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H.R.3250
Health Care Fairness Act of 1999 (Introduced in the
House)
TITLE IV--MEDICAL EDUCATION
SEC. 401. GRANTS FOR HEALTH CARE EDUCATION CURRICULUM DEVELOPMENT.
Part F of title VII of the Public Health Service Act (42 U.S.C. 295j et
seq.) is amended by inserting after section 791 the following:
`SEC. 791A. GRANTS FOR HEALTH PROFESSIONAL EDUCATION CURRICULUM DEVELOPMENT.
`(a) GRANTS FOR GRADUATE
EDUCATION CURRICULUM
DEVELOPMENT-
`(1) IN GENERAL- The Secretary, acting through the Administrator of the
Health Resources and Services Administration and in collaboration with the
Administrator for Health Care Policy and Research and the Deputy Assistant
Secretary for Minority Health, may make awards of grants, contracts, or
cooperative agreements to public and nonprofit private entities for the
purpose of carrying out research projects and demonstration projects to
develop curricula to reduce disparity in health care outcomes, including
curricula for cultural competency in graduate medical education .
`(2) ELIGIBILITY- To be eligible to receive a grant, contract or
cooperative agreements under paragraph (1), an entity shall--
`(A) be a school of medicine, school or osteopathic medicine, school
or dentistry, school of public health, school of nursing, or other
recognized health profession school; and
`(B) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
`(3) USE OF FUNDS- An entity shall use amounts received under a grant
under paragraph (1) to carry out research projects and demonstration
projects to develop curricula to reduce disparity in health care outcomes,
including curricula for cultural competency in graduate medical education .
`(4) NUMBER OF GRANTS AND GRANT TERM- The Secretary shall award 20
grants, contracts or cooperative agreements (or combination thereof) under
paragraph (1) in each of the first and second fiscal years for which funds
are available under subsection (f). The term of each such grant, contract or
cooperative agreement shall be 3 years.
`(b) GRANTS FOR CONTINUING HEALTH PROFESSIONAL EDUCATION CURRICULUM DEVELOPMENT-
`(1) IN GENERAL- The Secretary, acting through the Health Resources and
Services Administration and the Agency for Health Care Policy and Research
and in collaboration with the Office of Minority Health, shall award grants
to eligible entities for the establishment of demonstration and pilot
projects to develop curricula to reduce disparity in health care and health
outcomes, including curricula for cultural competency, in continuing medical education .
`(2) ELIGIBILITY- To be eligible to receive a grant under paragraph (1)
an entity shall--
`(A) be a school of medicine, osteopathic medicine, public health,
dentistry, optometry, pharmacy, allied health, chiropractic, podiatric
medicine, nursing, and public health and health administration, public or
nonprofit private school that offers graduate programs in behavioral
and mental health, program for the training of physician assistants,
health professional association, or other public or nonprofit health
educational entity, or any consortium of entities described in this
subparagraph; and
`(B) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
`(3) USE OF FUNDS- An entity shall use amounts received under a grant
under paragraph (1) to develop and evaluate the effect and impact of
curricula for continuing medical education courses or programs to
provide education concerning
issues relating to disparity in health care and health outcomes, including
cultural competency of health professionals. Such curricula shall focus on
the need to remove bias from health care at a personal level as well as at a
systematic level.
`(4) NUMBER OF GRANTS AND GRANT TERM- The Secretary shall award 20
grants under paragraph (1) in each of the first and second fiscal years for
which funds are available under subsection (f). The term of each such grant
shall be 3 years.
`(c) DISTRIBUTION OF PROJECTS- The Secretary shall ensure that, to the
extent practicable, projects under subsections (a) and (b) are carried out in
each of the principal geographic regions of the United States and involve
different racial and ethnic minority groups and health professions.
`(d) MONITORING- An entity that receives a grant, contract or cooperative
agreement under subsection (a) or (b) shall ensure that procedures are in
place to monitor activities undertaken using grant, contract or cooperative
agreement funds. Such entity shall annually prepare and submit to the
Secretary a report concerning the effectiveness of curricula developed under
the grant contract or cooperative agreement.
`(e) REPORT TO CONGRESS- Not later than January 1, 2002, the Secretary
shall prepare and submit to the appropriate committees of Congress, a report
concerning the effectiveness of programs funded under this section and a plan
to encourage the implementation and utilization of curricula to reduce
disparity in health care and health outcomes. A final report shall be
submitted by the Secretary not later than January 1, 2004.
`(f) DEFINITION- For purposes of this section, the term `racial and ethnic
minority group' has the meaning given such term in section 1707.
`(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section, $3,500,000 for fiscal year 2000,
$7,000,000 for fiscal year 2001, $7,000,000 for fiscal year 2002, and
$3,500,000 for fiscal year 2003.'.
SEC. 402. NATIONAL CONFERENCE ON CONTINUING HEALTH PROFESSIONAL EDUCATION AND DISPARITY IN HEALTH
OUTCOMES.
(a) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary of Health and Human Services shall convene a national
conference on continuing medical
education as a method for
reducing disparity in health care and health outcomes, including continuing
medical education on cultural competency. The
conference shall include sessions to address measurements of outcomes to
assess the effectiveness of curricula in reducing disparity.
(b) PARTICIPANTS- The Secretary of Health and Human Services shall invite
minority health advocacy groups, health education entities described in
section 741(b)(1) of the Public Health Service Act (as added by section 401),
and other interested parties to attend the conference under subsection (a).
(c) ISSUES- The national conference convened under subsection (a) shall
address issues relating to the role of continuing medical education in the effort to reduce
disparity in health care and health outcomes, including the role of continuing
medical education in improving the cultural
competency of health professionals. The conference shall focus on methods to
achieve reductions in the disparities in health care and health outcomes
through continuing medical education courses or programs and on
strategies for measuring the effectiveness of curricula to reduce
disparities.
(d) PUBLICATION OF FINDINGS- Not later than 6 months after the convening
of the national conference under subsection (a), the Secretary of Health and
Human Services shall publish in the Federal Register a summary of the
proceedings and the findings of the conference.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 403. CONTINUING MEDICAL
EDUCATION INCENTIVE PROGRAM.
(a) IN GENERAL- The Secretary of Health and Human Services shall develop
and implement a program to provide incentives to health maintenance
organizations, community health centers, rural health centers, and other
entities providing services under title XVIII or XIX of the Social Security
Act (42 U.S.C. 1395 et seq. or 1396 et seq.) to encourage health care
professionals employed by, or under contract with, such entities to
participate in continuing medical education programs designed to
decrease the disparity of health across racial and ethnic minority groups.
(b) EFFECTIVE PROGRAMS- In developing the program under subsection (a),
the Secretary of Health and Human Services shall ensure that incentives are
targeted at programs that address each of the following issues:
(1) Implementing new curricula or strategies for continuing medical education programs designed to
decrease the disparity of health across racial and ethnic minority groups or
of continuing medical education curricula or strategies
that have been proven effective in decreasing the disparity of health across
racial and ethnic minority groups.
(2) Encouraging health professionals to participate in such
curricula.
(3) Monitoring health care and health outcomes as a way in which to
evaluate the effectiveness of continuing medical education programs in decreasing the
disparity of health across racial and ethnic minority groups.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 404. ADVISORY COMMITTEE.
(a) ESTABLISHMENT- The Secretary of Health and Human Services shall
establish an advisory committee the provide advice to the Secretary on matters
related to the development, implementation, and evaluation of graduate and continuing education curricula for health care
professionals to decrease the disparity in health care and health outcomes,
including curricula on cultural competency as a method of eliminating health
disparity.
(b) MEMBERSHIP- Not later than 3 months after the date on which amounts
are appropriated to carry out this section, the Secretary of Health and Human
Services shall appoint the members of the advisory committee. Such members
shall be appointed from among individuals who--
(1) are not officers or employees of the Federal Government;
(2) are experienced in issues relating to health disparity;
(3) are minorities or representatives of racial and ethnic minority
groups; and
(4) meet such other requirements as the Secretary determines
appropriate;
and shall include a representative of the Office of Minority Health under
section 1707 of the Public Health Service Act (42 U.S.C. 300u-6) and such
other representatives of offices and agencies of the Public Health Service as
the Secretary determines to be appropriate. Such representatives shall include
1 or more individuals who serve on the advisory committee under section
1707(c) of such Act.
(c) COLLABORATION- The advisory committee shall carry out its duties under
this section in collaboration with the Office of Minority Health of the
Department of Health and Human Services, and other offices centers and
institutes of the Department of Health and Human Services, and other Federal
agencies.
(d) TERMINATION- The advisory committee shall terminate on the date that
is 4 years after the date on which the first member of the committee is
appointed.
(e) EXISTING COMMITTEE- The Secretary may designate an existing advisory
committee operating under the authority of the Office of Minority Health of
the Department of Health and Human Services to serve as the advisory committee
under this section.
SEC. 405. CULTURAL COMPETENCY CLEARINGHOUSE.
(a) ESTABLISHMENT- The Director of the Office of Minority Health of the
Department of Health and Human Services shall establish within the Resource
Center of the Office of Minority Health, or through the awarding of a grant
provide for the establishment of, an information clearinghouse for curricula
to reduce disparity in health care and health outcomes. The clearinghouse
shall facilitate and enhance, through the effective dissemination of
information, knowledge and understanding of practices that lead to decreases
in the disparity of health across racial and ethnic minority groups, including
curricula for continuing medical
education to develop cultural
competency in health care professionals.
(b) AVAILABILITY OF INFORMATION- Information contained in the
clearinghouse shall be made available to minority health advocacy groups,
health education entities
described in section 791A(b)(2)(A) of the Public Health Service Act (as added
by section 401), health maintenance organizations, and other interested
parties.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. OFFICE FOR CIVIL RIGHTS.
(a) PUBLIC AWARENESS CAMPAIGN-
(1) IN GENERAL- The Secretary of Health and Human Services shall conduct
a national media campaign for the purpose of informing the public of the
programs and activities of the Office for Civil Rights, Department of Health
and Human Services. The campaign shall--
(A) have a specific focus on racial and ethnic minority communities,
as well as the general public; and
(B) involve racial and ethnic media as participants in the design and
conduct of the campaign.
(2) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out
paragraph (1), there are authorized to be appropriated such sums as may be
necessary for fiscal year 2000.
(b) OMBUDSMAN DEMONSTRATION PROGRAM-
(1) IN GENERAL- The Secretary of Health and Human Services (in this
subsection referred to as the `Secretary') shall carry out a demonstration
program under which the Secretary makes grants to States for the purpose of
establishing and operating State offices to identify, investigate, and
facilitate the resolution of complaints relating to civil rights, and to
carry out functions authorized pursuant to paragraph (3) (which office is
referred to in this subsection as the `State Ombudsman Office').
(2) OMBUDSMAN- The Secretary shall require that each State Ombudsman
Office under paragraph (1) be headed by an individual with expertise and
experience in the field of civil rights and advocacy.
(3) CERTAIN REQUIREMENTS AND AUTHORITIES- In carrying out paragraph (1),
the Secretary shall consider the requirements and authorities that apply to
the operation of State offices under chapter 2 of subtitle A of title VII of
the Older Americans Act of 1965 (relating to State Long-Term Care Ombudsman
Programs). In providing for State Ombudsman Offices under paragraph (1), the
Secretary may establish requirements and authorities with respect to civil
rights that are the same as or similar to the requirements and authorities
that apply under such chapter 2 with respect to residents of long-term care
facilities.
(c) FUNDING- There are authorized to be appropriated for the Office for
Civil Rights, Department of Health and Human Services, $36,000,000 for fiscal
year 2000 and each subsequent fiscal year.
SEC. 502. DEVELOPMENT OF STANDARDS; STUDY TO MEASURE PATIENT OUTCOMES UNDER
THE MEDICARE AND MEDICAID PROGRAMS BY RACE AND ETHNICITY.
(a) DEVELOPMENT OF STANDARDS- Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services, acting
through the Administrator of the Health Care Financing Administration, shall
develop outcome measures to evaluate, by race and ethnicity, the performance
of health care programs and projects that provide health care to individuals
under the medicare and medicaid programs (under titles XVIII and XIX,
respectively, of the Social Security Act (42 U.S.C. 1395 et seq. and 1396 et
seq.).
(b) STUDY- After the Secretary develops the outcome measures under
subsection (a), the Secretary shall conduct a study that evaluates, by race
and ethnicity, the performance of health care programs and projects referred
to in subsection (a).
(c) REPORT TO CONGRESS- Not later that 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall submit
to Congress a report describing the outcome measures developed under
subsection (a), and the results of the study conducted pursuant to subsection
(b).
SEC. 503. DEPARTMENTAL DEFINITION REGARDING MINORITY INDIVIDUALS.
Section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6) is
amended--
(1) by striking `Asian Americans and' and inserting `Asian Americans;';
and
(2) by inserting `Native Hawaiians and other' before `Pacific
Islanders;'.
SEC. 504. CONFORMING PROVISION REGARDING DEFINITIONS.
For purposes of this Act, the term `racial and ethnic minority group' has
the meaning given such term in section 1707 of the Public Health Service
Act.
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