[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1721

Public Law 109-307
109th Congress

An Act


 
To amend the Public Health Service Act to reauthorize support for
graduate medical education programs in children's
hospitals. NOTE: Oct. 6, 2006 -  [H.R. 5574]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Children's Hospital GME
Support Reauthorization Act of 2006. 42 USC 201 note. assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Children's Hospital GME Support
Reauthorization Act of 2006''.

SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.

(a) In General.--Section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
(1) in subsection (a), by inserting ``and each of fiscal
years 2007 through 2011'' after ``for each of fiscal years 2000
through 2005'';
(2) in subsection (e)(1), by striking ``26'' and inserting
``12'';
(3) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for each of fiscal years 2007 through
2011, $110,000,000.''; and
(4) in subsection (f)(2)--
(A) in the matter before subparagraph (A), by
striking ``subsection (b)(1)(A)'' and inserting
``subsection (b)(1)(B)'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) for each of fiscal years 2007 through 2011,
$220,000,000.''.

(b) Reduction in Payments for Failure To File Annual Report.--
Subsection (b) of section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
(1) in paragraph (1), in the matter before subparagraph (A),
by striking ``paragraph (2)'' and inserting ``paragraphs (2) and
(3)''; and
(2) by adding at the end the following:
``(3) Annual reporting required.--
``(A) Reduction in payment for failure to report.--

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120 STAT. 1722

``(i) In general.--The amount payable under
this section to a children's hospital for a fiscal
year (beginning with fiscal year 2008 and after
taking into account paragraph (2)) shall be
reduced by 25 percent if the Secretary determines
that--
``(I) the hospital has failed to
provide the Secretary, as an addendum to
the hospital's application under this
section for such fiscal year, the report
required under subparagraph (B) for the
previous fiscal year; or
``(II) such report fails to provide
the information required under any
clause of such subparagraph.
``(ii) Notice and opportunity to provide
missing information.--Before imposing a reduction
under clause (i) on the basis of a hospital's
failure to provide information described in clause
(i)(II), the Secretary shall provide notice to the
hospital of such failure and the Secretary's
intention to impose such reduction and shall
provide the hospital with the opportunity to
provide the required information within a period
of 30 days beginning on the date of such notice.
If the hospital provides such information within
such period, no reduction shall be made under
clause (i) on the basis of the previous failure to
provide such information.
``(B) Annual report.--The report required under this
subparagraph for a children's hospital for a fiscal year
is a report that includes (in a form and manner
specified by the Secretary) the following information
for the residency academic year completed immediately
prior to such fiscal year:
``(i) The types of resident training programs
that the hospital provided for residents described
in subparagraph (C), such as general pediatrics,
internal medicine/pediatrics, and pediatric
subspecialties, including both medical
subspecialties certified by the American Board of
Pediatrics (such as pediatric gastroenterology)
and non-medical subspecialties approved by other
medical certification boards (such as pediatric
surgery).
``(ii) The number of training positions for
residents described in subparagraph (C), the
number of such positions recruited to fill, and
the number of such positions filled.
``(iii) The types of training that the
hospital provided for residents described in
subparagraph (C) related to the health care needs
of different populations, such as children who are
underserved for reasons of family income or
geographic location, including rural and urban
areas.
``(iv) The changes in residency training for
residents described in subparagraph (C) which the
hospital has made during such residency academic
year (except that the first report submitted by
the hospital under this subparagraph shall be for
such changes since the

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120 STAT. 1723

first year in which the hospital received payment
under this section), including--
``(I) changes in curricula, training
experiences, and types of training
programs, and benefits that have
resulted from such changes; and
``(II) changes for purposes of
training the residents in the
measurement and improvement of the
quality and safety of patient care.
``(v) The numbers of residents described in
subparagraph (C) who completed their residency
training at the end of such residency academic
year and care for children within the borders of
the service area of the hospital or within the
borders of the State in which the hospital is
located. Such numbers shall be disaggregated with
respect to residents who completed residencies in
general pediatrics or internal medicine/
pediatrics, subspecialty residencies, and dental
residencies.
``(C) Residents.--The residents described in this
subparagraph are those who--
``(i) are in full-time equivalent resident
training positions in any training program
sponsored by the hospital; or
``(ii) are in a training program sponsored by
an entity other than the hospital, but who spend
more than 75 percent of their training time at the
hospital.
``(D) Report to congress.--Not later than the end of
fiscal year 2011, the Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall submit a report to the Congress--
``(i) summarizing the information submitted in
reports to the Secretary under subparagraph (B);
``(ii) describing the results of the program
carried out under this section; and
``(iii) making recommendations for
improvements to the program.''.

(c) Technical Amendments.--Section 340E of the Public Health Service
Act (42 U.S.C. 256e) is further amended--
(1) in subsection (c)(2)(E)(ii), by striking ``described in
subparagraph (C)(ii)'' and inserting ``applied under section
1886(d)(3)(E) of the Social Security Act for discharges
occurring during the preceding fiscal year'';
(2) in subsection (e)(2), by striking the first sentence;
and

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120 STAT. 1724

(3) in subsection (e)(3), by striking ``made to pay'' and
inserting ``made and pay''.

Approved October 6, 2006.

LEGISLATIVE HISTORY--H.R. 5574 (S. 285):
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HOUSE REPORTS: No. 109-508 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 21, considered and passed House.
Sept. 26, considered and passed Senate, amended.
Sept. 28, House concurred in Senate amendment.