
       (k) National Health Service Corps Loan Repayment Program.--
     Section 338B(e) of the Public Health Service Act (42 U.S.C. 
     254l-1) is amended by striking ``Participation.--'' and all 
     that follows through ``An individual'' and inserting 
     ``Participation.--An individual''.
       (l) Breach of Contract.--
       (1) In general.--Section 338E of the Public Health Service 
     Act (42 U.S.C. 254o) is amended--
       (A) in subsection (c)(1), by moving subparagraphs (A), (B), 
     and (C), and the flush matter following subparagraph (C), 2 
     ems to the left; and
       (B) by adding at the end the following:
       ``(f) The amendment made by section 313(a)(4) of the Health 
     Care Safety Net Amendments of 2002 (Public Law 107-251) shall 
     apply to any obligation for which a discharge in bankruptcy 
     has not been granted before the date that is 31 days after 
     the date of enactment of such Act.''.
       (2) Repeal.--Subsection (b) of section 313 of the Health 
     Care Safety Net Amendments of 2002 (Public Law 107-251) is 
     repealed.
       (m) Miscellaneous.--The Public Health Service Act (42 
     U.S.C. 201 et seq.) is amended--
       (1) in subsections (g)(1)(G)(ii), (k)(2), and (n)(1)(C) of 
     section 224, and sections 317A(a)(2), 317E(c), and 318A(e), 
     by striking ``330, 330(h)'' and inserting ``330'';
       (2) in section 1313, by striking ``329, 330, and 330(h)'' 
     and inserting ``329 and 330''; and
       (3) in section 2652(a)(2), by striking ``section 340'' and 
     inserting ``section 330(h)''.
       (n) Health Care Safety Net Amendments of 2002.--The Health 
     Care Safety Net Amendments of 2002 (Public Law 107-251) is 
     amended--
       (1) in section 404(c)(5), by striking ``Health Care 
     Financing Administration and the Health Research'' and 
     inserting ``Centers for Medicare & Medicaid Services and the 
     Health Resources''; and
       (2) in section 501, by striking ``solvency for managed care 
     networks'' and inserting ``guarantees of solvency for managed 
     care networks or plans''.

     SEC. 3. EFFECTIVE DATE.

       This Act is deemed to have taken effect immediately after 
     the enactment of Public Law 107-251.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentleman from Ohio (Mr. Brown) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Upton).


                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to insert extraneous material on H.R. 3038.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased that the House is considering H.R. 3038, 
the Health Care Safety Net Amendments Technical Corrections Act of 
2003. H.R. 3038 introduced by the gentleman from Florida (Mr. 
Bilirakis), the subcommittee chairman, makes technical and conforming 
amendments to the Health Care Safety Net Amendments Act of 2002.
  As Members may recall, this act strengthens several public health 
programs for low-income and underserved populations, including 
community health centers and the National Health Service Corps. Just 
this past week, a study conducted by GW University found that community 
health centers have helped to reduce health disparities in areas such 
as infant mortality, prenatal care, TB case rates, and age-adjusted 
death rates. This study highlights the impact that community

[[Page H9051]]

health centers are making in providing underserved Americans with 
access to affordable, high-quality health care.
  H.R. 3038 strengthens the commitment that we have already made to 
community health centers. These changes are indeed technical, and they 
should be made to properly align the U.S. Code and clarify our original 
intent when we passed the bill last year. I urge my colleagues to 
support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from Michigan (Mr. Upton) for 
bringing this bill to the floor today. The Committee on Energy and 
Commerce recently reported out a number of important bills, and I am 
pleased that the House will consider the passage of this bill and two 
others.

                              {time}  1145

  Chairman Bilirakis and I have sponsored the Health Care Safety Net 
Amendments Technical Corrections Act, and the bill is what it says it 
is; it makes a number of what are essentially housekeeping changes to 
important legislation reauthorizing America's network of community 
health centers.
  The legislation that was passed last year was intended to help 
community health centers continue to serve a patient population, as my 
friend from Michigan said, that would otherwise fall through the 
cracks. Passage of these technical corrections will ensure that the 
bill meets this goal.
  I think this bill is particularly important albeit it is a technical 
corrections bill, but it is particularly important as we see articles 
in the paper the last couple of days that the United States has 2.5 
million more uninsured people than it did a year ago. I think this 
bill, while it is something we should do, underscores the failure of 
the Bush administration and of the Congress to address the important 
issues of the 2.5 million uninsured and all the unemployment in this 
country that has caused it.
  Nonetheless, this bill is a step in the right direction. Community 
health centers are essential to take care of those who, neither through 
their workplace nor government, has been provided the health insurance 
that they should have. I ask my colleagues to support the legislation.
  Mr. BEREUTER. Mr. Speaker, this Member wishes to express his strong 
support for the Health Care Safety Net Amendments Technical Corrections 
Act of 2003 (H.R. 3038) and would like to commend the distinguished 
gentleman from Florida [Mr. Bilirakis], the Chairman of the House 
Energy and Commerce Subcommittee on Health, and the distinguished 
gentleman from Ohio [Mr. Brown] the ranking member of the House Energy 
and Commerce Subcommittee on Health, for introducing this important 
legislation. This Member would also like to commend the distinguished 
gentleman from Louisiana [Mr. Tauzin], Chairman of the House Energy and 
Commerce Committee, and the distinguished gentleman from Michigan [Mr. 
Dingell], the ranking member of the House Energy and Commerce 
Committee, for their efforts to improve access to quality preventative 
and primary health care for the medically underserved--including the 
millions of Americans without health insurance coverage.
  Yesterday, Nebraskans celebrated the opening of the People's Health 
Center of Lincoln--the first Federally Qualified Health Center (FQHC) 
in this Member's congressional district. The health center will provide 
valuable primary health care services to the residents of Lincoln and 
Lancaster County.
  As the Peoples' Health Center of Lincoln becomes an established 
entity in the community and begins to grow in terms of size as well as 
patients served, this Member has no doubt that the facility will call 
upon the National Health Service Corps (NHSC) for assistance in meeting 
the critical needs of Nebraska's underserved population.
  This technical corrections bill is extremely important to new and 
current FQHCs across the nation. The measure makes clarifying changes 
to reconfirm that facilities, like the Peoples' Health Center of 
Lincoln, automatically receive Health Professional Shortage Area (HPSA) 
designation, and subsequently become eligible for the placement of 
National Health Service Corps (NHSC) personnel. This Member would 
personally like to thank Representative Bilirakis and his staff for 
their help with clarifying the automatic HPSA language in particular.
  The NHSC and the Health Centers program are both intended to address 
the health care needs of our nation's most underserved rural and urban 
communities. Previous requirements mandated that health centers and 
rural clinics apply for and obtain HPSA designation, even though each 
center already serves a Federally-designated Medically Underserved Area 
or population, to become eligible for the placement of NHSC personnel. 
This process certainly seems unnecessary and duplicative, resulting in 
a delay of needed practitioners at high-need health centers.
  Mr. Speaker, in closing, this Member urges his colleagues to support 
H.R. 3038. Such action will reduce bureaucratic barriers and allow for 
the coordinated use of Federal resources in meeting the health care 
needs of areas that lack sufficient services.
  Mr. BROWN of Ohio. Mr. Speaker, I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shaw). The question is on the motion 
offered by the gentleman from Michigan (Mr. Upton) that the House 
suspend the rules and pass the bill, H.R. 3038.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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