[House Report 108-275]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-275
======================================================================
HEALTH CARE SAFETY NET AMENDMENTS TECHNICAL CORRECTIONS ACT OF 2003
_______
September 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3038]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3038) to make certain technical and conforming
amendments to correct the Health Care Safety Net Amendments of
2002, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
Statement of General Performance Goals and Objectives............ 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 2
Federal Mandates Statement....................................... 3
Advisory Committee Statement..................................... 3
Constitutional Authority Statement............................... 3
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Purpose and Summary
H.R. 3038 makes technical and conforming changes to the
Health Care Safety Net Amendments Act of 2002.
Background and Need for Legislation
On October 22, 2002, President Bush signed into law the
Health Care Safety Net Amendments Act of 2002 (P.L. 107-251),
legislation to strengthen several public health programs for
low-income individuals and the underserved, including Community
Health Centers and the National Health Service Corps. This
lengthy act amended several sections of the Public Health
Service Act, albeit incorrectly. H.R. 3038 aligns the U.S. Code
and makes minor corrections to clarify the original intent of
Congress in order for the Department of Health and Human
Services to fully implement the law as designed.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On September 10, 2003, the Full Committee met in open
markup session and favorably ordered H.R. 3038 reported to the
House by a voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 3038 reported. A motion by Mr. Tauzin to order H.R. 3038
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The goal of H.R. 3038 is to make technical and conforming
changes to the Health Care Safety Net Amendments Act of 2002.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3038, the Health Care Safety Net Amendments Technical
Corrections Act of 2003, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 2003.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3038, the Health
Care Safety Net Amendments Technical Corrections Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Margaret
Nowak.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 3038--Health Care Safety Net Amendments Technical Corrections Act
of 2003
H.R. 3038 would make technical and conforming amendments to
the Health Care Safety Net Amendments of 2002 (Public Law 107-
251). That law reauthorized and expanded the Health Centers and
National Health Service Corps programs, and established the
Community Access Program in statute. CBO estimates that the
bill's changes would have no impact on the Federal budget.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact is Margaret Nowak. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates the short title as the ``Health Care
Safety Net Amendments Technical Corrections Act of 2003.''
Section 2. Technical amendments
Section 2 makes several technical changes to the Health
Care Safety Net Amendments Act of 2002 (P.L. 107-251). It
renumbers and aligns several sections of the Public Health
Service Act, makes grammatical corrections, including period
and comma placement, and corrects misnamed references to
agencies within the Department of Health and Human Services.
Section 2 makes stand-alone provisions in the Health Care
Safety Net Amendments Act of 2002, including telemedicine
incentive grants, part of the Public Health Service Act.
Section 2 also clarifies the original intent of the Health
Care Safety Net Amendments Act of 2002. Section 2 replaces
language inadvertently deleted by the Act to permit the
Department of Health and Human Services to provide technical
assistance either through the Department or by grant or
contract. Further, the technical assistance activities outlined
under the law are not intended to be an exhaustive list; for
example, the Department of Health and Human Services could
provide technical assistance through the planning and
development of networks. Section 2 amends section 332 of the
Public Health Service Act to clarify that Federally qualified
community health centers may be designated as health
professional shortage areas upon date of designation, not the
date of the enactment of the law. It further clarifies section
333A(c)(4) to make priorities in assignment of National Health
Service Corps personnel within 30 days ``from such
notification.'' Section 2 clarifies section 338E of the Public
Health Service Act with regard to loan repayments of National
Health Service Corps personnel. Finally, section 2 clarifies
that the Department of Health and Human Services is to conduct
a study of the Department's ability to provide for
``guarantees'' of solvency for managed care networks or plans
involving health centers receiving funding under section 330 of
the Public Health Service Act.
Section 3. Effective date
Section 3 sets the effective date immediately after the
enactment of Public Law 107-251.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE II--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
Part A--Administration
* * * * * * *
defense of certain malpractice and negligence suits
Sec. 224. (a) * * *
* * * * * * *
(g)(1)(A) * * *
* * * * * * *
(G) In the case of an entity described in paragraph (4) that
has not submitted an application under subparagraph (D):
(i) * * *
(ii) This section does not affect any authority of
the entity to purchase medical malpractice liability
insurance coverage with Federal funds provided to the
entity under section 329, [330, 330(h)] 330, or 340A.
* * * * * * *
(k)(1) * * *
(2) Subject to appropriations, for each fiscal year, the
Secretary shall establish a fund of an amount equal to the
amount estimated under paragraph (1) that is attributable to
entities receiving funds under each of the grant programs
described in paragraph (4) of subsection (g), but not to exceed
a total of $10,000,000 for each such fiscal year.
Appropriations for purposes of this paragraph shall be made
separate from appropriations made for purposes of sections 329,
[330, 330(h)] 330 and 340A.
* * * * * * *
(n)(1) Not later than one year after the date of the
enactment of the Federally Supported Health Centers Assistance
Act of 1995, the Comptroller General of the United States shall
submit to the Congress a report on the following:
(A) * * *
* * * * * * *
(C) The value of private sector risk-management
services, and the value of risk-management services and
procedures required as a condition of receiving a grant
under section 329, [330, 330(h)] 330, or 340A.
* * * * * * *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
* * * * * * *
Part B--Federal-State Cooperation
* * * * * * *
SCREENINGS, REFERRALS, AND EDUCATION REGARDING LEAD POISONING
Sec. 317A. (a) Authority for Grants.--
(1) * * *
(2) Authority regarding certain entities.--With
respect to a geographic area with a need for activities
authorized in paragraph (1), in any case in which
neither the State nor the political subdivision in
which such area is located has applied for a grant
under paragraph (1), the Secretary may make a grant
under such paragraph to any grantee under section 329,
[330, 330(h)] 330, or 340A for carrying out such
activities in the area.
* * * * * * *
PREVENTIVE HEALTH SERVICES REGARDING TUBERCULOSIS
Sec. 317E. (a) * * *
* * * * * * *
(c) Cooperation With Providers of Primary Health Services.--
The Secretary may make a grant under subsection (a) or (b) only
if the applicant for the grant agrees that, in carrying out
activities under the grant, the applicant will cooperate with
public and nonprofit private providers of primary health
services or substance abuse services, including entities
receiving assistance under section 329, [330, 330(h)] 330, or
340A or under title V or XIX.
* * * * * * *
INFERTILITY AND SEXUALLY TRANSMITTED DISEASES
Sec. 318A. (a) * * *
* * * * * * *
(e) Required Providers Regarding Certain Services.--The
Secretary may make a grant under subsection (a) only if the
applicant involved agrees that, in expending the grant to carry
out activities authorized in subsection (c), the services
described in paragraphs (1) through (7) of such subsection will
be provided only through entities that are State or local
health departments, grantees under section 329, [330, 330(h)]
330, 340A, or 1001, or are other public or nonprofit private
entities that provide health services to a significant number
of low-income women.
* * * * * * *
Part D--Primary Health Care
Subpart I--Health Centers
SEC. 330. HEALTH CENTERS.
(a) * * *
* * * * * * *
(c) Planning Grants.--
(1) In general.--
(A) * * *
(B) Comprehensive service delivery networks
and plans.--The Secretary may make grants to
health centers that receive assistance under
this section to enable the centers to plan and
develop a managed care network or [plan..]
plan. Such a grant may only be made for such a
center if--
(i) * * *
* * * * * * *
(d) Managed Care Loan Guarantee Program.--
(1) Establishment.--
(A) * * *
(B) Use of funds.--Loan funds guaranteed
under this subsection may be used--
(i) * * *
* * * * * * *
(iii) to refinance an existing loan
(as of the date of refinancing) to the
center or centers, if the Secretary
determines--
(I) that such refinancing
will be beneficial to the
health center and the Federal
Government; or
* * * * * * *
(e) Operating Grants.--
(1) * * *
* * * * * * *
[(3)] (4) Limitation.--Not more than two grants may
be made under subparagraph (B) of paragraph (1) for the
same entity.
[(4)] (5) Amount.--
(A) In general.--The amount of any grant made
in any fiscal year under paragraph (1) to a
health center shall be determined by the
Secretary, but may not exceed the amount by
which the costs of operation of the center in
such fiscal year exceed the total of--
(i) * * *
* * * * * * *
[(n)] (k) Applications.--
(1) * * *
* * * * * * *
(3) Requirements.--Except as provided in subsection
(e)(1)(B), the Secretary may not approve an application
for a grant under subparagraph (A) or (B) of subsection
(e)(1) unless the Secretary determines that the entity
for which the application is submitted is a health
center (within the meaning of subsection (a)) and
that--
(A) * * *
* * * * * * *
(H) the center has established a governing
board which except in the case of an entity
operated by an Indian tribe or tribal or Indian
organization under the Indian Self-
Determination Act or an urban Indian
organization under the Indian Health Care
Improvement Act (25 U.S.C. 1651 et seq.)--
(i) * * *
* * * * * * *
except that, upon a showing of good cause the
Secretary shall waive, for the length of the
project period, all or part of the requirements
of this subparagraph in the case of a health
center that receives a grant pursuant to
subsection (g), (h), (i), [or (q)] or (p);
* * * * * * *
[(m) Technical Assistance.--The Secretary shall establish a
program through which the Secretary shall provide technical and
other assistance to eligible entities to assist such entities
to meet the requirements of subsection (l)(3). Services
provided through the program may include necessary technical
and nonfinancial assistance, including fiscal and program
management assistance, training in fiscal and program
management, operational and administrative support, and the
provision of information to the entities of the variety of
resources available under this title and how those resources
can be best used to meet the health needs of the communities
served by the entities.]
(l) Technical Assistance.--The Secretary shall establish a
program through which the Secretary shall provide (either
through the Department of Health and Human Services or by grant
or contract) technical and other assistance to eligible
entities to assist such entities to meet the requirements of
subsection (k)(3). Services provided through the program may
include necessary technical and nonfinancial assistance,
including fiscal and program management assistance, training in
fiscal and program management, operational and administrative
support, and the provision of information to the entities of
the variety of resources available under this title and how
those resources can be best used to meet the health needs of
the communities served by the entities.
[(p)] (m) Memorandum of Agreement.--In carrying out this
section, the Secretary may enter into a memorandum of agreement
with a State. Such memorandum may include, where appropriate,
provisions permitting such State to--
(1) * * *
* * * * * * *
[(q)] (n) Records.--
(1) * * *
* * * * * * *
[(r)] (o) Delegation of Authority.--The Secretary may
delegate the authority to administer the programs authorized by
this section to any office, except that the authority to enter
into, modify, or issue approvals with respect to grants or
contracts may be delegated only within the central office of
the Health Resources and Services Administration.
[(s)] (p) Special Consideration.--In making grants under this
section, the Secretary shall give special consideration to the
unique needs of sparsely populated rural areas, including
giving priority in the awarding of grants for new health
centers under subsections (c) and (e), and the granting of
waivers as appropriate and permitted under subsections
(b)(1)(B)(i) and [(j)(3)(G)] (k)(3)(G).
* * * * * * *
[(s)] (r) Authorization of Appropriations.--
(1) In general.--For the purpose of carrying out this
section, in addition to the amounts authorized to be
appropriated under subsection (d), there are authorized
to be appropriated [$802,124,000 for fiscal year 1997,
and such sums as may be necessary for each of the
fiscal years 1998 through 2001.] $1,340,000,000 for
fiscal year 2002 and such sums as may be necessary for
each of the fiscal years 2003 through 2006.
(2) Special provisions.--
(A) Public centers.--The Secretary may not
expend in any fiscal year, for grants under
this section to public centers (as defined in
the second sentence of subsection [(j)(3))]
(k)(3)) the governing boards of which (as
described in subsection [(j)(3)(G)(ii)]
(k)(3)(H)) do not establish general policies
for such centers, an amount which exceeds 5
percent of the amounts appropriated under this
section for that fiscal year. For purposes of
applying the preceding sentence, the term
``public centers'' shall not include health
centers that receive grants pursuant to
subsection (h) or (i).
[(B) Distribution of grants.--
[(i) Fiscal year 1997.--For fiscal
year 1997, the Secretary, in awarding
grants under this section shall ensure
that the amounts made available under
each of subsections (g), (h), and (i)
in such fiscal year bears the same
relationship to the total amount
appropriated for such fiscal year under
paragraph (1) as the amounts
appropriated for fiscal year 1996 under
each of sections 329, 340, and 340A (as
such sections existed one day prior to
the date of enactment of this section)
bears to the total amount appropriated
under sections 329, 330, 340, and 340A
(as such sections existed one day prior
to the date of enactment of this
section) for such fiscal year.
[(ii) Fiscal years 1998 and 1999.--
For each of the fiscal years 1998 and
1999, the Secretary, in awarding grants
under this section shall ensure that
the proportion of the amounts made
available under each of subsections
(g), (h), and (i) is equal to the
proportion of amounts made available
under each such subsection for the
previous fiscal year, as such amounts
relate to the total amounts
appropriated for the previous fiscal
year involved, increased or decreased
by not more than 10 percent.]
(B) Distribution of grants.--For fiscal year
2002 and each of the following fiscal years,
the Secretary, in awarding grants under this
section, shall ensure that the proportion of
the amount made available under each of
subsections (g), (h), and (i), relative to the
total amount appropriated to carry out this
section for that fiscal year, is equal to the
proportion of the amount made available under
that subsection for fiscal year 2001, relative
to the total amount appropriated to carry out
this section for fiscal year 2001.
* * * * * * *
SEC. 330A. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK
DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY
IMPROVEMENT GRANT PROGRAMS.
(a) * * *
(b) Definitions.--
(1) * * *
* * * * * * *
(4) Medically underserved community.--The term
``medically underserved community'' has the meaning
given the term in section [799B] 799B(6).
* * * * * * *
SEC. 330I. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT
PROGRAMS.
(a) Definitions.--In this section:
(1) * * *
* * * * * * *
(4) Medically underserved area.--The term ``medically
underserved area'' has the meaning given the term
``medically underserved community'' in section [799B]
799B(6).
* * * * * * *
(c) Administration.--
(1) Establishment.--There is established in the
[Health and Resources and Services Administration]
Health Resources and Services Administration an Office
for the Advancement of Telehealth. The Office shall be
headed by a Director.
* * * * * * *
SEC. 330K. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH.
(a) * * *
(b) Program Authorized.--
(1) * * *
(2) Populations served.--The Secretary shall award
the grants under paragraph (1) in a manner that
distributes the grants so as to serve equitably the
populations described in subparagraphs (A) and (B) of
subsection [(a)(4)] (a)(3).
(c) Use of Funds.--
(1) In general.--An eligible entity that receives a
grant under this section shall use the grant funds--
(A) for the populations described in
subsection [(a)(4)(A)] (a)(3)(A)--
(i) * * *
* * * * * * *
(B) for the populations described in
subsection [(a)(4)(B)] (a)(3)(B)--
(i) * * *
* * * * * * *
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.
Subpart II--National Health Service Corps Program
* * * * * * *
designation of health professional shortage areas
Sec. 332. (a)(1) For purposes of this subpart the term
``health professional shortage area'' means (A) an area in an
urban or rural area (which need not conform to the geographic
boundaries of a political subdivision and which is a rational
area for the delivery of health services) which the Secretary
determines has a health manpower shortage, (B) a population
group which the Secretary determines has such a shortage, or
(C) a public or nonprofit private medical facility or other
public facility which the Secretary determines has such a
shortage. All Federally qualified health centers and rural
health clinics, as defined in section 1861(aa) of the Social
Security Act (42 U.S.C. 1395x(aa)), that meet the requirements
of section 334 shall be automatically designated as having such
a shortage. Not earlier than 6 years after [such date of
enactment] such date of designation, and every 6 years
thereafter, each such center or clinic shall demonstrate that
the center or clinic meets the applicable requirements of the
Federal regulations[, issued after the date of enactment of
this Act, that revise] regarding the definition of a health
professional shortage area for purposes of this section. The
Secretary shall not remove an area from the areas determined to
be health professional shortage areas under subparagraph (A) of
the preceding sentence until the Secretary has afforded
interested persons and groups in such area an opportunity to
provide data and information in support of the designation as a
health professional shortage area or a population group
described in subparagraph (B) of such sentence or a facility
described in subparagraph (C) of such sentence, and has made a
determination on the basis of the data and information
submitted by such persons and groups and other data and
information available to the Secretary.
* * * * * * *
(3) Homeless individuals (as defined in section [330(h)(4)]
330(h)(5)), seasonal agricultural workers (as defined in
section 330(g)(3)) and migratory agricultural workers (as so
defined)), and residents of public housing (as defined in
section 3(b)(1) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(1))) may be population groups under paragraph
(1).
(b) The Secretary shall establish by regulation criteria for
the designation of areas, population groups, medical
facilities, and other public facilities, in the States, as
health professional shortage areas. In establishing such
criteria, the Secretary shall take into consideration the
following:
(1) * * *
(2) Indicators of a need, notwithstanding the supply
of health manpower, for health services for the
individuals in an area or population group or served by
a medical facility or other public facility under
consideration for [designation,.] designation.
* * * * * * *
(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.
assignment of corps personnel
Sec. 333. (a)(1) The Secretary may assign members of the
Corps to provide, under regulations promulgated by the
Secretary, health services in or to a health professional
shortage area during the assignment period only if--
(A) * * *
* * * * * * *
(C) the entity agrees to comply with the requirements
of section 334; and
* * * * * * *
SEC. 333A. PRIORITIES IN ASSIGNMENT OF CORPS PERSONNEL.
(a) * * *
* * * * * * *
(c) Notifications Regarding Priorities.--
(1) * * *
* * * * * * *
(4) Revisions.--If the Secretary proposes to make a
revision in the list under paragraph (2), and the
revision would adversely alter the status of an entity
with respect to the list, the Secretary shall notify
the entity of the revision. Any entity adversely
affected by such a revision shall be notified in
writing by the Secretary of the reasons for the
revision and shall have [30 days] 30 days from such
notification to file a written appeal of the
determination involved which shall be reasonably
considered by the Secretary before the revision to the
list becomes final. The revision to the list shall be
effective with respect to assignment of Corps members
beginning on the date that the revision becomes final.
* * * * * * *
SEC. 334. CHARGES FOR SERVICES BY ENTITIES USING CORPS MEMBERS.
(a) * * *
(b) Charges for Services.--The following rules shall apply to
charges for health care services provided by an entity to which
a Corps member is assigned:
(1) In general.--
(A) * * *
(B) Schedule of discounts.--Except as
provided in paragraph (2), the entity shall
prepare a corresponding schedule of discounts
(including, in appropriate cases, waivers) to
be applied to the payment of such fees or
payments. In preparing the schedule, the entity
shall adjust the discounts on the basis of a
patient's ability to pay.
* * * * * * *
Subpart III--Scholarship Program and Loan Repayment Program
* * * * * * *
NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM
Sec. 338A. (a) * * *
* * * * * * *
(d)(1) Subject to section 333A, in providing contracts under
the Scholarship Program--
(A) * * *
(B) the Secretary, in considering applications from
individuals accepted for enrollment or enrolled in
dental school, shall consider applications from all
individuals accepted for enrollment or enrolled in any
accredited dental school in a State; and
* * * * * * *
SEC. 338B. NATIONAL HEALTH SERVICE CORPS LOAN REPAYMENT PROGRAM.
(a) * * *
* * * * * * *
(e) Approval Required for [Participation.--
[An individual]
Participation.--An individual becomes a participant in the Loan
Repayment Program only upon the Secretary and the individual
entering into a written contract described in subsection (f).
* * * * * * *
breach of scholarship contract or loan repayment contract
Sec. 338E. (a) * * *
* * * * * * *
(c)(1) If (for any reason not specified in subsection (a) or
section 338G(d)) an individual breaches the written contract of
the individual under section 338B by failing either to begin
such individual's service obligation in accordance with section
338C or 338D or to complete such service obligation, the United
States shall be entitled to recover from the individual an
amount equal to the sum of--
(A) the total of the amounts paid by the United
States under section 338B(g) on behalf of the
individual for any period of obligated service not
served;
(B) an amount equal to the product of the number of
months of obligated service that were not completed by
the individual, multiplied by $7,500; and
(C) the interest on the amounts described in
subparagraphs (A) and (B), at the maximum legal
prevailing rate, as determined by the Treasurer of the
United States, from the date of the breach;
except that the amount the United States is entitled to recover
under this paragraph shall not be less than $31,000.
* * * * * * *
(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.
* * * * * * *
TITLE XIII--HEALTH MAINTENANCE ORGANIZATIONS
* * * * * * *
limitation on source of funding for health maintenance organizations
Sec. 1313. No funds appropriated under any provision of this
Act (except as provided in sections [329, 330, and 330(h)] 329
and 330) other than this title may be used--
(1) * * *
* * * * * * *
TITLE XXVI--HIV HEALTH CARE SERVICES PROGRAM
* * * * * * *
Part C--Early Intervention Services
Subpart I--Categorical Grants
* * * * * * *
SEC. 2652. MINIMUM QUALIFICATIONS OF GRANTEES.
(a) In General.--The entities referred to in section 2651(a)
are public entities and nonprofit private entities that are--
(1) * * *
(2) grantees under section [340] 330(h) (regarding
health services for the homeless);
* * * * * * *
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HEALTH CARE SAFETY NET AMENDMENTS ACT OF 2002
* * * * * * *
TITLE I--CONSOLIDATED HEALTH CENTER PROGRAM AMENDMENTS
* * * * * * *
[SEC. 102. TELEMEDICINE; INCENTIVE GRANTS REGARDING COORDINATION AMONG
STATES.
[(a) In General.--The Secretary of Health and Human Services
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.]
* * * * * * *
TITLE III--NATIONAL HEALTH SERVICE CORPS PROGRAM
* * * * * * *
SEC. 302. DESIGNATION OF HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) * * *
[(b) Regulations.--
[(1) Report.--
[(A) In general.--The Secretary shall submit
the report described in subparagraph (B) if the
Secretary, acting through the Administrator of
the Health Resources and Services
Administration, issues--
[(i) a regulation that revises the
definition of a health professional
shortage area for purposes of section
332 of the Public Health Service Act
(42 U.S.C. 254e); or
[(ii) a regulation that revises the
standards concerning priority of such
an area under section 333A of that Act
(42 U.S.C. 254f-1).
[(B) Report.--On issuing a regulation
described in subparagraph (A), 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.
[(2) Effective date.--Each regulation described in
paragraph (1)(A) shall take effect 180 days after the
committees described in paragraph (1)(B) receive a
report referred to in paragraph (1)(B) describing the
regulation.]
* * * * * * *
SEC. 313. BREACH OF SCHOLARSHIP CONTRACT OR LOAN REPAYMENT CONTRACT.
(a) * * *
[(b) Effective Date.--The amendment made by subsection (a)(4)
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 this Act.]
* * * * * * *
TITLE IV--HEALTHY COMMUNITIES ACCESS PROGRAM
* * * * * * *
SEC. 404. STUDY REGARDING BARRIERS TO PARTICIPATION OF FARMWORKERS IN
HEALTH PROGRAMS.
(a) * * *
* * * * * * *
(c) Consultations.--In conducting the study, the Secretary
shall consult with the following:
(1) * * *
* * * * * * *
(5) Representatives of Federal agencies which are
involved in the provision or financing of health care
to farmworkers, including the [Health Care Financing
Administration and the Health Research] Centers for
Medicare & Medicaid Services and the Health Resources
and Services Administration.
* * * * * * *
TITLE V--STUDY AND MISCELLANEOUS PROVISIONS
SEC. 501. GUARANTEE STUDY.
The Secretary of Health and Human Services shall conduct a
study regarding the ability of the Department of Health and
Human Services to provide for [solvency for managed care
networks] guarantees of solvency for managed care networks or
plans involving health centers receiving funding under section
330 of the Public Health Service Act. The Secretary shall
prepare and submit a report to the appropriate Committees of
Congress regarding such ability not later than 2 years after
the date of enactment of the Health Care Safety Net Amendments
of 2002.
* * * * * * *