Patient Protection and Affordable Care Act/Title V

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H.R. 3590
the United States Senate
Title V

Contents

TITLE V--HEALTH CARE WORKFORCE[edit]

Subtitle A--Purpose and Definitions[edit]

SEC. 5001. PURPOSE.[edit]

  • The purpose of this title is to improve access to and the delivery of health care services for all individuals, particularly low income, underserved, uninsured, minority, health disparity, and rural populations by--
    • (1) gathering and assessing comprehensive data in order for the health care workforce to meet the health care needs of individuals, including research on the supply, demand, distribution, diversity, and skills needs of the health care workforce;
    • (2) increasing the supply of a qualified health care workforce to improve access to and the delivery of health care services for all individuals;
    • (3) enhancing health care workforce education and training to improve access to and the delivery of health care services for all individuals; and
    • (4) providing support to the existing health care workforce to improve access to and the delivery of health care services for all individuals.

SEC. 5002. DEFINITIONS.[edit]

  • (a) This Title- In this title:
    • (1) ALLIED HEALTH PROFESSIONAL- The term `allied health professional' means an allied health professional as defined in section 799B(5) of the Public Heath Service Act (42 U.S.C. 295p(5)) who--
      • (A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and
      • (B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences, and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
    • (2) HEALTH CARE CAREER PATHWAY- The term `healthcare career pathway' means a rigorous, engaging, and high quality set of courses and services that--
      • (A) includes an articulated sequence of academic and career courses, including 21st century skills;
      • (B) is aligned with the needs of healthcare industries in a region or State;
      • (C) prepares students for entry into the full range of postsecondary education options, including registered apprenticeships, and careers;
      • (D) provides academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options;
      • (E) meets State academic standards, State requirements for secondary school graduation and is aligned with requirements for entry into postsecondary education, and applicable industry standards; and
      • (F) leads to 2 or more credentials, including--
        • (i) a secondary school diploma; and
        • (ii) a postsecondary degree, an apprenticeship or other occupational certification, a certificate, or a license.
    • (3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002).
    • (4) LOW INCOME INDIVIDUAL, STATE WORKFORCE INVESTMENT BOARD, AND LOCAL WORKFORCE INVESTMENT BOARD-
      • (A) LOW-INCOME INDIVIDUAL- The term `low-income individual' has the meaning given that term in section 101 of the Workforce investment Act of 1998 (29 U.S.C. 2801).
      • (B) STATE WORKFORCE INVESTMENT BOARD; LOCAL WORKFORCE INVESTMENT BOARD- The terms `State workforce investment board' and `local workforce investment board', refer to a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821) and a local workforce investment board established under section 117 of such Act (29 U.S.C. 2832), respectively.
    • (5) POSTSECONDARY EDUCATION- The term `postsecondary education' means--
      • (A) a 4-year program of instruction, or not less than a 1-year program of instruction that is acceptable for credit toward an associate or a baccalaureate degree, offered by an institution of higher education; or
      • (B) a certificate or registered apprenticeship program at the postsecondary level offered by an institution of higher education or a non-profit educational institution.
    • (6) REGISTERED APPRENTICESHIP PROGRAM- The term `registered apprenticeship program' means an industry skills training program at the postsecondary level that combines technical and theoretical training through structure on the job learning with related instruction (in a classroom or through distance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and earning incremental wage increases aligned to enhance job proficiency, resulting in the acquisition of a nationally recognized and portable certificate, under a plan approved by the Office of Apprenticeship or a State agency recognized by the Department of Labor.
  • (b) Title VII of the Public Health Service Act- Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended--
    • (1) by striking paragraph (3) and inserting the following:
    • (3) PHYSICIAN ASSISTANT EDUCATION PROGRAM- The term `physician assistant education program' means an educational program in a public or private institution in a State that--
      • (A) has as its objective the education of individuals who, upon completion of their studies in the program, be qualified to provide primary care medical services with the supervision of a physician; and
      • (B) is accredited by the Accreditation Review Commission on Education for the Physician Assistant.'; and
    • (2) by adding at the end the following:
    • (12) AREA HEALTH EDUCATION CENTER- The term `area health education center' means a public or nonprofit private organization that has a cooperative agreement or contract in effect with an entity that has received an award under subsection (a)(1) or (a)(2) of section 751, satisfies the requirements in section 751(d)(1), and has as one of its principal functions the operation of an area health education center. Appropriate organizations may include hospitals, health organizations with accredited primary care training programs, accredited physician assistant educational programs associated with a college or university, and universities or colleges not operating a school of medicine or osteopathic medicine.
    • (13) AREA HEALTH EDUCATION CENTER PROGRAM- The term `area health education center program' means cooperative program consisting of an entity that has received an award under subsection (a)(1) or (a)(2) of section 751 for the purpose of planning, developing, operating, and evaluating an area health education center program and one or more area health education centers, which carries out the required activities described in section 751(c), satisfies the program requirements in such section, has as one of its principal functions identifying and implementing strategies and activities that address health care workforce needs in its service area, in coordination with the local workforce investment boards.
    • (14) CLINICAL SOCIAL WORKER- The term `clinical social worker' has the meaning given the term in section 1861(hh)(1) of the Social Security Act (42 U.S.C. 1395x(hh)(1)).
    • (15) CULTURAL COMPETENCY- The term `cultural competency' shall be defined by the Secretary in a manner consistent with section 1707(d)(3).
    • (16) DIRECT CARE WORKER- The term `direct care worker' has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31-1011], Psychiatric Aides [31-1013], Nursing Assistants [31-1014], and Personal Care Aides [39-9021].
    • (17) FEDERALLY QUALIFIED HEALTH CENTER- The term `Federally qualified health center' has the meaning given that term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)).
    • (18) FRONTIER HEALTH PROFESSIONAL SHORTAGE AREA- The term `frontier health professional shortage area' means an area--
      • (A) with a population density less than 6 persons per square mile within the service area; and
      • (B) with respect to which the distance or time for the population to access care is excessive.
    • (19) GRADUATE PSYCHOLOGY- The term `graduate psychology' means an accredited program in professional psychology.
    • (20) HEALTH DISPARITY POPULATION- The term `health disparity population' has the meaning given such term in section 903(d)(1).
    • (21) HEALTH LITERACY- The term `health literacy' means the degree to which an individual has the capacity to obtain, communicate, process, and understand health information and services in order to make appropriate health decisions.
    • (22) MENTAL HEALTH SERVICE PROFESSIONAL- The term `mental health service professional' means an individual with a graduate or postgraduate degree from an accredited institution of higher education in psychiatry, psychology, school psychology, behavioral pediatrics, psychiatric nursing, social work, school social work, substance abuse disorder prevention and treatment, marriage and family counseling, school counseling, or professional counseling.
    • (23) ONE-STOP DELIVERY SYSTEM CENTER- The term `one-stop delivery system' means a one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)).
    • (24) PARAPROFESSIONAL CHILD AND ADOLESCENT MENTAL HEALTH WORKER- The term `paraprofessional child and adolescent mental health worker' means an individual who is not a mental or behavioral health service professional, but who works at the first stage of contact with children and families who are seeking mental or behavioral health services, including substance abuse prevention and treatment services.
    • (25) RACIAL AND ETHNIC MINORITY GROUP; RACIAL AND ETHNIC MINORITY POPULATION- The terms `racial and ethnic minority group' and `racial and ethnic minority population' have the meaning given the term `racial and ethnic minority group' in section 1707.
    • (26) RURAL HEALTH CLINIC- The term `rural health clinic' has the meaning given that term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)).'.
  • (c) Title VIII of the Public Health Service Act- Section 801 of the Public Health Service Act (42 U.S.C. 296) is amended--
    • (1) in paragraph (2)--
      • (A) by striking `means a' and inserting `means an accredited (as defined in paragraph 6)'; and
      • (B) by striking the period as inserting the following: `where graduates are--
      • (A) authorized to sit for the National Council Licensure EXamination-Registered Nurse (NCLEX-RN); or
      • (B) licensed registered nurses who will receive a graduate or equivalent degree or training to become an advanced education nurse as defined by section 811(b).'; and
    • (2) by adding at the end the following:
    • (16) ACCELERATED NURSING DEGREE PROGRAM- The term `accelerated nursing degree program' means a program of education in professional nursing offered by an accredited school of nursing in which an individual holding a bachelors degree in another discipline receives a BSN or MSN degree in an accelerated time frame as determined by the accredited school of nursing.
    • (17) BRIDGE OR DEGREE COMPLETION PROGRAM- The term `bridge or degree completion program' means a program of education in professional nursing offered by an accredited school of nursing, as defined in paragraph (2), that leads to a baccalaureate degree in nursing. Such programs may include, Registered Nurse (RN) to Bachelor's of Science of Nursing (BSN) programs, RN to MSN (Master of Science of Nursing) programs, or BSN to Doctoral programs.'.

Subtitle B--Innovations in the Health Care Workforce[edit]

SEC. 5101. NATIONAL HEALTH CARE WORKFORCE COMMISSION.[edit]

  • (a) Purpose- It is the purpose of this section to establish a National Health Care Workforce Commission that--
    • (1) serves as a national resource for Congress, the President, States, and localities;
    • (2) communicates and coordinates with the Departments of Health and Human Services, Labor, Veterans Affairs, Homeland Security, and Education on related activities administered by one or more of such Departments;
    • (3) develops and commissions evaluations of education and training activities to determine whether the demand for health care workers is being met;
    • (4) identifies barriers to improved coordination at the Federal, State, and local levels and recommend ways to address such barriers; and
    • (5) encourages innovations to address population needs, constant changes in technology, and other environmental factors.
  • (b) Establishment- There is hereby established the National Health Care Workforce Commission (in this section referred to as the `Commission').
  • (c) Membership-
    • (1) NUMBER AND APPOINTMENT- The Commission shall be composed of 15 members to be appointed by the Comptroller General, without regard to section 5 of the Federal Advisory Committee Act (5 U.S.C. App.).
    • (2) QUALIFICATIONS-
      • (A) IN GENERAL- The membership of the Commission shall include individuals--
        • (i) with national recognition for their expertise in health care labor market analysis, including health care workforce analysis; health care finance and economics; health care facility management; health care plans and integrated delivery systems; health care workforce education and training; health care philanthropy; providers of health care services; and other related fields; and
        • (ii) who will provide a combination of professional perspectives, broad geographic representation, and a balance between urban, suburban, rural, and frontier representatives.
      • (B) INCLUSION-
        • (i) IN GENERAL- The membership of the Commission shall include no less than one representative of--
          • (I) the health care workforce and health professionals;
          • (II) employers;
          • (III) third-party payers;
          • (IV) individuals skilled in the conduct and interpretation of health care services and health economics research;
          • (V) representatives of consumers;
          • (VI) labor unions;
          • (VII) State or local workforce investment boards; and
          • (VIII) educational institutions (which may include elementary and secondary institutions, institutions of higher education, including 2 and 4 year institutions, or registered apprenticeship programs).
        • (ii) ADDITIONAL MEMBERS- The remaining membership may include additional representatives from clause (i) and other individuals as determined appropriate by the Comptroller General of the United States.
      • (C) MAJORITY NON-PROVIDERS- Individuals who are directly involved in health professions education or practice shall not constitute a majority of the membership of the Commission.
      • (D) ETHICAL DISCLOSURE- The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. Members of the Commission shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978. Members of the Commission shall not be treated as special government employees under title 18, United States Code.
    • (3) TERMS-
      • (A) IN GENERAL- The terms of members of the Commission shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed.
      • (B) VACANCIES- Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
      • (C) INITIAL APPOINTMENTS- The Comptroller General shall make initial appointments of members to the Commission not later than September 30, 2010.
    • (4) COMPENSATION- While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of tile 5, United States Code, and while so serving away from home and the member's regular place of business, a member may be allowed travel expenses, as authorized by the Chairman of the Commission. Physicians serving as personnel of the Commission may be provided a physician comparability allowance by the Commission in the same manner as Government physicians may be provided such an allowance by an agency under section 5948 of title 5, United States Code, and for such purpose subsection (i) of such section shall apply to the Commission in the same manner as it applies to the Tennessee Valley Authority. For purposes of pay (other than pay of members of the Commission) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the United States Senate. Personnel of the Commission shall not be treated as employees of the Government Accountability Office for any purpose.
    • (5) CHAIRMAN, VICE CHAIRMAN- The Comptroller General shall designate a member of the Commission, at the time of appointment of the member, as Chairman and a member as Vice Chairman for that term of appointment, except that in the case of vacancy of the chairmanship or vice chairmanship, the Comptroller General may designate another member for the remainder of that member's term.
    • (6) MEETINGS- The Commission shall meet at the call of the chairman, but no less frequently than on a quarterly basis.
  • (d) Duties-
    • (1) RECOGNITION, DISSEMINATION, AND COMMUNICATION- The Commission shall--
      • (A) recognize efforts of Federal, State, and local partnerships to develop and offer health care career pathways of proven effectiveness;
      • (B) disseminate information on promising retention practices for health care professionals; and
      • (C) communicate information on important policies and practices that affect the recruitment, education and training, and retention of the health care workforce.
    • (2) REVIEW OF HEALTH CARE WORKFORCE AND ANNUAL REPORTS- In order to develop a fiscally sustainable integrated workforce that supports a high-quality, readily accessible health care delivery system that meets the needs of patients and populations, the Commission, in consultation with relevant Federal, State, and local agencies, shall--
      • (A) review current and projected health care workforce supply and demand, including the topics described in paragraph (3);
      • (B) make recommendations to Congress and the Administration concerning national health care workforce priorities, goals, and policies;
      • (C) by not later than October 1 of each year (beginning with 2011), submit a report to Congress and the Administration containing the results of such reviews and recommendations concerning related policies; and
      • (D) by not later than April 1 of each year (beginning with 2011), submit a report to Congress and the Administration containing a review of, and recommendations on, at a minimum one high priority area as described in paragraph (4).
    • (3) SPECIFIC TOPICS TO BE REVIEWED- The topics described in this paragraph include--
      • (A) current health care workforce supply and distribution, including demographics, skill sets, and demands, with projected demands during the subsequent 10 and 25 year periods;
      • (B) health care workforce education and training capacity, including the number of students who have completed education and training, including registered apprenticeships; the number of qualified faculty; the education and training infrastructure; and the education and training demands, with projected demands during the subsequent 10 and 25 year periods;
      • (C) the education loan and grant programs in titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.), with recommendations on whether such programs should become part of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq);
      • (D) the implications of new and existing Federal policies which affect the health care workforce, including Medicare and Medicaid graduate medical education policies, titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.), the National Health Service Corps (with recommendations for aligning such programs with national health workforce priorities and goals), and other health care workforce programs, including those supported through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and any other Federal health care workforce programs;
      • (E) the health care workforce needs of special populations, such as minorities, rural populations, medically underserved populations, gender specific needs, individuals with disabilities, and geriatric and pediatric populations with recommendations for new and existing Federal policies to meet the needs of these special populations; and
      • (F) recommendations creating or revising national loan repayment programs and scholarship programs to require low-income, minority medical students to serve in their home communities, if designated as medical underserved community.
    • (4) HIGH PRIORITY AREAS-
      • (A) IN GENERAL- The initial high priority topics described in this paragraph include each of the following:
        • (i) Integrated health care workforce planning that identifies health care professional skills needed and maximizes the skill sets of health care professionals across disciplines.
        • (ii) An analysis of the nature, scopes of practice, and demands for health care workers in the enhanced information technology and management workplace.
        • (iii) An analysis of how to align Medicare and Medicaid graduate medical education policies with national workforce goals.
        • (iv) The education and training capacity, projected demands, and integration with the health care delivery system of each of the following:
          • (I) Nursing workforce capacity at all levels.
          • (II) Oral health care workforce capacity at all levels.
          • (III) Mental and behavioral health care workforce capacity at all levels.
          • (IV) Allied health and public health care workforce capacity at all levels.
          • (V) Emergency medical service workforce capacity, including the retention and recruitment of the volunteer workforce, at all levels.
          • (VI) The geographic distribution of health care providers as compared to the identified health care workforce needs of States and regions.
      • (B) FUTURE DETERMINATIONS- The Commission may require that additional topics be included under subparagraph (A). The appropriate committees of Congress may recommend to the Commission the inclusion of other topics for health care workforce development areas that require special attention.
    • (5) GRANT PROGRAM- The Commission shall--
      • (A) review implementation progress reports on, and report to Congress about, the State Health Care Workforce Development Grant program established in section 5102;
      • (B) in collaboration with the Department of Labor and in coordination with the Department of Education and other relevant Federal agencies, make recommendations to the fiscal and administrative agent under section 5102(b) for grant recipients under section 5102;
      • (C) assess the implementation of the grants under such section; and
      • (D) collect performance and report information, including identified models and best practices, on grants from the fiscal and administrative agent under such section and distribute this information to Congress, relevant Federal agencies, and to the public.
    • (6) STUDY- The Commission shall study effective mechanisms for financing education and training for careers in health care, including public health and allied health.
    • (7) RECOMMENDATIONS- The Commission shall submit recommendations to Congress, the Department of Labor, and the Department of Health and Human Services about improving safety, health, and worker protections in the workplace for the health care workforce.
    • (8) ASSESSMENT- The Commission shall assess and receive reports from the National Center for Health Care Workforce Analysis established under section 761(b) of the Public Service Health Act (as amended by section 5103).
  • (e) Consultation With Federal, State, and Local Agencies, Congress, and Other Organizations-
    • (1) IN GENERAL- The Commission shall consult with Federal agencies (including the Departments of Health and Human Services, Labor, Education, Commerce, Agriculture, Defense, and Veterans Affairs and the Environmental Protection Agency), Congress, the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and, to the extent practicable, with State and local agencies, Indian tribes, voluntary health care organizations, professional societies, and other relevant public-private health care partnerships.
    • (2) OBTAINING OFFICIAL DATA- The Commission, consistent with established privacy rules, may secure directly from any department or agency of the Executive Branch information necessary to enable the Commission to carry out this section.
    • (3) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES- An employee of the Federal Government may be detailed to the Commission without reimbursement. The detail of such an employee shall be without interruption or loss of civil service status.
  • (f) Director and Staff; Experts and Consultants- Subject to such review as the Comptroller General of the United States determines to be necessary to ensure the efficient administration of the Commission, the Commission may--
    • (1) employ and fix the compensation of an executive director that shall not exceed the rate of basic pay payable for level V of the Executive Schedule and such other personnel as may be necessary to carry out its duties (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service);
    • (2) seek such assistance and support as may be required in the performance of its duties from appropriate Federal departments and agencies;
    • (3) enter into contracts or make other arrangements, as may be necessary for the conduct of the work of the Commission (without regard to section 3709 of the Revised Statutes (41 U.S.C. 5));
    • (4) make advance, progress, and other payments which relate to the work of the Commission;
    • (5) provide transportation and subsistence for persons serving without compensation; and
    • (6) prescribe such rules and regulations as the Commission determines to be necessary with respect to the internal organization and operation of the Commission.
  • (g) Powers-
    • (1) DATA COLLECTION- In order to carry out its functions under this section, the Commission shall--
      • (A) utilize existing information, both published and unpublished, where possible, collected and assessed either by its own staff or under other arrangements made in accordance with this section, including coordination with the Bureau of Labor Statistics;
      • (B) carry out, or award grants or contracts for the carrying out of, original research and development, where existing information is inadequate, and
      • (C) adopt procedures allowing interested parties to submit information for the Commission's use in making reports and recommendations.
    • (2) ACCESS OF THE GOVERNMENT ACCOUNTABILITY OFFICE TO INFORMATION- The Comptroller General of the United States shall have unrestricted access to all deliberations, records, and data of the Commission, immediately upon request.
    • (3) PERIODIC AUDIT- The Commission shall be subject to periodic audit by an independent public accountant under contract to the Commission.
  • (h) Authorization of Appropriations-
    • (1) REQUEST FOR APPROPRIATIONS- The Commission shall submit requests for appropriations in the same manner as the Comptroller General of the United States submits requests for appropriations. Amounts so appropriated for the Commission shall be separate from amounts appropriated for the Comptroller General.
    • (2) AUTHORIZATION- There are authorized to be appropriated such sums as may be necessary to carry out this section.
    • (3) GIFTS AND SERVICES- The Commission may not accept gifts, bequeaths, or donations of property, but may accept and use donations of services for purposes of carrying out this section.
  • (i) Definitions- In this section:
    • (1) HEALTH CARE WORKFORCE- The term `health care workforce' includes all health care providers with direct patient care and support responsibilities, such as physicians, nurses, nurse practitioners, primary care providers, preventive medicine physicians, optometrists, ophthalmologists, physician assistants, pharmacists, dentists, dental hygienists, and other oral healthcare professionals, allied health professionals, doctors of chiropractic, community health workers, health care paraprofessionals, direct care workers, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, certified nurse midwives, podiatrists, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), licensed complementary and alternative medicine providers, integrative health practitioners, public health professionals, and any other health professional that the Comptroller General of the United States determines appropriate.
    • (2) HEALTH PROFESSIONALS- The term `health professionals' includes--
      • (A) dentists, dental hygienists, primary care providers, specialty physicians, nurses, nurse practitioners, physician assistants, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, public health professionals, clinical pharmacists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, podiatrists, licensed complementary and alternative medicine providers, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), and integrative health practitioners;
      • (B) national representatives of health professionals;
      • (C) representatives of schools of medicine, osteopathy, nursing, dentistry, optometry, pharmacy, chiropractic, allied health, educational programs for public health professionals, behavioral and mental health professionals (as so defined), social workers, pharmacists, physical and occupational therapists, oral health care industry dentistry and dental hygiene, and physician assistants;
      • (D) representatives of public and private teaching hospitals, and ambulatory health facilities, including Federal medical facilities; and
      • (E) any other health professional the Comptroller General of the United States determines appropriate.

SEC. 5102. STATE HEALTH CARE WORKFORCE DEVELOPMENT GRANTS.[edit]

  • (a) Establishment- There is established a competitive health care workforce development grant program (referred to in this section as the `program') for the purpose of enabling State partnerships to complete comprehensive planning and to carry out activities leading to coherent and comprehensive health care workforce development strategies at the State and local levels.
  • (b) Fiscal and Administrative Agent- The Health Resources and Services Administration of the Department of Health and Human Services (referred to in this section as the `Administration') shall be the fiscal and administrative agent for the grants awarded under this section. The Administration is authorized to carry out the program, in consultation with the National Health Care Workforce Commission (referred to in this section as the `Commission'), which shall review reports on the development, implementation, and evaluation activities of the grant program, including--
    • (1) administering the grants;
    • (2) providing technical assistance to grantees; and
    • (3) reporting performance information to the Commission.
  • (c) Planning Grants-
    • (1) AMOUNT AND DURATION- A planning grant shall be awarded under this subsection for a period of not more than one year and the maximum award may not be more than $150,000.
    • (2) ELIGIBILITY- To be eligible to receive a planning grant, an entity shall be an eligible partnership. An eligible partnership shall be a State workforce investment board, if it includes or modifies the members to include at least one representative from each of the following: health care employer, labor organization, a public 2-year institution of higher education, a public 4-year institution of higher education, the recognized State federation of labor, the State public secondary education agency, the State P-16 or P-20 Council if such a council exists, and a philanthropic organization that is actively engaged in providing learning, mentoring, and work opportunities to recruit, educate, and train individuals for, and retain individuals in, careers in health care and related industries.
    • (3) FISCAL AND ADMINISTRATIVE AGENT- The Governor of the State receiving a planning grant has the authority to appoint a fiscal and an administrative agency for the partnership.
    • (4) APPLICATION- Each State partnership desiring a planning grant shall submit an application to the Administrator of the Administration at such time and in such manner, and accompanied by such information as the Administrator may reasonable require. Each application submitted for a planning grant shall describe the members of the State partnership, the activities for which assistance is sought, the proposed performance benchmarks to be used to measure progress under the planning grant, a budget for use of the funds to complete the required activities described in paragraph (5), and such additional assurance and information as the Administrator determines to be essential to ensure compliance with the grant program requirements.
    • (5) REQUIRED ACTIVITIES- A State partnership receiving a planning grant shall carry out the following:
      • (A) Analyze State labor market information in order to create health care career pathways for students and adults, including dislocated workers.
      • (B) Identify current and projected high demand State or regional health care sectors for purposes of planning career pathways.
      • (C) Identify existing Federal, State, and private resources to recruit, educate or train, and retain a skilled health care workforce and strengthen partnerships.
      • (D) Describe the academic and health care industry skill standards for high school graduation, for entry into postsecondary education, and for various credentials and licensure.
      • (E) Describe State secondary and postsecondary education and training policies, models, or practices for the health care sector, including career information and guidance counseling.
      • (F) Identify Federal or State policies or rules to developing a coherent and comprehensive health care workforce development strategy and barriers and a plan to resolve these barriers.
      • (G) Participate in the Administration's evaluation and reporting activities.
    • (6) PERFORMANCE AND EVALUATION- Before the State partnership receives a planning grant, such partnership and the Administrator of the Administration shall jointly determine the performance benchmarks that will be established for the purposes of the planning grant.
    • (7) MATCH- Each State partnership receiving a planning grant shall provide an amount, in cash or in kind, that is not less that 15 percent of the amount of the grant, to carry out the activities supported by the grant. The matching requirement may be provided from funds available under other Federal, State, local or private sources to carry out the activities.
    • (8) REPORT-
      • (A) REPORT TO ADMINISTRATION- Not later than 1 year after a State partnership receives a planning grant, the partnership shall submit a report to the Administration on the State's performance of the activities under the grant, including the use of funds, including matching funds, to carry out required activities, and a description of the progress of the State workforce investment board in meeting the performance benchmarks.
      • (B) REPORT TO CONGRESS- The Administration shall submit a report to Congress analyzing the planning activities, performance, and fund utilization of each State grant recipient, including an identification of promising practices and a profile of the activities of each State grant recipient.
  • (d) Implementation Grants-
    • (1) IN GENERAL- The Administration shall--
      • (A) competitively award implementation grants to State partnerships to enable such partnerships to implement activities that will result in a coherent and comprehensive plan for health workforce development that will address current and projected workforce demands within the State; and
      • (B) inform the Commission and Congress about the awards made.
    • (2) DURATION- An implementation grant shall be awarded for a period of no more than 2 years, except in those cases where the Administration determines that the grantee is high performing and the activities supported by the grant warrant up to 1 additional year of funding.
    • (3) ELIGIBILITY- To be eligible for an implementation grant, a State partnership shall have--
      • (A) received a planning grant under subsection (c) and completed all requirements of such grant; or
      • (B) completed a satisfactory application, including a plan to coordinate with required partners and complete the required activities during the 2 year period of the implementation grant.
    • (4) FISCAL AND ADMINISTRATIVE AGENT- A State partnership receiving an implementation grant shall appoint a fiscal and an administration agent for the implementation of such grant.
    • (5) APPLICATION- Each eligible State partnership desiring an implementation grant shall submit an application to the Administration at such time, in such manner, and accompanied by such information as the Administration may reasonably require. Each application submitted shall include--
      • (A) a description of the members of the State partnership;
      • (B) a description of how the State partnership completed the required activities under the planning grant, if applicable;
      • (C) a description of the activities for which implementation grant funds are sought, including grants to regions by the State partnership to advance coherent and comprehensive regional health care workforce planning activities;
      • (D) a description of how the State partnership will coordinate with required partners and complete the required partnership activities during the duration of an implementation grant;
      • (E) a budget proposal of the cost of the activities supported by the implementation grant and a timeline for the provision of matching funds required;
      • (F) proposed performance benchmarks to be used to assess and evaluate the progress of the partnership activities;
      • (G) a description of how the State partnership will collect data to report progress in grant activities; and
      • (H) such additional assurances as the Administration determines to be essential to ensure compliance with grant requirements.
    • (6) REQUIRED ACTIVITIES-
      • (A) IN GENERAL- A State partnership that receives an implementation grant may reserve not less than 60 percent of the grant funds to make grants to be competitively awarded by the State partnership, consistent with State procurement rules, to encourage regional partnerships to address health care workforce development needs and to promote innovative health care workforce career pathway activities, including career counseling, learning, and employment.
      • (B) ELIGIBLE PARTNERSHIP DUTIES- An eligible State partnership receiving an implementation grant shall--
        • (i) identify and convene regional leadership to discuss opportunities to engage in statewide health care workforce development planning, including the potential use of competitive grants to improve the development, distribution, and diversity of the regional health care workforce; the alignment of curricula for health care careers; and the access to quality career information and guidance and education and training opportunities;
        • (ii) in consultation with key stakeholders and regional leaders, take appropriate steps to reduce Federal, State, or local barriers to a comprehensive and coherent strategy, including changes in State or local policies to foster coherent and comprehensive health care workforce development activities, including health care career pathways at the regional and State levels, career planning information, retraining for dislocated workers, and as appropriate, requests for Federal program or administrative waivers;
        • (iii) develop, disseminate, and review with key stakeholders a preliminary statewide strategy that addresses short- and long-term health care workforce development supply versus demand;
        • (iv) convene State partnership members on a regular basis, and at least on a semiannual basis;
        • (v) assist leaders at the regional level to form partnerships, including technical assistance and capacity building activities;
        • (vi) collect and assess data on and report on the performance benchmarks selected by the State partnership and the Administration for implementation activities carried out by regional and State partnerships; and
        • (vii) participate in the Administration's evaluation and reporting activities.
    • (7) PERFORMANCE AND EVALUATION- Before the State partnership receives an implementation grant, it and the Administrator shall jointly determine the performance benchmarks that shall be established for the purposes of the implementation grant.
    • (8) MATCH- Each State partnership receiving an implementation grant shall provide an amount, in cash or in kind that is not less than 25 percent of the amount of the grant, to carry out the activities supported by the grant. The matching funds may be provided from funds available from other Federal, State, local, or private sources to carry out such activities.
    • (9) REPORTS-
      • (A) REPORT TO ADMINISTRATION- For each year of the implementation grant, the State partnership receiving the implementation grant shall submit a report to the Administration on the performance of the State of the grant activities, including a description of the use of the funds, including matched funds, to complete activities, and a description of the performance of the State partnership in meeting the performance benchmarks.
      • (B) REPORT TO CONGRESS- The Administration shall submit a report to Congress analyzing implementation activities, performance, and fund utilization of the State grantees, including an identification of promising practices and a profile of the activities of each State grantee.
  • (e) Authorization for Appropriations-
    • (1) PLANNING GRANTS- There are authorized to be appropriated to award planning grants under subsection (c) $8,000,000 for fiscal year 2010, and such sums as may be necessary for each subsequent fiscal year.
    • (2) IMPLEMENTATION GRANTS- There are authorized to be appropriated to award implementation grants under subsection (d), $150,000,000 for fiscal year 2010, and such sums as may be necessary for each subsequent fiscal year.

SEC. 5103. HEALTH CARE WORKFORCE ASSESSMENT.[edit]

  • (a) In General- Section 761 of the Public Health Service Act (42 U.S.C. 294m) is amended--
    • (1) by redesignating subsection (c) as subsection (e);
    • (2) by striking subsection (b) and inserting the following:
  • (b) National Center for Health Care Workforce Analysis-
    • (1) ESTABLISHMENT- The Secretary shall establish the National Center for Health Workforce Analysis (referred to in this section as the `National Center').
    • (2) PURPOSES- The National Center, in coordination to the extent practicable with the National Health Care Workforce Commission (established in section 5101 of the Patient Protection and Affordable Care Act), and relevant regional and State centers and agencies, shall--
      • (A) provide for the development of information describing and analyzing the health care workforce and workforce related issues;
      • (B) carry out the activities under section 792(a);
      • (C) annually evaluate programs under this title;
      • (D) develop and publish performance measures and benchmarks for programs under this title; and
      • (E) establish, maintain, and publicize a national Internet registry of each grant awarded under this title and a database to collect data from longitudinal evaluations (as described in subsection (d)(2)) on performance measures (as developed under sections 749(d)(3), 757(d)(3), and 762(a)(3)).
    • (3) COLLABORATION AND DATA SHARING-
      • (A) IN GENERAL- The National Center shall collaborate with Federal agencies and relevant professional and educational organizations or societies for the purpose of linking data regarding grants awarded under this title.
      • (B) CONTRACTS FOR HEALTH WORKFORCE ANALYSIS- For the purpose of carrying out the activities described in subparagraph (A), the National Center may enter into contracts with relevant professional and educational organizations or societies.
  • (c) State and Regional Centers for Health Workforce Analysis-
    • (1) IN GENERAL- The Secretary shall award grants to, or enter into contracts with, eligible entities for purposes of--
      • (A) collecting, analyzing, and reporting data regarding programs under this title to the National Center and to the public; and
      • (B) providing technical assistance to local and regional entities on the collection, analysis, and reporting of data.
    • (2) ELIGIBLE ENTITIES- To be eligible for a grant or contract under this subsection, an entity shall--
      • (A) be a State, a State workforce investment board, a public health or health professions school, an academic health center, or an appropriate public or private nonprofit entity; and
      • (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • (d) Increase in Grants for Longitudinal Evaluations-
    • (1) IN GENERAL- The Secretary shall increase the amount awarded to an eligible entity under this title for a longitudinal evaluation of individuals who have received education, training, or financial assistance from programs under this title.
    • (2) CAPABILITY- A longitudinal evaluation shall be capable of--
      • (A) studying practice patterns; and
      • (B) collecting and reporting data on performance measures developed under sections 749(d)(3), 757(d)(3), and 762(a)(3).
    • (3) GUIDELINES- A longitudinal evaluation shall comply with guidelines issued under sections 749(d)(4), 757(d)(4), and 762(a)(4).
    • (4) ELIGIBLE ENTITIES- To be eligible to obtain an increase under this section, an entity shall be a recipient of a grant or contract under this title.'; and
    • (3) in subsection (e), as so redesignated--
      • (A) by striking paragraph (1) and inserting the following:
    • (1) IN GENERAL-
      • (A) NATIONAL CENTER- To carry out subsection (b), there are authorized to be appropriated $7,500,000 for each of fiscal years 2010 through 2014.
      • (B) STATE AND REGIONAL CENTERS- To carry out subsection (c), there are authorized to be appropriated $4,500,000 for each of fiscal years 2010 through 2014.
      • (C) GRANTS FOR LONGITUDINAL EVALUATIONS- To carry out subsection (d), there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2014.'; and
    • (4) in paragraph (2), by striking `subsection (a)' and inserting `paragraph (1)'.
  • (b) Transfers- Not later than 180 days after the date of enactment of this Act, the responsibilities and resources of the National Center for Health Workforce Analysis, as in effect on the date before the date of enactment of this Act, shall be transferred to the National Center for Health Care Workforce Analysis established under section 761 of the Public Health Service Act, as amended by subsection (a).
  • (c) Use of Longitudinal Evaluations- Section 791(a)(1) of the Public Health Service Act (42 U.S.C. 295j(a)(1)) is amended--
    • (1) in subparagraph (A), by striking `or' at the end;
    • (2) in subparagraph (B), by striking the period and inserting `; or'; and
    • (3) by adding at the end the following:
      • (C) utilizes a longitudinal evaluation (as described in section 761(d)(2)) and reports data from such system to the national workforce database (as established under section 761(b)(2)(E)).'.
  • (d) Performance Measures; Guidelines for Longitudinal Evaluations-
    • (1) ADVISORY COMMITTEE ON TRAINING IN PRIMARY CARE MEDICINE AND DENTISTRY- Section 748(d) of the Public Health Service Act is amended--
      • (A) in paragraph (1), by striking `and' at the end;
      • (B) in paragraph (2), by striking the period and inserting a semicolon; and
      • (C) by adding at the end the following:
    • (3) develop, publish, and implement performance measures for programs under this part;
    • (4) develop and publish guidelines for longitudinal evaluations (as described in section 761(d)(2)) for programs under this part; and
    • (5) recommend appropriation levels for programs under this part.'.
    • (2) ADVISORY COMMITTEE ON INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES- Section 756(d) of the Public Health Service Act is amended--
      • (A) in paragraph (1), by striking `and' at the end;
      • (B) in paragraph (2), by striking the period and inserting a semicolon; and
      • (C) by adding at the end the following:
    • (3) develop, publish, and implement performance measures for programs under this part;
    • (4) develop and publish guidelines for longitudinal evaluations (as described in section 761(d)(2)) for programs under this part; and
    • (5) recommend appropriation levels for programs under this part.'.
    • (3) ADVISORY COUNCIL ON GRADUATE MEDICAL EDUCATION- Section 762(a) of the Public Health Service Act (42 U.S.C. 294o(a)) is amended--
      • (A) in paragraph (1), by striking `and' at the end;
      • (B) in paragraph (2), by striking the period and inserting a semicolon; and
      • (C) by adding at the end the following:
    • (3) develop, publish, and implement performance measures for programs under this title, except for programs under part C or D;
    • (4) develop and publish guidelines for longitudinal evaluations (as described in section 761(d)(2)) for programs under this title, except for programs under part C or D; and
    • (5) recommend appropriation levels for programs under this title, except for programs under part C or D.'.

Subtitle C--Increasing the Supply of the Health Care Workforce[edit]

SEC. 5201. FEDERALLY SUPPORTED STUDENT LOAN FUNDS.[edit]

  • (a) Medical Schools and Primary Health Care- Section 723 of the Public Health Service Act (42 U.S.C. 292s) is amended--
    • (1) in subsection (a)--
      • (A) in paragraph (1), by striking subparagraph (B) and inserting the following:
      • (B) to practice in such care for 10 years (including residency training in primary health care) or through the date on which the loan is repaid in full, whichever occurs first.'; and
      • (B) by striking paragraph (3) and inserting the following:
    • (3) NONCOMPLIANCE BY STUDENT- Each agreement entered into with a student pursuant to paragraph (1) shall provide that, if the student fails to comply with such agreement, the loan involved will begin to accrue interest at a rate of 2 percent per year greater than the rate at which the student would pay if compliant in such year.'; and
    • (2) by adding at the end the following:
  • (d) Sense of Congress- It is the sense of Congress that funds repaid under the loan program under this section should not be transferred to the Treasury of the United States or otherwise used for any other purpose other than to carry out this section.'.
  • (b) Student Loan Guidelines- The Secretary of Health and Human Services shall not require parental financial information for an independent student to determine financial need under section 723 of the Public Health Service Act (42 U.S.C. 292s) and the determination of need for such information shall be at the discretion of applicable school loan officer. The Secretary shall amend guidelines issued by the Health Resources and Services Administration in accordance with the preceding sentence.

SEC. 5202. NURSING STUDENT LOAN PROGRAM.[edit]

  • (a) Loan Agreements- Section 836(a) of the Public Health Service Act (42 U.S.C. 297b(a)) is amended--
    • (1) by striking `$2,500' and inserting `$3,300';
    • (2) by striking `$4,000' and inserting `$5,200'; and
    • (3) by striking `$13,000' and all that follows through the period and inserting `$17,000 in the case of any student during fiscal years 2010 and 2011. After fiscal year 2011, such amounts shall be adjusted to provide for a cost-of-attendance increase for the yearly loan rate and the aggregate of the loans.'.
  • (b) Loan Provisions- Section 836(b) of the Public Health Service Act (42 U.S.C. 297b(b)) is amended--
    • (1) in paragraph (1)(C), by striking `1986' and inserting `2000'; and
    • (2) in paragraph (3), by striking `the date of enactment of the Nurse Training Amendments of 1979' and inserting `September 29, 1995'.

SEC. 5203. HEALTH CARE WORKFORCE LOAN REPAYMENT PROGRAMS.[edit]

  • Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following:

Subpart 3--Recruitment and Retention Programs[edit]

SEC. 775. INVESTMENT IN TOMORROW'S PEDIATRIC HEALTH CARE WORKFORCE.[edit]

  • (a) Establishment- The Secretary shall establish and carry out a pediatric specialty loan repayment program under which the eligible individual agrees to be employed full-time for a specified period (which shall not be less than 2 years) in providing pediatric medical subspecialty, pediatric surgical specialty, or child and adolescent mental and behavioral health care, including substance abuse prevention and treatment services.
  • (b) Program Administration- Through the program established under this section, the Secretary shall enter into contracts with qualified health professionals under which--
    • (1) such qualified health professionals will agree to provide pediatric medical subspecialty, pediatric surgical specialty, or child and adolescent mental and behavioral health care in an area with a shortage of the specified pediatric subspecialty that has a sufficient pediatric population to support such pediatric subspecialty, as determined by the Secretary; and
    • (2) the Secretary agrees to make payments on the principal and interest of undergraduate, graduate, or graduate medical education loans of professionals described in paragraph (1) of not more than $35,000 a year for each year of agreed upon service under such paragraph for a period of not more than 3 years during the qualified health professional's--
      • (A) participation in an accredited pediatric medical subspecialty, pediatric surgical specialty, or child and adolescent mental health subspecialty residency or fellowship; or
      • (B) employment as a pediatric medical subspecialist, pediatric surgical specialist, or child and adolescent mental health professional serving an area or population described in such paragraph.
  • (c) In General-
    • (1) ELIGIBLE INDIVIDUALS-
      • (A) PEDIATRIC MEDICAL SPECIALISTS AND PEDIATRIC SURGICAL SPECIALISTS- For purposes of contracts with respect to pediatric medical specialists and pediatric surgical specialists, the term `qualified health professional' means a licensed physician who--
        • (i) is entering or receiving training in an accredited pediatric medical subspecialty or pediatric surgical specialty residency or fellowship; or
        • (ii) has completed (but not prior to the end of the calendar year in which this section is enacted) the training described in subparagraph (B).
      • (B) CHILD AND ADOLESCENT MENTAL AND BEHAVIORAL HEALTH- For purposes of contracts with respect to child and adolescent mental and behavioral health care, the term `qualified health professional' means a health care professional who--
        • (i) has received specialized training or clinical experience in child and adolescent mental health in psychiatry, psychology, school psychology, behavioral pediatrics, psychiatric nursing, social work, school social work, substance abuse disorder prevention and treatment, marriage and family therapy, school counseling, or professional counseling;
        • (ii) has a license or certification in a State to practice allopathic medicine, osteopathic medicine, psychology, school psychology, psychiatric nursing, social work, school social work, marriage and family therapy, school counseling, or professional counseling; or
        • (iii) is a mental health service professional who completed (but not before the end of the calendar year in which this section is enacted) specialized training or clinical experience in child and adolescent mental health described in clause (i).
    • (2) ADDITIONAL ELIGIBILITY REQUIREMENTS- The Secretary may not enter into a contract under this subsection with an eligible individual unless--
      • (A) the individual agrees to work in, or for a provider serving, a health professional shortage area or medically underserved area, or to serve a medically underserved population;
      • (B) the individual is a United States citizen or a permanent legal United States resident; and
      • (C) if the individual is enrolled in a graduate program, the program is accredited, and the individual has an acceptable level of academic standing (as determined by the Secretary).
  • (d) Priority- In entering into contracts under this subsection, the Secretary shall give priority to applicants who--
    • (1) are or will be working in a school or other pre-kindergarten, elementary, or secondary education setting;
    • (2) have familiarity with evidence-based methods and cultural and linguistic competence health care services; and
    • (3) demonstrate financial need.
  • (e) Authorization of Appropriations- There is authorized to be appropriated $30,000,000 for each of fiscal years 2010 through 2014 to carry out subsection (c)(1)(A) and $20,000,000 for each of fiscal years 2010 through 2013 to carry out subsection (c)(1)(B).'.

SEC. 5204. PUBLIC HEALTH WORKFORCE RECRUITMENT AND RETENTION PROGRAMS.[edit]

  • Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.), as amended by section 5203, is further amended by adding at the end the following:

SEC. 776. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.[edit]

  • (a) Establishment- The Secretary shall establish the Public Health Workforce Loan Repayment Program (referred to in this section as the `Program') to assure an adequate supply of public health professionals to eliminate critical public health workforce shortages in Federal, State, local, and tribal public health agencies.
  • (b) Eligibility- To be eligible to participate in the Program, an individual shall--
    • (1)(A) be accepted for enrollment, or be enrolled, as a student in an accredited academic educational institution in a State or territory in the final year of a course of study or program leading to a public health or health professions degree or certificate; and have accepted employment with a Federal, State, local, or tribal public health agency, or a related training fellowship, as recognized by the Secretary, to commence upon graduation;
    • (B)(i) have graduated, during the preceding 10-year period, from an accredited educational institution in a State or territory and received a public health or health professions degree or certificate; and
    • (ii) be employed by, or have accepted employment with, a Federal, State, local, or tribal public health agency or a related training fellowship, as recognized by the Secretary;
    • (2) be a United States citizen; and
    • (3)(A) submit an application to the Secretary to participate in the Program;
    • (B) execute a written contract as required in subsection (c); and
    • (4) not have received, for the same service, a reduction of loan obligations under section 455(m), 428J, 428K, 428L, or 460 of the Higher Education Act of 1965.
  • (c) Contract- The written contract (referred to in this section as the `written contract') between the Secretary and an individual shall contain--
    • (1) an agreement on the part of the Secretary that the Secretary will repay on behalf of the individual loans incurred by the individual in the pursuit of the relevant degree or certificate in accordance with the terms of the contract;
    • (2) an agreement on the part of the individual that the individual will serve in the full-time employment of a Federal, State, local, or tribal public health agency or a related fellowship program in a position related to the course of study or program for which the contract was awarded for a period of time (referred to in this section as the `period of obligated service') equal to the greater of--
      • (A) 3 years; or
      • (B) such longer period of time as determined appropriate by the Secretary and the individual;
    • (3) an agreement, as appropriate, on the part of the individual to relocate to a priority service area (as determined by the Secretary) in exchange for an additional loan repayment incentive amount to be determined by the Secretary;
    • (4) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual that is conditioned thereon, is contingent on funds being appropriated for loan repayments under this section;
    • (5) a statement of the damages to which the United States is entitled, under this section for the individual's breach of the contract; and
    • (6) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with this section.
  • (d) Payments-
    • (1) IN GENERAL- A loan repayment provided for an individual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for tuition expenses incurred by the individual.
    • (2) PAYMENTS FOR YEARS SERVED- For each year of obligated service that an individual contracts to serve under subsection (c) the Secretary may pay up to $35,000 on behalf of the individual for loans described in paragraph (1). With respect to participants under the Program whose total eligible loans are less than $105,000, the Secretary shall pay an amount that does not exceed 1/3 of the eligible loan balance for each year of obligated service of the individual.
    • (3) TAX LIABILITY- For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual, the Secretary shall, in addition to such payments, make payments to the individual in an amount not to exceed 39 percent of the total amount of loan repayments made for the taxable year involved.
  • (e) Postponing Obligated Service- With respect to an individual receiving a degree or certificate from a health professions or other related school, the date of the initiation of the period of obligated service may be postponed as approved by the Secretary.
  • (f) Breach of Contract- An individual who fails to comply with the contract entered into under subsection (c) shall be subject to the same financial penalties as provided for under section 338E for breaches of loan repayment contracts under section 338B.
  • (g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $195,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2015.'.

SEC. 5205. ALLIED HEALTH WORKFORCE RECRUITMENT AND RETENTION PROGRAMS.[edit]

  • (a) Purpose- The purpose of this section is to assure an adequate supply of allied health professionals to eliminate critical allied health workforce shortages in Federal, State, local, and tribal public health agencies or in settings where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings, as recognized by the Secretary of Health and Human Services by authorizing an Allied Health Loan Forgiveness Program.
  • (b) Allied Health Workforce Recruitment and Retention Program- Section 428K of the Higher Education Act of 1965 (20 U.S.C. 1078-11) is amended--
    • (1) in subsection (b), by adding at the end the following:
    • (18) ALLIED HEALTH PROFESSIONALS- The individual is employed full-time as an allied health professional--
      • (A) in a Federal, State, local, or tribal public health agency; or
      • (B) in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.'; and
    • (2) in subsection (g)--
      • (A) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; and
      • (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following:
    • (1) ALLIED HEALTH PROFESSIONAL- The term `allied health professional' means an allied health professional as defined in section 799B(5) of the Public Heath Service Act (42 U.S.C. 295p(5)) who--
      • (A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and
      • (B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.'.

SEC. 5206. GRANTS FOR STATE AND LOCAL PROGRAMS.[edit]

  • (a) In General- Section 765(d) of the Public Health Service Act (42 U.S.C. 295(d)) is amended--
    • (1) in paragraph (7), by striking `; or' and inserting a semicolon;
    • (2) by redesignating paragraph (8) as paragraph (9); and
    • (3) by inserting after paragraph (7) the following:
    • (8) public health workforce loan repayment programs; or'.
  • (b) Training for Mid-career Public Health Professionals- Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.), as amended by section 5204, is further amended by adding at the end the following:

SEC. 777. TRAINING FOR MID-CAREER PUBLIC AND ALLIED HEALTH PROFESSIONALS.[edit]

  • (a) In General- The Secretary may make grants to, or enter into contracts with, any eligible entity to award scholarships to eligible individuals to enroll in degree or professional training programs for the purpose of enabling mid-career professionals in the public health and allied health workforce to receive additional training in the field of public health and allied health.
  • (b) Eligibility-
    • (1) ELIGIBLE ENTITY- The term `eligible entity' indicates an accredited educational institution that offers a course of study, certificate program, or professional training program in public or allied health or a related discipline, as determined by the Secretary
    • (2) ELIGIBLE INDIVIDUALS- The term `eligible individuals' includes those individuals employed in public and allied health positions at the Federal, State, tribal, or local level who are interested in retaining or upgrading their education.
  • (c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $60,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2015. Fifty percent of appropriated funds shall be allotted to public health mid-career professionals and 50 percent shall be allotted to allied health mid-career professionals.'.

SEC. 5207. FUNDING FOR NATIONAL HEALTH SERVICE CORPS.[edit]

  • Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended to read as follows:
  • (a) Authorization of Appropriations- For the purpose of carrying out this section, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the following:
    • (1) For fiscal year 2010, $320,461,632.
    • (2) For fiscal year 2011, $414,095,394.
    • (3) For fiscal year 2012, $535,087,442.
    • (4) For fiscal year 2013, $691,431,432.
    • (5) For fiscal year 2014, $893,456,433.
    • (6) For fiscal year 2015, $1,154,510,336.
    • (7) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of--
      • (A) one plus the average percentage increase in the costs of health professions education during the prior fiscal year; and
      • (B) one plus the average percentage change in the number of individuals residing in health professions shortage areas designated under section 333 during the prior fiscal year, relative to the number of individuals residing in such areas during the previous fiscal year.'.

SEC. 5208. NURSE-MANAGED HEALTH CLINICS.[edit]

  • (a) Purpose- The purpose of this section is to fund the development and operation of nurse-managed health clinics.
  • (b) Grants- Subpart 1 of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after section 330A the following:

SEC. 330A-1. GRANTS TO NURSE-MANAGED HEALTH CLINICS.[edit]

  • (a) Definitions-
    • (1) COMPREHENSIVE PRIMARY HEALTH CARE SERVICES- In this section, the term `comprehensive primary health care services' means the primary health services described in section 330(b)(1).
    • (2) NURSE-MANAGED HEALTH CLINIC- The term `nurse-managed health clinic' means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care or wellness services to underserved or vulnerable populations and that is associated with a school, college, university or department of nursing, federally qualified health center, or independent nonprofit health or social services agency.
  • (b) Authority to Award Grants- The Secretary shall award grants for the cost of the operation of nurse-managed health clinics that meet the requirements of this section.
  • (c) Applications- To be eligible to receive a grant under this section, an entity shall--
    • (1) be an NMHC; and
    • (2) submit to the Secretary an application at such time, in such manner, and containing--
      • (A) assurances that nurses are the major providers of services at the NMHC and that at least 1 advanced practice nurse holds an executive management position within the organizational structure of the NMHC;
      • (B) an assurance that the NMHC will continue providing comprehensive primary health care services or wellness services without regard to income or insurance status of the patient for the duration of the grant period; and
      • (C) an assurance that, not later than 90 days of receiving a grant under this section, the NMHC will establish a community advisory committee, for which a majority of the members shall be individuals who are served by the NMHC.
  • (d) Grant Amount- The amount of any grant made under this section for any fiscal year shall be determined by the Secretary, taking into account--
    • (1) the financial need of the NMHC, considering State, local, and other operational funding provided to the NMHC; and
    • (2) other factors, as the Secretary determines appropriate.
  • (e) Authorization of Appropriations- For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for the fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2014.'.

SEC. 5209. ELIMINATION OF CAP ON COMMISSIONED CORPS.[edit]

  • Section 202 of the Department of Health and Human Services Appropriations Act, 1993 (Public Law 102-394) is amended by striking `not to exceed 2,800'.

SEC. 5210. ESTABLISHING A READY RESERVE CORPS.[edit]

  • Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended to read as follows:

SEC. 203. COMMISSIONED CORPS AND READY RESERVE CORPS.[edit]

  • (a) Establishment-
    • (1) IN GENERAL- There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency.
    • (2) REQUIREMENT- All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended.
    • (3) APPOINTMENT- Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President with the advice and consent of the Senate.
    • (4) ACTIVE DUTY- Commissioned officers of the Ready Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training.
    • (5) WARRANT OFFICERS- Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the Commissioned Corps of the Service.
  • (b) Assimilating Reserve Corp Officers Into the Regular Corps- Effective on the date of enactment of the Patient Protection and Affordable Care Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps.
  • (c) Purpose and Use of Ready Research-
    • (1) PURPOSE- The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service's reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions.
    • (2) USES- The Ready Reserve Corps shall--
      • (A) participate in routine training to meet the general and specific needs of the Commissioned Corps;
      • (B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel;
      • (C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and
      • (D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 799B) to improve access to health services.
  • (d) Funding- For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2014 for recruitment and training and $12,500,000 for each of fiscal years 2010 through 2014 for the Ready Reserve Corps.'.

Subtitle D--Enhancing Health Care Workforce Education and Training[edit]

SEC. 5301. TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE, GENERAL PEDIATRICS, AND PHYSICIAN ASSISTANTSHIP.[edit]

  • Part C of title VII (42 U.S.C. 293k et seq.) is amended by striking section 747 and inserting the following:

SEC. 747. PRIMARY CARE TRAINING AND ENHANCEMENT.[edit]

  • (a) Support and Development of Primary Care Training Programs-
    • (1) IN GENERAL- The Secretary may make grants to, or enter into contracts with, an accredited public or nonprofit private hospital, school of medicine or osteopathic medicine, academically affiliated physician assistant training program, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant or contract--
      • (A) to plan, develop, operate, or participate in an accredited professional training program, including an accredited residency or internship program in the field of family medicine, general internal medicine, or general pediatrics for medical students, interns, residents, or practicing physicians as defined by the Secretary;
      • (B) to provide need-based financial assistance in the form of traineeships and fellowships to medical students, interns, residents, practicing physicians, or other medical personnel, who are participants in any such program, and who plan to specialize or work in the practice of the fields defined in subparagraph (A);
      • (C) to plan, develop, and operate a program for the training of physicians who plan to teach in family medicine, general internal medicine, or general pediatrics training programs;
      • (D) to plan, develop, and operate a program for the training of physicians teaching in community-based settings;
      • (E) to provide financial assistance in the form of traineeships and fellowships to physicians who are participants in any such programs and who plan to teach or conduct research in a family medicine, general internal medicine, or general pediatrics training program;
      • (F) to plan, develop, and operate a physician assistant education program, and for the training of individuals who will teach in programs to provide such training;
      • (G) to plan, develop, and operate a demonstration program that provides training in new competencies, as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry and the National Health Care Workforce Commission established in section 5101 of the Patient Protection and Affordable Care Act, which may include--
        • (i) providing training to primary care physicians relevant to providing care through patient-centered medical homes (as defined by the Secretary for purposes of this section);
        • (ii) developing tools and curricula relevant to patient-centered medical homes; and
        • (iii) providing continuing education to primary care physicians relevant to patient-centered medical homes; and
      • (H) to plan, develop, and operate joint degree programs to provide interdisciplinary and interprofessional graduate training in public health and other health professions to provide training in environmental health, infectious disease control, disease prevention and health promotion, epidemiological studies and injury control.
    • (2) DURATION OF AWARDS- The period during which payments are made to an entity from an award of a grant or contract under this subsection shall be 5 years.
  • (b) Capacity Building in Primary Care-
    • (1) IN GENERAL- The Secretary may make grants to or enter into contracts with accredited schools of medicine or osteopathic medicine to establish, maintain, or improve--
      • (A) academic units or programs that improve clinical teaching and research in fields defined in subsection (a)(1)(A); or
      • (B) programs that integrate academic administrative units in fields defined in subsection (a)(1)(A) to enhance interdisciplinary recruitment, training, and faculty development.
    • (2) PREFERENCE IN MAKING AWARDS UNDER THIS SUBSECTION- In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of--
      • (A) establishing academic units or programs in fields defined in subsection (a)(1)(A); or
      • (B) substantially expanding such units or programs.
    • (3) PRIORITIES IN MAKING AWARDS- In awarding grants or contracts under paragraph (1), the Secretary shall give priority to qualified applicants that--
      • (A) proposes a collaborative project between academic administrative units of primary care;
      • (B) proposes innovative approaches to clinical teaching using models of primary care, such as the patient centered medical home, team management of chronic disease, and interprofessional integrated models of health care that incorporate transitions in health care settings and integration physical and mental health provision;
      • (C) have a record of training the greatest percentage of providers, or that have demonstrated significant improvements in the percentage of providers trained, who enter and remain in primary care practice;
      • (D) have a record of training individuals who are from underrepresented minority groups or from a rural or disadvantaged background;
      • (E) provide training in the care of vulnerable populations such as children, older adults, homeless individuals, victims of abuse or trauma, individuals with mental health or substance-related disorders, individuals with HIV/AIDS, and individuals with disabilities;
      • (F) establish formal relationships and submit joint applications with federally qualified health centers, rural health clinics, area health education centers, or clinics located in underserved areas or that serve underserved populations;
      • (G) teach trainees the skills to provide interprofessional, integrated care through collaboration among health professionals;
      • (H) provide training in enhanced communication with patients, evidence-based practice, chronic disease management, preventive care, health information technology, or other competencies as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry and the National Health Care Workforce Commission established in section 5101 of the Patient Protection and Affordable Care Act; or
      • (I) provide training in cultural competency and health literacy.
    • (4) DURATION OF AWARDS- The period during which payments are made to an entity from an award of a grant or contract under this subsection shall be 5 years.
  • (c) Authorization of Appropriations-
    • (1) IN GENERAL- For purposes of carrying out this section (other than subsection (b)(1)(B)), there are authorized to be appropriated $125,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2014.
    • (2) TRAINING PROGRAMS- Fifteen percent of the amount appropriated pursuant to paragraph (1) in each such fiscal year shall be allocated to the physician assistant training programs described in subsection (a)(1)(F), which prepare students for practice in primary care.
    • (3) INTEGRATING ACADEMIC ADMINISTRATIVE UNITS- For purposes of carrying out subsection (b)(1)(B), there are authorized to be appropriated $750,000 for each of fiscal years 2010 through 2014.'.

SEC. 5302. TRAINING OPPORTUNITIES FOR DIRECT CARE WORKERS.[edit]

  • Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by inserting after section 747, as amended by section 5301, the following:

SEC. 747A. TRAINING OPPORTUNITIES FOR DIRECT CARE WORKERS.[edit]

  • (a) In General- The Secretary shall award grants to eligible entities to enable such entities to provide new training opportunities for direct care workers who are employed in long-term care settings such as nursing homes (as defined in section 1908(e)(1) of the Social Security Act (42 U.S.C. 1396g(e)(1)), assisted living facilities and skilled nursing facilities, intermediate care facilities for individuals with mental retardation, home and community based settings, and any other setting the Secretary determines to be appropriate.
  • (b) Eligibility- To be eligible to receive a grant under this section, an entity shall--
    • (1) be an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that--
      • (A) is accredited by a nationally recognized accrediting agency or association listed under section 101(c) of the Higher Education Act of 1965 (20 U.S.C. 1001(c)); and
      • (B) has established a public-private educational partnership with a nursing home or skilled nursing facility, agency or entity providing home and community based services to individuals with disabilities, or other long-term care provider; and
    • (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • (c) Use of Funds- An eligible entity shall use amounts awarded under a grant under this section to provide assistance to eligible individuals to offset the cost of tuition and required fees for enrollment in academic programs provided by such entity.
  • (d) Eligible Individual-
    • (1) ELIGIBILITY- To be eligible for assistance under this section, an individual shall be enrolled in courses provided by a grantee under this subsection and maintain satisfactory academic progress in such courses.
    • (2) CONDITION OF ASSISTANCE- As a condition of receiving assistance under this section, an individual shall agree that, following completion of the assistance period, the individual will work in the field of geriatrics, disability services, long term services and supports, or chronic care management for a minimum of 2 years under guidelines set by the Secretary.
  • (e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $10,000,000 for the period of fiscal years 2011 through 2013.'.

SEC. 5303. TRAINING IN GENERAL, PEDIATRIC, AND PUBLIC HEALTH DENTISTRY.[edit]

  • Part C of Title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by--
    • (1) redesignating section 748, as amended by section 5103 of this Act, as section 749; and
    • (2) inserting after section 747A, as added by section 5302, the following:

SEC. 748. TRAINING IN GENERAL, PEDIATRIC, AND PUBLIC HEALTH DENTISTRY.[edit]

  • (a) Support and Development of Dental Training Programs-
    • (1) IN GENERAL- The Secretary may make grants to, or enter into contracts with, a school of dentistry, public or nonprofit private hospital, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant or contract--
      • (A) to plan, develop, and operate, or participate in, an approved professional training program in the field of general dentistry, pediatric dentistry, or public health dentistry for dental students, residents, practicing dentists, dental hygienists, or other approved primary care dental trainees, that emphasizes training for general, pediatric, or public health dentistry;
      • (B) to provide financial assistance to dental students, residents, practicing dentists, and dental hygiene students who are in need thereof, who are participants in any such program, and who plan to work in the practice of general, pediatric, public heath dentistry, or dental hygiene;
      • (C) to plan, develop, and operate a program for the training of oral health care providers who plan to teach in general, pediatric, public health dentistry, or dental hygiene;
      • (D) to provide financial assistance in the form of traineeships and fellowships to dentists who plan to teach or are teaching in general, pediatric, or public health dentistry;
      • (E) to meet the costs of projects to establish, maintain, or improve dental faculty development programs in primary care (which may be departments, divisions or other units);
      • (F) to meet the costs of projects to establish, maintain, or improve predoctoral and postdoctoral training in primary care programs;
      • (G) to create a loan repayment program for faculty in dental programs; and
      • (H) to provide technical assistance to pediatric training programs in developing and implementing instruction regarding the oral health status, dental care needs, and risk-based clinical disease management of all pediatric populations with an emphasis on underserved children.
    • (2) FACULTY LOAN REPAYMENT-
      • (A) IN GENERAL- A grant or contract under subsection (a)(1)(G) may be awarded to a program of general, pediatric, or public health dentistry described in such subsection to plan, develop, and operate a loan repayment program under which--
        • (i) individuals agree to serve full-time as faculty members; and
        • (ii) the program of general, pediatric or public health dentistry agrees to pay the principal and interest on the outstanding student loans of the individuals.
      • (B) MANNER OF PAYMENTS- With respect to the payments described in subparagraph (A)(ii), upon completion by an individual of each of the first, second, third, fourth, and fifth years of service, the program shall pay an amount equal to 10, 15, 20, 25, and 30 percent, respectively, of the individual's student loan balance as calculated based on principal and interest owed at the initiation of the agreement.
  • (b) Eligible Entity- For purposes of this subsection, entities eligible for such grants or contracts in general, pediatric, or public health dentistry shall include entities that have programs in dental or dental hygiene schools, or approved residency or advanced education programs in the practice of general, pediatric, or public health dentistry. Eligible entities may partner with schools of public health to permit the education of dental students, residents, and dental hygiene students for a master's year in public health at a school of public health.
  • (c) Priorities in Making Awards- With respect to training provided for under this section, the Secretary shall give priority in awarding grants or contracts to the following:
    • (1) Qualified applicants that propose collaborative projects between departments of primary care medicine and departments of general, pediatric, or public health dentistry.
    • (2) Qualified applicants that have a record of training the greatest percentage of providers, or that have demonstrated significant improvements in the percentage of providers, who enter and remain in general, pediatric, or public health dentistry.
    • (3) Qualified applicants that have a record of training individuals who are from a rural or disadvantaged background, or from underrepresented minorities.
    • (4) Qualified applicants that establish formal relationships with Federally qualified health centers, rural health centers, or accredited teaching facilities and that conduct training of students, residents, fellows, or faculty at the center or facility.
    • (5) Qualified applicants that conduct teaching programs targeting vulnerable populations such as older adults, homeless individuals, victims of abuse or trauma, individuals with mental health or substance-related disorders, individuals with disabilities, and individuals with HIV/AIDS, and in the risk-based clinical disease management of all populations.
    • (6) Qualified applicants that include educational activities in cultural competency and health literacy.
    • (7) Qualified applicants that have a high rate for placing graduates in practice settings that serve underserved areas or health disparity populations, or who achieve a significant increase in the rate of placing graduates in such settings.
    • (8) Qualified applicants that intend to establish a special populations oral health care education center or training program for the didactic and clinical education of dentists, dental health professionals, and dental hygienists who plan to teach oral health care for people with developmental disabilities, cognitive impairment, complex medical problems, significant physical limitations, and vulnerable elderly.
  • (d) Application- An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • (e) Duration of Award- The period during which payments are made to an entity from an award of a grant or contract under subsection (a) shall be 5 years. The provision of such payments shall be subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments.
  • (f) Authorizations of Appropriations- For the purpose of carrying out subsections (a) and (b), there is authorized to be appropriated $30,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2015.
  • (g) Carryover Funds- An entity that receives an award under this section may carry over funds from 1 fiscal year to another without obtaining approval from the Secretary. In no case may any funds be carried over pursuant to the preceding sentence for more than 3 years.'.

SEC. 5304. ALTERNATIVE DENTAL HEALTH CARE PROVIDERS DEMONSTRATION PROJECT.[edit]

  • Subpart X of part D of title III of the Public Health Service Act (42 U.S.C. 256f et seq.) is amended by adding at the end the following:

SEC. 340G-1. DEMONSTRATION PROGRAM.[edit]

  • (a) In General-
    • (1) AUTHORIZATION- The Secretary is authorized to award grants to 15 eligible entities to enable such entities to establish a demonstration program to establish training programs to train, or to employ, alternative dental health care providers in order to increase access to dental health care services in rural and other underserved communities.
    • (2) DEFINITION- The term `alternative dental health care providers' includes community dental health coordinators, advance practice dental hygienists, independent dental hygienists, supervised dental hygienists, primary care physicians, dental therapists, dental health aides, and any other health professional that the Secretary determines appropriate.
  • (b) Timeframe- The demonstration projects funded under this section shall begin not later than 2 years after the date of enactment of this section, and shall conclude not later than 7 years after such date of enactment.
  • (c) Eligible Entities- To be eligible to receive a grant under subsection (a), an entity shall--
    • (1) be--
      • (A) an institution of higher education, including a community college;
      • (B) a public-private partnership;
      • (C) a federally qualified health center;
      • (D) an Indian Health Service facility or a tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act);
      • (E) a State or county public health clinic, a health facility operated by an Indian tribe or tribal organization, or urban Indian organization providing dental services; or
      • (F) a public hospital or health system;
    • (2) be within a program accredited by the Commission on Dental Accreditation or within a dental education program in an accredited institution; and
    • (3) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • (d) Administrative Provisions-
    • (1) AMOUNT OF GRANT- Each grant under this section shall be in an amount that is not less than $4,000,000 for the 5-year period during which the demonstration project being conducted.
    • (2) DISBURSEMENT OF FUNDS-
      • (A) PRELIMINARY DISBURSEMENTS- Beginning 1 year after the enactment of this section, the Secretary may disperse to any entity receiving a grant under this section not more than 20 percent of the total funding awarded to such entity under such grant, for the purpose of enabling the entity to plan the demonstration project to be conducted under such grant.
      • (B) SUBSEQUENT DISBURSEMENTS- The remaining amount of grant funds not dispersed under subparagraph (A) shall be dispersed such that not less than 15 percent of such remaining amount is dispersed each subsequent year.
  • (e) Compliance With State Requirements- Each entity receiving a grant under this section shall certify that it is in compliance with all applicable State licensing requirements.
  • (f) Evaluation- The Secretary shall contract with the Director of the Institute of Medicine to conduct a study of the demonstration programs conducted under this section that shall provide analysis, based upon quantitative and qualitative data, regarding access to dental health care in the United States.
  • (g) Clarification Regarding Dental Health Aide Program- Nothing in this section shall prohibit a dental health aide training program approved by the Indian Health Service from being eligible for a grant under this section.
  • (h) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section.'.

SEC. 5305. GERIATRIC EDUCATION AND TRAINING; CAREER AWARDS; COMPREHENSIVE GERIATRIC EDUCATION.[edit]

  • (a) Workforce Development; Career Awards- Section 753 of the Public Health Service Act (42 U.S.C. 294c) is amended by adding at the end the following:
  • (d) Geriatric Workforce Development-
    • (1) IN GENERAL- The Secretary shall award grants or contracts under this subsection to entities that operate a geriatric education center pursuant to subsection (a)(1).
    • (2) APPLICATION- To be eligible for an award under paragraph (1), an entity described in such paragraph shall 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- Amounts awarded under a grant or contract under paragraph (1) shall be used to--
      • (A) carry out the fellowship program described in paragraph (4); and
      • (B) carry out 1 of the 2 activities described in paragraph (5).
    • (4) FELLOWSHIP PROGRAM-
      • (A) IN GENERAL- Pursuant to paragraph (3), a geriatric education center that receives an award under this subsection shall use such funds to offer short-term intensive courses (referred to in this subsection as a `fellowship') that focus on geriatrics, chronic care management, and long-term care that provide supplemental training for faculty members in medical schools and other health professions schools with programs in psychology, pharmacy, nursing, social work, dentistry, public health, allied health, or other health disciplines, as approved by the Secretary. Such a fellowship shall be open to current faculty, and appropriately credentialed volunteer faculty and practitioners, who do not have formal training in geriatrics, to upgrade their knowledge and clinical skills for the care of older adults and adults with functional limitations and to enhance their interdisciplinary teaching skills.
      • (B) LOCATION- A fellowship shall be offered either at the geriatric education center that is sponsoring the course, in collaboration with other geriatric education centers, or at medical schools, schools of dentistry, schools of nursing, schools of pharmacy, schools of social work, graduate programs in psychology, or allied health and other health professions schools approved by the Secretary with which the geriatric education centers are affiliated.
      • (C) CME CREDIT- Participation in a fellowship under this paragraph shall be accepted with respect to complying with continuing health profession education requirements. As a condition of such acceptance, the recipient shall agree to subsequently provide a minimum of 18 hours of voluntary instructional support through a geriatric education center that is providing clinical training to students or trainees in long-term care settings.
    • (5) ADDITIONAL REQUIRED ACTIVITIES DESCRIBED- Pursuant to paragraph (3), a geriatric education center that receives an award under this subsection shall use such funds to carry out 1 of the following 2 activities.
      • (A) FAMILY CAREGIVER AND DIRECT CARE PROVIDER TRAINING- A geriatric education center that receives an award under this subsection shall offer at least 2 courses each year, at no charge or nominal cost, to family caregivers and direct care providers that are designed to provide practical training for supporting frail elders and individuals with disabilities. The Secretary shall require such Centers to work with appropriate community partners to develop training program content and to publicize the availability of training courses in their service areas. All family caregiver and direct care provider training programs shall include instruction on the management of psychological and behavioral aspects of dementia, communication techniques for working with individuals who have dementia, and the appropriate, safe, and effective use of medications for older adults.
      • (B) INCORPORATION OF BEST PRACTICES- A geriatric education center that receives an award under this subsection shall develop and include material on depression and other mental disorders common among older adults, medication safety issues for older adults, and management of the psychological and behavioral aspects of dementia and communication techniques with individuals who have dementia in all training courses, where appropriate.
    • (6) TARGETS- A geriatric education center that receives an award under this subsection shall meet targets approved by the Secretary for providing geriatric training to a certain number of faculty or practitioners during the term of the award, as well as other parameters established by the Secretary.
    • (7) AMOUNT OF AWARD- An award under this subsection shall be in an amount of $150,000. Not more than 24 geriatric education centers may receive an award under this subsection.
    • (8) MAINTENANCE OF EFFORT- A geriatric education center that receives an award under this subsection shall provide assurances to the Secretary that funds provided to the geriatric education center under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the geriatric education center.
    • (9) AUTHORIZATION OF APPROPRIATIONS- In addition to any other funding available to carry out this section, there is authorized to be appropriated to carry out this subsection, $10,800,000 for the period of fiscal year 2011 through 2014.
  • (e) Geriatric Career Incentive Awards-
    • (1) IN GENERAL- The Secretary shall award grants or contracts under this section to individuals described in paragraph (2) to foster greater interest among a variety of health professionals in entering the field of geriatrics, long-term care, and chronic care management.
    • (2) ELIGIBLE INDIVIDUALS- To be eligible to received an award under paragraph (1), an individual shall--
      • (A) be an advanced practice nurse, a clinical social worker, a pharmacist, or student of psychology who is pursuing a doctorate or other advanced degree in geriatrics or related fields in an accredited health professions school; and
      • (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
    • (3) CONDITION OF AWARD- As a condition of receiving an award under this subsection, an individual shall agree that, following completion of the award period, the individual will teach or practice in the field of geriatrics, long-term care, or chronic care management for a minimum of 5 years under guidelines set by the Secretary.
    • (4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection, $10,000,000 for the period of fiscal years 2011 through 2013.'.
  • (b) Expansion of Eligibility for Geriatric Academic Career Awards; Payment to Institution- Section 753(c) of the Public Health Service Act 294(c)) is amended--
    • (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
    • (2) by striking paragraph (2) through paragraph (3) and inserting the following:
    • (2) ELIGIBLE INDIVIDUALS- To be eligible to receive an Award under paragraph (1), an individual shall--
      • (A) be board certified or board eligible in internal medicine, family practice, psychiatry, or licensed dentistry, or have completed any required training in a discipline and employed in an accredited health professions school that is approved by the Secretary;
      • (B) have completed an approved fellowship program in geriatrics or have completed specialty training in geriatrics as required by the discipline and any addition geriatrics training as required by the Secretary; and
      • (C) have a junior (non-tenured) faculty appointment at an accredited (as determined by the Secretary) school of medicine, osteopathic medicine, nursing, social work, psychology, dentistry, pharmacy, or other allied health disciplines in an accredited health professions school that is approved by the Secretary.
    • (3) LIMITATIONS- No Award under paragraph (1) may be made to an eligible individual unless the individual--
      • (A) has submitted to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, and the Secretary has approved such application;
      • (B) provides, in such form and manner as the Secretary may require, assurances that the individual will meet the service requirement described in paragraph (6); and
      • (C) provides, in such form and manner as the Secretary may require, assurances that the individual has a full-time faculty appointment in a health professions institution and documented commitment from such institution to spend 75 percent of the total time of such individual on teaching and developing skills in interdisciplinary education in geriatrics.
    • (4) MAINTENANCE OF EFFORT- An eligible individual that receives an Award under paragraph (1) shall provide assurances to the Secretary that funds provided to the eligible individual under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the eligible individual.'; and
    • (3) in paragraph (5), as so designated--
      • (A) in subparagraph (A)--
        • (i) by inserting `for individuals who are physicians' after `this section'; and
        • (ii) by inserting after the period at the end the following: `The Secretary shall determine the amount of an Award under this section for individuals who are not physicians.'; and
      • (B) by adding at the end the following:
      • (C) PAYMENT TO INSTITUTION- The Secretary shall make payments to institutions which include schools of medicine, osteopathic medicine, nursing, social work, psychology, dentistry, and pharmacy, or other allied health discipline in an accredited health professions school that is approved by the Secretary.'.
  • (c) Comprehensive Geriatric Education- Section 855 of the Public Health Service Act (42 U.S.C. 298) is amended--
    • (1) in subsection (b)--
      • (A) in paragraph (3), by striking `or' at the end;
      • (B) in paragraph (4), by striking the period and inserting `; or'; and
      • (C) by adding at the end the following:
    • (5) establish traineeships for individuals who are preparing for advanced education nursing degrees in geriatric nursing, long-term care, gero-psychiatric nursing or other nursing areas that specialize in the care of the elderly population.'; and
    • (2) in subsection (e), by striking `2003 through 2007' and inserting `2010 through 2014'.

SEC. 5306. MENTAL AND BEHAVIORAL HEALTH EDUCATION AND TRAINING GRANTS.[edit]

  • (a) In General- Part D of title VII (42 U.S.C. 294 et seq.) is amended by--
    • (1) striking section 757;
    • (2) redesignating section 756 (as amended by section 5103) as section 757; and
    • (3) inserting after section 755 the following:

SEC. 756. MENTAL AND BEHAVIORAL HEALTH EDUCATION AND TRAINING GRANTS.[edit]

  • (a) Grants Authorized- The Secretary may award grants to eligible institutions of higher education to support the recruitment of students for, and education and clinical experience of the students in--
    • (1) baccalaureate, master's, and doctoral degree programs of social work, as well as the development of faculty in social work;
    • (2) accredited master's, doctoral, internship, and post-doctoral residency programs of psychology for the development and implementation of interdisciplinary training of psychology graduate students for providing behavioral and mental health services, including substance abuse prevention and treatment services;
    • (3) accredited institutions of higher education or accredited professional training programs that are establishing or expanding internships or other field placement programs in child and adolescent mental health in psychiatry, psychology, school psychology, behavioral pediatrics, psychiatric nursing, social work, school social work, substance abuse prevention and treatment, marriage and family therapy, school counseling, or professional counseling; and
    • (4) State-licensed mental health nonprofit and for-profit organizations to enable such organizations to pay for programs for preservice or in-service training of paraprofessional child and adolescent mental health workers.
  • (b) Eligibility Requirements- To be eligible for a grant under this section, an institution shall demonstrate--
    • (1) participation in the institutions' programs of individuals and groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds, and different genders and sexual orientations;
    • (2) knowledge and understanding of the concerns of the individuals and groups described in subsection (a);
    • (3) any internship or other field placement program assisted under the grant will prioritize cultural and linguistic competency;
    • (4) the institution will provide to the Secretary such data, assurances, and information as the Secretary may require; and
    • (5) with respect to any violation of the agreement between the Secretary and the institution, the institution will pay such liquidated damages as prescribed by the Secretary by regulation.
  • (c) Institutional Requirement- For grants authorized under subsection (a)(1), at least 4 of the grant recipients shall be historically black colleges or universities or other minority-serving institutions.
  • (d) Priority-
    • (1) In selecting the grant recipients in social work under subsection (a)(1), the Secretary shall give priority to applicants that--
      • (A) are accredited by the Council on Social Work Education;
      • (B) have a graduation rate of not less than 80 percent for social work students; and
      • (C) exhibit an ability to recruit social workers from and place social workers in areas with a high need and high demand population.
    • (2) In selecting the grant recipients in graduate psychology under subsection (a)(2), the Secretary shall give priority to institutions in which training focuses on the needs of vulnerable groups such as older adults and children, individuals with mental health or substance-related disorders, victims of abuse or trauma and of combat stress disorders such as posttraumatic stress disorder and traumatic brain injuries, homeless individuals, chronically ill persons, and their families.
    • (3) In selecting the grant recipients in training programs in child and adolescent mental health under subsections (a)(3) and (a)(4), the Secretary shall give priority to applicants that--
      • (A) have demonstrated the ability to collect data on the number of students trained in child and adolescent mental health and the populations served by such students after graduation or completion of preservice or in-service training;
      • (B) have demonstrated familiarity with evidence-based methods in child and adolescent mental health services, including substance abuse prevention and treatment services;
      • (C) have programs designed to increase the number of professionals and paraprofessionals serving high-priority populations and to applicants who come from high-priority communities and plan to serve medically underserved populations, in health professional shortage areas, or in medically underserved areas;
      • (D) offer curriculum taught collaboratively with a family on the consumer and family lived experience or the importance of family-professional or family-paraprofessional partnerships; and
      • (E) provide services through a community mental health program described in section 1913(b)(1).
  • (e) Authorization of Appropriation- For the fiscal years 2010 through 2013, there is authorized to be appropriated to carry out this section--
    • (1) $8,000,000 for training in social work in subsection (a)(1);
    • (2) $12,000,000 for training in graduate psychology in subsection (a)(2), of which not less than $10,000,000 shall be allocated for doctoral, postdoctoral, and internship level training;
    • (3) $10,000,000 for training in professional child and adolescent mental health in subsection (a)(3); and
    • (4) $5,000,000 for training in paraprofessional child and adolescent work in subsection (a)(4).'.
  • (b) Conforming Amendments- Section 757(b)(2) of the Public Health Service Act, as redesignated by subsection (a), is amended by striking `sections 751(a)(1)(A), 751(a)(1)(B), 753(b), 754(3)(A), and 755(b)' and inserting `sections 751(b)(1)(A), 753(b), and 755(b)'.

SEC. 5307. CULTURAL COMPETENCY, PREVENTION, AND PUBLIC HEALTH AND INDIVIDUALS WITH DISABILITIES TRAINING.[edit]

  • (a) Title VII- Section 741 of the Public Health Service Act (42 U.S.C. 293e) is amended--
    • (1) in subsection (a)--
      • (A) by striking the subsection heading and inserting `Cultural Competency, Prevention, and Public Health and Individuals With Disability Grants'; and
      • (B) in paragraph (1), by striking `for the purpose of' and all that follows through the period at the end and inserting `for the development, evaluation, and dissemination of research, demonstration projects, and model curricula for cultural competency, prevention, public health proficiency, reducing health disparities, and aptitude for working with individuals with disabilities training for use in health professions schools and continuing education programs, and for other purposes determined as appropriate by the Secretary.'; and
    • (2) by striking subsection (b) and inserting the following:
  • (b) Collaboration- In carrying out subsection (a), the Secretary shall collaborate with health professional societies, licensing and accreditation entities, health professions schools, and experts in minority health and cultural competency, prevention, and public health and disability groups, community-based organizations, and other organizations as determined appropriate by the Secretary. The Secretary shall coordinate with curricula and research and demonstration projects developed under section 807.
  • (c) Dissemination-
    • (1) IN GENERAL- Model curricula developed under this section shall be disseminated through the Internet Clearinghouse under section 270 and such other means as determined appropriate by the Secretary.
    • (2) EVALUATION- The Secretary shall evaluate the adoption and the implementation of cultural competency, prevention, and public health, and working with individuals with a disability training curricula, and the facilitate inclusion of these competency measures in quality measurement systems as appropriate.
  • (d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2015.'.
  • (b) Title VIII- Section 807 of the Public Health Service Act (42 U.S.C. 296e-1) is amended--
    • (1) in subsection (a)--
      • (A) by striking the subsection heading and inserting `Cultural Competency, Prevention, and Public Health and Individuals With Disability Grants'; and
      • (B) by striking `for the purpose of' and all that follows through `health care.' and inserting `for the development, evaluation, and dissemination of research, demonstration projects, and model curricula for cultural competency, prevention, public health proficiency, reducing health disparities, and aptitude for working with individuals with disabilities training for use in health professions schools and continuing education programs, and for other purposes determined as appropriate by the Secretary.'; and
    • (2) by redesignating subsection (b) as subsection (d);
    • (3) by inserting after subsection (a) the following:
  • (b) Collaboration- In carrying out subsection (a), the Secretary shall collaborate with the entities described in section 741(b). The Secretary shall coordinate with curricula and research and demonstration projects developed under such section 741.
  • (c) Dissemination- Model curricula developed under this section shall be disseminated and evaluated in the same manner as model curricula developed under section 741, as described in subsection (c) of such section.'; and
    • (4) in subsection (d), as so redesignated--
      • (A) by striking `subsection (a)' and inserting `this section'; and
      • (B) by striking `2001 through 2004' and inserting `2010 through 2015'.

SEC. 5308. ADVANCED NURSING EDUCATION GRANTS.[edit]

  • Section 811 of the Public Health Service Act (42 U.S.C. 296j) is amended--
    • (1) in subsection (c)--
      • (A) in the subsection heading, by striking `and Nurse Midwifery Programs'; and
      • (B) by striking `and nurse midwifery';
    • (2) in subsection (f)--
      • (A) by striking paragraph (2); and
      • (B) by redesignating paragraph (3) as paragraph (2); and
    • (3) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and
    • (4) by inserting after subsection (c), the following:
  • (d) Authorized Nurse-midwifery Programs- Midwifery programs that are eligible for support under this section are educational programs that--
    • (1) have as their objective the education of midwives; and
    • (2) are accredited by the American College of Nurse-Midwives Accreditation Commission for Midwifery Education.'.

SEC. 5309. NURSE EDUCATION, PRACTICE, AND RETENTION GRANTS.[edit]

  • (a) In General- Section 831 of the Public Health Service Act (42 U.S.C. 296p) is amended--
    • (1) in the section heading, by striking `retention' and inserting `quality';
    • (2) in subsection (a)--
      • (A) in paragraph (1), by adding `or' after the semicolon;
      • (B) by striking paragraph (2); and
      • (C) by redesignating paragraph (3) as paragraph (2);
    • (3) in subsection (b)(3), by striking `managed care, quality improvement' and inserting `coordinated care';
    • (4) in subsection (g), by inserting `, as defined in section 801(2),' after `school of nursing'; and
    • (5) in subsection (h), by striking `2003 through 2007' and inserting `2010 through 2014'.
  • (b) Nurse Retention Grants- Title VIII of the Public Health Service Act is amended by inserting after section 831 (42 U.S.C. 296b) the following:

SEC. 831A. NURSE RETENTION GRANTS.[edit]

  • (a) Retention Priority Areas- The Secretary may award grants to, and enter into contracts with, eligible entities to enhance the nursing workforce by initiating and maintaining nurse retention programs pursuant to subsection (b) or (c).
  • (b) Grants for Career Ladder Program- The Secretary may award grants to, and enter into contracts with, eligible entities for programs--
    • (1) to promote career advancement for individuals including licensed practical nurses, licensed vocational nurses, certified nurse assistants, home health aides, diploma degree or associate degree nurses, to become baccalaureate prepared registered nurses or advanced education nurses in order to meet the needs of the registered nurse workforce;
    • (2) developing and implementing internships and residency programs in collaboration with an accredited school of nursing, as defined by section 801(2), to encourage mentoring and the development of specialties; or
    • (3) to assist individuals in obtaining education and training required to enter the nursing profession and advance within such profession.
  • (c) Enhancing Patient Care Delivery Systems-
    • (1) GRANTS- The Secretary may award grants to eligible entities to improve the retention of nurses and enhance patient care that is directly related to nursing activities by enhancing collaboration and communication among nurses and other health care professionals, and by promoting nurse involvement in the organizational and clinical decision-making processes of a health care facility.
    • (2) PRIORITY- In making awards of grants under this subsection, the Secretary shall give preference to applicants that have not previously received an award under this subsection (or section 831(c) as such section existed on the day before the date of enactment of this section).
    • (3) CONTINUATION OF AN AWARD- The Secretary shall make continuation of any award under this subsection beyond the second year of such award contingent on the recipient of such award having demonstrated to the Secretary measurable and substantive improvement in nurse retention or patient care.
  • (d) Other Priority Areas- The Secretary may award grants to, or enter into contracts with, eligible entities to address other areas that are of high priority to nurse retention, as determined by the Secretary.
  • (e) Report- The Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the nursing workforce.
  • (f) Eligible Entity- For purposes of this section, the term `eligible entity' includes an accredited school of nursing, as defined by section 801(2), a health care facility, or a partnership of such a school and facility.
  • (g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2012.'.

SEC. 5310. LOAN REPAYMENT AND SCHOLARSHIP PROGRAM.[edit]

  • (a) Loan Repayments and Scholarships- Section 846(a)(3) of the Public Health Service Act (42 U.S.C. 297n(a)(3)) is amended by inserting before the semicolon the following: `, or in a accredited school of nursing, as defined by section 801(2), as nurse faculty'.
  • (b) Technical and Conforming Amendments- Title VIII (42 U.S.C. 296 et seq.) is amended--
    • (1) by redesignating section 810 (relating to prohibition against discrimination by schools on the basis of sex) as section 809 and moving such section so that it follows section 808;
    • (2) in sections 835, 836, 838, 840, and 842, by striking the term `this subpart' each place it appears and inserting `this part';
    • (3) in section 836(h), by striking the last sentence;
    • (4) in section 836, by redesignating subsection (l) as subsection (k);
    • (5) in section 839, by striking `839' and all that follows through `(a)' and inserting `839. (a)';
    • (6) in section 835(b), by striking `841' each place it appears and inserting `871';
    • (7) by redesignating section 841 as section 871, moving part F to the end of the title, and redesignating such part as part I;
    • (8) in part G--
      • (A) by redesignating section 845 as section 851; and
      • (B) by redesignating part G as part F;
    • (9) in part H--
      • (A) by redesignating sections 851 and 852 as sections 861 and 862, respectively; and
      • (B) by redesignating part H as part G; and
    • (10) in part I--
      • (A) by redesignating section 855, as amended by section 5305, as section 865; and
      • (B) by redesignating part I as part H.

SEC. 5311. NURSE FACULTY LOAN PROGRAM.[edit]

  • (a) In General- Section 846A of the Public Health Service Act (42 U.S.C. 297n-1) is amended--
    • (1) in subsection (a)--
      • (A) in the subsection heading, by striking `Establishment' and inserting `School of Nursing Student Loan Fund'; and
      • (B) by inserting `accredited' after `agreement with any';
    • (2) in subsection (c)--
      • (A) in paragraph (2), by striking `$30,000' and all that follows through the semicolon and inserting `$35,500, during fiscal years 2010 and 2011 fiscal years (after fiscal year 2011, such amounts shall be adjusted to provide for a cost-of-attendance increase for the yearly loan rate and the aggregate loan;'; and
      • (B) in paragraph (3)(A), by inserting `an accredited' after `faculty member in';
    • (3) in subsection (e), by striking `a school' and inserting `an accredited school'; and
    • (4) in subsection (f), by striking `2003 through 2007' and inserting `2010 through 2014'.
  • (b) Eligible Individual Student Loan Repayment- Title VIII of the Public Health Service Act is amended by inserting after section 846A (42 U.S.C. 297n-1) the following:

SEC. 847. ELIGIBLE INDIVIDUAL STUDENT LOAN REPAYMENT.[edit]

  • (a) In General- The Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with eligible individuals for the repayment of education loans, in accordance with this section, to increase the number of qualified nursing faculty.
  • (b) Agreements- Each agreement entered into under this subsection shall require that the eligible individual shall serve as a full-time member of the faculty of an accredited school of nursing, for a total period, in the aggregate, of at least 4 years during the 6-year period beginning on the later of--
    • (1) the date on which the individual receives a master's or doctorate nursing degree from an accredited school of nursing; or
    • (2) the date on which the individual enters into an agreement under this subsection.
  • (c) Agreement Provisions- Agreements entered into pursuant to subsection (b) shall be entered into on such terms and conditions as the Secretary may determine, except that--
    • (1) not more than 10 months after the date on which the 6-year period described under subsection (b) begins, but in no case before the individual starts as a full-time member of the faculty of an accredited school of nursing the Secretary shall begin making payments, for and on behalf of that individual, on the outstanding principal of, and interest on, any loan of that individual obtained to pay for such degree;
    • (2) for an individual who has completed a master's in nursing or equivalent degree in nursing--
      • (A) payments may not exceed $10,000 per calendar year; and
      • (B) total payments may not exceed $40,000 during the 2010 and 2011 fiscal years (after fiscal year 2011, such amounts shall be adjusted to provide for a cost-of-attendance increase for the yearly loan rate and the aggregate loan); and
    • (3) for an individual who has completed a doctorate or equivalent degree in nursing--
      • (A) payments may not exceed $20,000 per calendar year; and
      • (B) total payments may not exceed $80,000 during the 2010 and 2011 fiscal years (adjusted for subsequent fiscal years as provided for in the same manner as in paragraph (2)(B)).
  • (d) Breach of Agreement-
    • (1) IN GENERAL- In the case of any agreement made under subsection (b), the individual is liable to the Federal Government for the total amount paid by the Secretary under such agreement, and for interest on such amount at the maximum legal prevailing rate, if the individual fails to meet the agreement terms required under such subsection.
    • (2) WAIVER OR SUSPENSION OF LIABILITY- In the case of an individual making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual with the agreement involved is impossible or would involve extreme hardship to the individual or if enforcement of the agreement with respect to the individual would be unconscionable.
    • (3) DATE CERTAIN FOR RECOVERY- Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the 3-year period beginning on the date the United States becomes so entitled.
    • (4) AVAILABILITY- Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall remain available for such purpose until expended.
  • (e) Eligible Individual Defined- For purposes of this section, the term `eligible individual' means an individual who--
    • (1) is a United States citizen, national, or lawful permanent resident;
    • (2) holds an unencumbered license as a registered nurse; and
    • (3) has either already completed a master's or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program.
  • (f) Priority- For the purposes of this section and section 846A, funding priority will be awarded to School of Nursing Student Loans that support doctoral nursing students or Individual Student Loan Repayment that support doctoral nursing students.
  • (g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014.'.

SEC. 5312. AUTHORIZATION OF APPROPRIATIONS FOR PARTS B THROUGH D OF TITLE VIII.[edit]

  • Section 871 of the Public Health Service Act, as redesignated and moved by section 5310, is amended to read as follows:

SEC. 871. AUTHORIZATION OF APPROPRIATIONS.[edit]

  • For the purpose of carrying out parts B, C, and D (subject to section 851(g)), there are authorized to be appropriated $338,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2016.'.

SEC. 5313. GRANTS TO PROMOTE THE COMMUNITY HEALTH WORKFORCE.[edit]

  • (a) In General- Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:

SEC. 399V. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS AND OUTCOMES.[edit]

  • (a) Grants Authorized- The Director of the Centers for Disease Control and Prevention, in collaboration with the Secretary, shall award grants to eligible entities to promote positive health behaviors and outcomes for populations in medically underserved communities through the use of community health workers.
  • (b) Use of Funds- Grants awarded under subsection (a) shall be used to support community health workers--
    • (1) to educate, guide, and provide outreach in a community setting regarding health problems prevalent in medically underserved communities, particularly racial and ethnic minority populations;
    • (2) to educate and provide guidance regarding effective strategies to promote positive health behaviors and discourage risky health behaviors;
    • (3) to educate and provide outreach regarding enrollment in health insurance including the Children's Health Insurance Program under title XXI of the Social Security Act, Medicare under title XVIII of such Act and Medicaid under title XIX of such Act;
    • (4) to identify, educate, refer, and enroll underserved populations to appropriate healthcare agencies and community-based programs and organizations in order to increase access to quality healthcare services and to eliminate duplicative care; or
    • (5) to educate, guide, and provide home visitation services regarding maternal health and prenatal care.
  • (c) Application- Each eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require.
  • (d) Priority- In awarding grants under subsection (a), the Secretary shall give priority to applicants that--
    • (1) propose to target geographic areas--
      • (A) with a high percentage of residents who are eligible for health insurance but are uninsured or underinsured;
      • (B) with a high percentage of residents who suffer from chronic diseases; or
      • (C) with a high infant mortality rate;
    • (2) have experience in providing health or health-related social services to individuals who are underserved with respect to such services; and
    • (3) have documented community activity and experience with community health workers.
  • (e) Collaboration With Academic Institutions and the One-stop Delivery System- The Secretary shall encourage community health worker programs receiving funds under this section to collaborate with academic institutions and one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998. Nothing in this section shall be construed to require such collaboration.
  • (f) Evidence-based Interventions- The Secretary shall encourage community health worker programs receiving funding under this section to implement a process or an outcome-based payment system that rewards community health workers for connecting underserved populations with the most appropriate services at the most appropriate time. Nothing in this section shall be construed to require such a payment.
  • (g) Quality Assurance and Cost Effectiveness- The Secretary shall establish guidelines for assuring the quality of the training and supervision of community health workers under the programs funded under this section and for assuring the cost-effectiveness of such programs.
  • (h) Monitoring- The Secretary shall monitor community health worker programs identified in approved applications under this section and shall determine whether such programs are in compliance with the guidelines established under subsection (g).
  • (i) Technical Assistance- The Secretary may provide technical assistance to community health worker programs identified in approved applications under this section with respect to planning, developing, and operating programs under the grant.
  • (j) Authorization of Appropriations- There are authorized to be appropriated, such sums as may be necessary to carry out this section for each of fiscal years 2010 through 2014.
  • (k) Definitions- In this section:
    • (1) COMMUNITY HEALTH WORKER- The term `community health worker', as defined by the Department of Labor as Standard Occupational Classification [21-1094] means an individual who promotes health or nutrition within the community in which the individual resides--
      • (A) by serving as a liaison between communities and healthcare agencies;
      • (B) by providing guidance and social assistance to community residents;
      • (C) by enhancing community residents' ability to effectively communicate with healthcare providers;
      • (D) by providing culturally and linguistically appropriate health or nutrition education;
      • (E) by advocating for individual and community health;
      • (F) by providing referral and follow-up services or otherwise coordinating care; and
      • (G) by proactively identifying and enrolling eligible individuals in Federal, State, local, private or nonprofit health and human services programs.
    • (2) COMMUNITY SETTING- The term `community setting' means a home or a community organization located in the neighborhood in which a participant in the program under this section resides.
    • (3) ELIGIBLE ENTITY- The term `eligible entity' means a public or nonprofit private entity (including a State or public subdivision of a State, a public health department, a free health clinic, a hospital, or a Federally-qualified health center (as defined in section 1861(aa) of the Social Security Act)), or a consortium of any such entities.
    • (4) MEDICALLY UNDERSERVED COMMUNITY- The term `medically underserved community' means a community identified by a State--
      • (A) that has a substantial number of individuals who are members of a medically underserved population, as defined by section 330(b)(3); and
      • (B) a significant portion of which is a health professional shortage area as designated under section 332.'.

SEC. 5314. FELLOWSHIP TRAINING IN PUBLIC HEALTH.[edit]

  • Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.), as amended by section 5206, is further amended by adding at the end the following:

SEC. 778. FELLOWSHIP TRAINING IN APPLIED PUBLIC HEALTH EPIDEMIOLOGY, PUBLIC HEALTH LABORATORY SCIENCE, PUBLIC HEALTH INFORMATICS, AND EXPANSION OF THE EPIDEMIC INTELLIGENCE SERVICE.[edit]

  • (a) In General- The Secretary may carry out activities to address documented workforce shortages in State and local health departments in the critical areas of applied public health epidemiology and public health laboratory science and informatics and may expand the Epidemic Intelligence Service.
  • (b) Specific Uses- In carrying out subsection (a), the Secretary shall provide for the expansion of existing fellowship programs operated through the Centers for Disease Control and Prevention in a manner that is designed to alleviate shortages of the type described in subsection (a).
  • (c) Other Programs- The Secretary may provide for the expansion of other applied epidemiology training programs that meet objectives similar to the objectives of the programs described in subsection (b).
  • (d) Work Obligation- Participation in fellowship training programs under this section shall be deemed to be service for purposes of satisfying work obligations stipulated in contracts under section 338I(j).
  • (e) General Support- Amounts may be used from grants awarded under this section to expand the Public Health Informatics Fellowship Program at the Centers for Disease Control and Prevention to better support all public health systems at all levels of government.
  • (f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $39,500,000 for each of fiscal years 2010 through 2013, of which--
    • (1) $5,000,000 shall be made available in each such fiscal year for epidemiology fellowship training program activities under subsections (b) and (c);
    • (2) $5,000,000 shall be made available in each such fiscal year for laboratory fellowship training programs under subsection (b);
    • (3) $5,000,000 shall be made available in each such fiscal year for the Public Health Informatics Fellowship Program under subsection (e); and
    • (4) $24,500,000 shall be made available for expanding the Epidemic Intelligence Service under subsection (a).'.

SEC. 5315. UNITED STATES PUBLIC HEALTH SCIENCES TRACK.[edit]

  • Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following:

PART D--UNITED STATES PUBLIC HEALTH SCIENCES TRACK[edit]

SEC. 271. ESTABLISHMENT.[edit]

  • (a) United States Public Health Services Track-
    • (1) IN GENERAL- There is hereby authorized to be established a United States Public Health Sciences Track (referred to in this part as the `Track'), at sites to be selected by the Secretary, with authority to grant appropriate advanced degrees in a manner that uniquely emphasizes team-based service, public health, epidemiology, and emergency preparedness and response. It shall be so organized as to graduate not less than--
      • (A) 150 medical students annually, 10 of whom shall be awarded studentships to the Uniformed Services University of Health Sciences;
      • (B) 100 dental students annually;
      • (C) 250 nursing students annually;
      • (D) 100 public health students annually;
      • (E) 100 behavioral and mental health professional students annually;
      • (F) 100 physician assistant or nurse practitioner students annually; and
      • (G) 50 pharmacy students annually.
    • (2) LOCATIONS- The Track shall be located at existing and accredited, affiliated health professions education training programs at academic health centers located in regions of the United States determined appropriate by the Surgeon General, in consultation with the National Health Care Workforce Commission established in section 5101 of the Patient Protection and Affordable Care Act.
  • (b) Number of Graduates- Except as provided in subsection (a), the number of persons to be graduated from the Track shall be prescribed by the Secretary. In so prescribing the number of persons to be graduated from the Track, the Secretary shall institute actions necessary to ensure the maximum number of first-year enrollments in the Track consistent with the academic capacity of the affiliated sites and the needs of the United States for medical, dental, and nursing personnel.
  • (c) Development- The development of the Track may be by such phases as the Secretary may prescribe subject to the requirements of subsection (a).
  • (d) Integrated Longitudinal Plan- The Surgeon General shall develop an integrated longitudinal plan for health professions continuing education throughout the continuum of health-related education, training, and practice. Training under such plan shall emphasize patient-centered, interdisciplinary, and care coordination skills. Experience with deployment of emergency response teams shall be included during the clinical experiences.
  • (e) Faculty Development- The Surgeon General shall develop faculty development programs and curricula in decentralized venues of health care, to balance urban, tertiary, and inpatient venues.

SEC. 272. ADMINISTRATION.[edit]

  • (a) In General- The business of the Track shall be conducted by the Surgeon General with funds appropriated for and provided by the Department of Health and Human Services. The National Health Care Workforce Commission shall assist the Surgeon General in an advisory capacity.
  • (b) Faculty-
    • (1) IN GENERAL- The Surgeon General, after considering the recommendations of the National Health Care Workforce Commission, shall obtain the services of such professors, instructors, and administrative and other employees as may be necessary to operate the Track, but utilize when possible, existing affiliated health professions training institutions. Members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary so as to place the employees of the Track faculty on a comparable basis with the employees of fully accredited schools of the health professions within the United States.
    • (2) TITLES- The Surgeon General may confer academic titles, as appropriate, upon the members of the faculty.
    • (3) NONAPPLICATION OF PROVISIONS- The limitations in section 5373 of title 5, United States Code, shall not apply to the authority of the Surgeon General under paragraph (1) to prescribe salary schedules and other related benefits.
  • (c) Agreements- The Surgeon General may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in the United States (or locations selected in accordance with section 271(a)(2)). Under such agreements the facilities concerned will retain their identities and basic missions. The Surgeon General may negotiate affiliation agreements with accredited universities and health professions training institutions in the United States. Such agreements may include provisions for payments for educational services provided students participating in Department of Health and Human Services educational programs.
  • (d) Programs- The Surgeon General may establish the following educational programs for Track students:
    • (1) Postdoctoral, postgraduate, and technological programs.
    • (2) A cooperative program for medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students.
    • (3) Other programs that the Surgeon General determines necessary in order to operate the Track in a cost-effective manner.
  • (e) Continuing Medical Education- The Surgeon General shall establish programs in continuing medical education for members of the health professions to the end that high standards of health care may be maintained within the United States.
  • (f) Authority of the Surgeon General-
    • (1) IN GENERAL- The Surgeon General is authorized--
      • (A) to enter into contracts with, accept grants from, and make grants to any nonprofit entity for the purpose of carrying out cooperative enterprises in medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing research, consultation, and education;
      • (B) to enter into contracts with entities under which the Surgeon General may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by the Track;
      • (C) to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the Track, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project;
      • (D) to enter into agreements with entities that may be utilized by the Track for the purpose of enhancing the activities of the Track in education, research, and technological applications of knowledge; and
      • (E) to accept the voluntary services of guest scholars and other persons.
    • (2) LIMITATION- The Surgeon General may not enter into any contract with an entity if the contract would obligate the Track to make outlays in advance of the enactment of budget authority for such outlays.
    • (3) SCIENTISTS- Scientists or other medical, dental, or nursing personnel utilized by the Track under an agreement described in paragraph (1) may be appointed to any position within the Track and may be permitted to perform such duties within the Track as the Surgeon General may approve.
    • (4) VOLUNTEER SERVICES- A person who provides voluntary services under the authority of subparagraph (E) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.

SEC. 273. STUDENTS; SELECTION; OBLIGATION.[edit]

  • (a) Student Selection-
    • (1) IN GENERAL- Medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students at the Track shall be selected under procedures prescribed by the Surgeon General. In so prescribing, the Surgeon General shall consider the recommendations of the National Health Care Workforce Commission.
    • (2) PRIORITY- In developing admissions procedures under paragraph (1), the Surgeon General shall ensure that such procedures give priority to applicant medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students from rural communities and underrepresented minorities.
  • (b) Contract and Service Obligation-
    • (1) CONTRACT- Upon being admitted to the Track, a medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student shall enter into a written contract with the Surgeon General that shall contain--
      • (A) an agreement under which--
        • (i) subject to subparagraph (B), the Surgeon General agrees to provide the student with tuition (or tuition remission) and a student stipend (described in paragraph (2)) in each school year for a period of years (not to exceed 4 school years) determined by the student, during which period the student is enrolled in the Track at an affiliated or other participating health professions institution pursuant to an agreement between the Track and such institution; and
        • (ii) subject to subparagraph (B), the student agrees--
          • (I) to accept the provision of such tuition and student stipend to the student;
          • (II) to maintain enrollment at the Track until the student completes the course of study involved;
          • (III) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Surgeon General);
          • (IV) if pursuing a degree from a school of medicine or osteopathic medicine, dental, public health, or nursing school or a physician assistant, pharmacy, or behavioral and mental health professional program, to complete a residency or internship in a specialty that the Surgeon General determines is appropriate; and
          • (V) to serve for a period of time (referred to in this part as the `period of obligated service') within the Commissioned Corps of the Public Health Service equal to 2 years for each school year during which such individual was enrolled at the College, reduced as provided for in paragraph (3);
      • (B) a provision that any financial obligation of the United States arising out of a contract entered into under this part and any obligation of the student which is conditioned thereon, is contingent upon funds being appropriated to carry out this part;
      • (C) a statement of the damages to which the United States is entitled for the student's breach of the contract; and
      • (D) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this part.
    • (2) TUITION AND STUDENT STIPEND-
      • (A) TUITION REMISSION RATES- The Surgeon General, based on the recommendations of the National Health Care Workforce Commission, shall establish Federal tuition remission rates to be used by the Track to provide reimbursement to affiliated and other participating health professions institutions for the cost of educational services provided by such institutions to Track students. The agreement entered into by such participating institutions under paragraph (1)(A)(i) shall contain an agreement to accept as payment in full the established remission rate under this subparagraph.
      • (B) STIPEND- The Surgeon General, based on the recommendations of the National Health Care Workforce Commission, shall establish and update Federal stipend rates for payment to students under this part.
    • (3) REDUCTIONS IN THE PERIOD OF OBLIGATED SERVICE- The period of obligated service under paragraph (1)(A)(ii)(V) shall be reduced--
      • (A) in the case of a student who elects to participate in a high-needs speciality residency (as determined by the National Health Care Workforce Commission), by 3 months for each year of such participation (not to exceed a total of 12 months); and
      • (B) in the case of a student who, upon completion of their residency, elects to practice in a Federal medical facility (as defined in section 781(e)) that is located in a health professional shortage area (as defined in section 332), by 3 months for year of full-time practice in such a facility (not to exceed a total of 12 months).
  • (c) Second 2 Years of Service- During the third and fourth years in which a medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student is enrolled in the Track, training should be designed to prioritize clinical rotations in Federal medical facilities in health professional shortage areas, and emphasize a balance of hospital and community-based experiences, and training within interdisciplinary teams.
  • (d) Dentist, Physician Assistant, Pharmacist, Behavioral and Mental Health Professional, Public Health Professional, and Nurse Training- The Surgeon General shall establish provisions applicable with respect to dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students that are comparable to those for medical students under this section, including service obligations, tuition support, and stipend support. The Surgeon General shall give priority to health professions training institutions that train medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students for some significant period of time together, but at a minimum have a discrete and shared core curriculum.
  • (e) Elite Federal Disaster Teams- The Surgeon General, in consultation with the Secretary, the Director of the Centers for Disease Control and Prevention, and other appropriate military and Federal government agencies, shall develop criteria for the appointment of highly qualified Track faculty, medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students, and graduates to elite Federal disaster preparedness teams to train and to respond to public health emergencies, natural disasters, bioterrorism events, and other emergencies.
  • (f) Student Dropped From Track in Affiliate School- A medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student who, under regulations prescribed by the Surgeon General, is dropped from the Track in an affiliated school for deficiency in conduct or studies, or for other reasons, shall be liable to the United States for all tuition and stipend support provided to the student.

SEC. 274. FUNDING.[edit]

  • Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.'.

Subtitle E--Supporting the Existing Health Care Workforce[edit]

SEC. 5401. CENTERS OF EXCELLENCE.[edit]

  • Section 736 of the Public Health Service Act (42 U.S.C. 293) is amended by striking subsection (h) and inserting the following:
  • (h) Formula for Allocations-
    • (1) ALLOCATIONS- Based on the amount appropriated under subsection (i) for a fiscal year, the following subparagraphs shall apply as appropriate:
      • (A) IN GENERAL- If the amounts appropriated under subsection (i) for a fiscal year are $24,000,000 or less--
        • (i) the Secretary shall make available $12,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(2)(A); and
        • (ii) and available after grants are made with funds under clause (i), the Secretary shall make available--
          • (I) 60 percent of such amount for grants under subsection (a) to health professions schools that meet the conditions described in paragraph (3) or (4) of subsection (c) (including meeting the conditions under subsection (e)); and
          • (II) 40 percent of such amount for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(5).
      • (B) FUNDING IN EXCESS OF $24,000,000- If amounts appropriated under subsection (i) for a fiscal year exceed $24,000,000 but are less than $30,000,000--
        • (i) 80 percent of such excess amounts shall be made available for grants under subsection (a) to health professions schools that meet the requirements described in paragraph (3) or (4) of subsection (c) (including meeting conditions pursuant to subsection (e)); and
        • (ii) 20 percent of such excess amount shall be made available for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(5).
      • (C) FUNDING IN EXCESS OF $30,000,000- If amounts appropriated under subsection (i) for a fiscal year exceed $30,000,000 but are less than $40,000,000, the Secretary shall make available--
        • (i) not less than $12,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(2)(A);
        • (ii) not less than $12,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in paragraph (3) or (4) of subsection (c) (including meeting conditions pursuant to subsection (e));
        • (iii) not less than $6,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(5); and
        • (iv) after grants are made with funds under clauses (i) through (iii), any remaining excess amount for grants under subsection (a) to health professions schools that meet the conditions described in paragraph (2)(A), (3), (4), or (5) of subsection (c).
      • (D) FUNDING IN EXCESS OF $40,000,000- If amounts appropriated under subsection (i) for a fiscal year are $40,000,000 or more, the Secretary shall make available--
        • (i) not less than $16,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(2)(A);
        • (ii) not less than $16,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in paragraph (3) or (4) of subsection (c) (including meeting conditions pursuant to subsection (e));
        • (iii) not less than $8,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(5); and
        • (iv) after grants are made with funds under clauses (i) through (iii), any remaining funds for grants under subsection (a) to health professions schools that meet the conditions described in paragraph (2)(A), (3), (4), or (5) of subsection (c).
    • (2) NO LIMITATION- Nothing in this subsection shall be construed as limiting the centers of excellence referred to in this section to the designated amount, or to preclude such entities from competing for grants under this section.
    • (3) MAINTENANCE OF EFFORT-
      • (A) IN GENERAL- With respect to activities for which a grant made under this part are authorized to be expended, the Secretary may not make such a grant to a center of excellence for any fiscal year unless the center agrees to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the school receives such a grant.
      • (B) USE OF FEDERAL FUNDS- With respect to any Federal amounts received by a center of excellence and available for carrying out activities for which a grant under this part is authorized to be expended, the center shall, before expending the grant, expend the Federal amounts obtained from sources other than the grant, unless given prior approval from the Secretary.
  • (i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--
    • (1) $50,000,000 for each of the fiscal years 2010 through 2015; and
    • (2) and such sums as are necessary for each subsequent fiscal year.'.

SEC. 5402. HEALTH CARE PROFESSIONALS TRAINING FOR DIVERSITY.[edit]

  • (a) Loan Repayments and Fellowships Regarding Faculty Positions- Section 738(a)(1) of the Public Health Service Act (42 U.S.C. 293b(a)(1)) is amended by striking `$20,000 of the principal and interest of the educational loans of such individuals.' and inserting `$30,000 of the principal and interest of the educational loans of such individuals.'.
  • (b) Scholarships for Disadvantaged Students- Section 740(a) of such Act (42 U.S.C. 293d(a)) is amended by striking `$37,000,000' and all that follows through `2002' and inserting `$51,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2014'.
  • (c) Reauthorization for Loan Repayments and Fellowships Regarding Faculty Positions- Section 740(b) of such Act (42 U.S.C. 293d(b)) is amended by striking `appropriated' and all that follows through the period at the end and inserting `appropriated, $5,000,000 for each of the fiscal years 2010 through 2014.'.
  • (d) Reauthorization for Educational Assistance in the Health Professions Regarding Individuals From a Disadvantaged Background- Section 740(c) of such Act (42 U.S.C. 293d(c)) is amended by striking the first sentence and inserting the following: `For the purpose of grants and contracts under section 739(a)(1), there is authorized to be appropriated $60,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2014.'

SEC. 5403. INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES.[edit]

  • (a) Area Health Education Centers- Section 751 of the Public Health Service Act (42 U.S.C. 294a) is amended to read as follows:

SEC. 751. AREA HEALTH EDUCATION CENTERS.[edit]

  • (a) Establishment of Awards- The Secretary shall make the following 2 types of awards in accordance with this section:
    • (1) INFRASTRUCTURE DEVELOPMENT AWARD- The Secretary shall make awards to eligible entities to enable such entities to initiate health care workforce educational programs or to continue to carry out comparable programs that are operating at the time the award is made by planning, developing, operating, and evaluating an area health education center program.
    • (2) POINT OF SERVICE MAINTENANCE AND ENHANCEMENT AWARD- The Secretary shall make awards to eligible entities to maintain and improve the effectiveness and capabilities of an existing area health education center program, and make other modifications to the program that are appropriate due to changes in demographics, needs of the populations served, or other similar issues affecting the area health education center program. For the purposes of this section, the term `Program' refers to the area health education center program.
  • (b) Eligible Entities; Application-
    • (1) ELIGIBLE ENTITIES-
      • (A) INFRASTRUCTURE DEVELOPMENT- For purposes of subsection (a)(1), the term `eligible entity' means a school of medicine or osteopathic medicine, an incorporated consortium of such schools, or the parent institutions of such a school. With respect to a State in which no area health education center program is in operation, the Secretary may award a grant or contract under subsection (a)(1) to a school of nursing.
      • (B) POINT OF SERVICE MAINTENANCE AND ENHANCEMENT- For purposes of subsection (a)(2), the term `eligible entity' means an entity that has received funds under this section, is operating an area health education center program, including an area health education center or centers, and has a center or centers that are no longer eligible to receive financial assistance under subsection (a)(1).
    • (2) APPLICATION- An eligible entity desiring to receive an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • (c) Use of Funds-
    • (1) REQUIRED ACTIVITIES- An eligible entity shall use amounts awarded under a grant under subsection (a)(1) or (a)(2) to carry out the following activities:
      • (A) Develop and implement strategies, in coordination with the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of 1998, to recruit individuals from underrepresented minority populations or from disadvantaged or rural backgrounds into health professions, and support such individuals in attaining such careers.
      • (B) Develop and implement strategies to foster and provide community-based training and education to individuals seeking careers in health professions within underserved areas for the purpose of developing and maintaining a diverse health care workforce that is prepared to deliver high-quality care, with an emphasis on primary care, in underserved areas or for health disparity populations, in collaboration with other Federal and State health care workforce development programs, the State workforce agency, and local workforce investment boards, and in health care safety net sites.
      • (C) Prepare individuals to more effectively provide health services to underserved areas and health disparity populations through field placements or preceptorships in conjunction with community-based organizations, accredited primary care residency training programs, Federally qualified health centers, rural health clinics, public health departments, or other appropriate facilities.
      • (D) Conduct and participate in interdisciplinary training that involves physicians, physician assistants, nurse practitioners, nurse midwives, dentists, psychologists, pharmacists, optometrists, community health workers, public and allied health professionals, or other health professionals, as practicable.
      • (E) Deliver or facilitate continuing education and information dissemination programs for health care professionals, with an emphasis on individuals providing care in underserved areas and for health disparity populations.
      • (F) Propose and implement effective program and outcomes measurement and evaluation strategies.
      • (G) Establish a youth public health program to expose and recruit high school students into health careers, with a focus on careers in public health.
    • (2) INNOVATIVE OPPORTUNITIES- An eligible entity may use amounts awarded under a grant under subsection (a)(1) or subsection (a)(2) to carry out any of the following activities:
      • (A) Develop and implement innovative curricula in collaboration with community-based accredited primary care residency training programs, Federally qualified health centers, rural health clinics, behavioral and mental health facilities, public health departments, or other appropriate facilities, with the goal of increasing the number of primary care physicians and other primary care providers prepared to serve in underserved areas and health disparity populations.
      • (B) Coordinate community-based participatory research with academic health centers, and facilitate rapid flow and dissemination of evidence-based health care information, research results, and best practices to improve quality, efficiency, and effectiveness of health care and health care systems within community settings.
      • (C) Develop and implement other strategies to address identified workforce needs and increase and enhance the health care workforce in the area served by the area health education center program.
  • (d) Requirements-
    • (1) AREA HEALTH EDUCATION CENTER PROGRAM- In carrying out this section, the Secretary shall ensure the following:
      • (A) An entity that receives an award under this section shall conduct at least 10 percent of clinical education required for medical students in community settings that are removed from the primary teaching facility of the contracting institution for grantees that operate a school of medicine or osteopathic medicine. In States in which an entity that receives an award under this section is a nursing school or its parent institution, the Secretary shall alternatively ensure that--
        • (i) the nursing school conducts at least 10 percent of clinical education required for nursing students in community settings that are remote from the primary teaching facility of the school; and
        • (ii) the entity receiving the award maintains a written agreement with a school of medicine or osteopathic medicine to place students from that school in training sites in the area health education center program area.
      • (B) An entity receiving funds under subsection (a)(2) does not distribute such funding to a center that is eligible to receive funding under subsection (a)(1).
    • (2) AREA HEALTH EDUCATION CENTER- The Secretary shall ensure that each area health education center program includes at least 1 area health education center, and that each such center--
      • (A) is a public or private organization whose structure, governance, and operation is independent from the awardee and the parent institution of the awardee;
      • (B) is not a school of medicine or osteopathic medicine, the parent institution of such a school, or a branch campus or other subunit of a school of medicine or osteopathic medicine or its parent institution, or a consortium of such entities;
      • (C) designates an underserved area or population to be served by the center which is in a location removed from the main location of the teaching facilities of the schools participating in the program with such center and does not duplicate, in whole or in part, the geographic area or population served by any other center;
      • (D) fosters networking and collaboration among communities and between academic health centers and community-based centers;
      • (E) serves communities with a demonstrated need of health professionals in partnership with academic medical centers;
      • (F) addresses the health care workforce needs of the communities served in coordination with the public workforce investment system; and
      • (G) has a community-based governing or advisory board that reflects the diversity of the communities involved.
  • (e) Matching Funds- With respect to the costs of operating a program through a grant under this section, to be eligible for financial assistance under this section, an entity shall make available (directly or through contributions from State, county or municipal governments, or the private sector) recurring non-Federal contributions in cash or in kind, toward such costs in an amount that is equal to not less than 50 percent of such costs. At least 25 percent of the total required non-Federal contributions shall be in cash. An entity may apply to the Secretary for a waiver of not more than 75 percent of the matching fund amount required by the entity for each of the first 3 years the entity is funded through a grant under subsection (a)(1).
  • (f) Limitation- Not less than 75 percent of the total amount provided to an area health education center program under subsection (a)(1) or (a)(2) shall be allocated to the area health education centers participating in the program under this section. To provide needed flexibility to newly funded area health education center programs, the Secretary may waive the requirement in the sentence for the first 2 years of a new area health education center program funded under subsection (a)(1).
  • (g) Award- An award to an entity under this section shall be not less than $250,000 annually per area health education center included in the program involved. If amounts appropriated to carry out this section are not sufficient to comply with the preceding sentence, the Secretary may reduce the per center amount provided for in such sentence as necessary, provided the distribution established in subsection (j)(2) is maintained.
  • (h) Project Terms-
    • (1) IN GENERAL- Except as provided in paragraph (2), the period during which payments may be made under an award under subsection (a)(1) may not exceed--
      • (A) in the case of a program, 12 years; or
      • (B) in the case of a center within a program, 6 years.
    • (2) EXCEPTION- The periods described in paragraph (1) shall not apply to programs receiving point of service maintenance and enhancement awards under subsection (a)(2) to maintain existing centers and activities.
  • (i) Inapplicability of Provision- Notwithstanding any other provision of this title, section 791(a) shall not apply to an area health education center funded under this section.
  • (j) Authorization of Appropriations-
    • (1) IN GENERAL- There is authorized to be appropriated to carry out this section $125,000,000 for each of the fiscal years 2010 through 2014.
    • (2) REQUIREMENTS- Of the amounts appropriated for a fiscal year under paragraph (1)--
      • (A) not more than 35 percent shall be used for awards under subsection (a)(1);
      • (B) not less than 60 percent shall be used for awards under subsection (a)(2);
      • (C) not more than 1 percent shall be used for grants and contracts to implement outcomes evaluation for the area health education centers; and
      • (D) not more than 4 percent shall be used for grants and contracts to provide technical assistance to entities receiving awards under this section.
    • (3) CARRYOVER FUNDS- An entity that receives an award under this section may carry over funds from 1 fiscal year to another without obtaining approval from the Secretary. In no case may any funds be carried over pursuant to the preceding sentence for more than 3 years.
  • (k) Sense of Congress- It is the sense of the Congress that every State have an area health education center program in effect under this section.'.
  • (b) Continuing Educational Support for Health Professionals Serving in Underserved Communities- Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended by striking section 752 and inserting the following:

SEC. 752. CONTINUING EDUCATIONAL SUPPORT FOR HEALTH PROFESSIONALS SERVING IN UNDERSERVED COMMUNITIES.[edit]

  • (a) In General- The Secretary shall make grants to, and enter into contracts with, eligible entities to improve health care, increase retention, increase representation of minority faculty members, enhance the practice environment, and provide information dissemination and educational support to reduce professional isolation through the timely dissemination of research findings using relevant resources.
  • (b) Eligible Entities- For purposes of this section, the term `eligible entity' means an entity described in section 799(b).
  • (c) Application- An eligible entity desiring to receive an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • (d) Use of Funds- An eligible entity shall use amounts awarded under a grant or contract under this section to provide innovative supportive activities to enhance education through distance learning, continuing educational activities, collaborative conferences, and electronic and telelearning activities, with priority for primary care.
  • (e) Authorization- There is authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year.'.

SEC. 5404. WORKFORCE DIVERSITY GRANTS.[edit]

  • Section 821 of the Public Health Service Act (42 U.S.C. 296m) is amended--
    • (1) in subsection (a)--
      • (A) by striking `The Secretary may' and inserting the following:
    • (1) AUTHORITY- The Secretary may';
      • (B) by striking `pre-entry preparation, and retention activities' and inserting the following: `stipends for diploma or associate degree nurses to enter a bridge or degree completion program, student scholarships or stipends for accelerated nursing degree programs, pre-entry preparation, advanced education preparation, and retention activities'; and
    • (2) in subsection (b)--
      • (A) by striking `First' and all that follows through `including the' and inserting `National Advisory Council on Nurse Education and Practice and consult with nursing associations including the National Coalition of Ethnic Minority Nurse Associations,'; and
      • (B) by inserting before the period the following: `, and other organizations determined appropriate by the Secretary'.

SEC. 5405. PRIMARY CARE EXTENSION PROGRAM.[edit]

  • Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.), as amended by section 5313, is further amended by adding at the end the following:

SEC. 399W. PRIMARY CARE EXTENSION PROGRAM.[edit]

  • (a) Establishment, Purpose and Definition-
    • (1) IN GENERAL- The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall establish a Primary Care Extension Program.
    • (2) PURPOSE- The Primary Care Extension Program shall provide support and assistance to primary care providers to educate providers about preventive medicine, health promotion, chronic disease management, mental and behavioral health services (including substance abuse prevention and treatment services), and evidence-based and evidence-informed therapies and techniques, in order to enable providers to incorporate such matters into their practice and to improve community health by working with community-based health connectors (referred to in this section as `Health Extension Agents').
    • (3) DEFINITIONS- In this section:
      • (A) HEALTH EXTENSION AGENT- The term `Health Extension Agent' means any local, community-based health worker who facilitates and provides assistance to primary care practices by implementing quality improvement or system redesign, incorporating the principles of the patient-centered medical home to provide high-quality, effective, efficient, and safe primary care and to provide guidance to patients in culturally and linguistically appropriate ways, and linking practices to diverse health system resources.
      • (B) PRIMARY CARE PROVIDER- The term `primary care provider' means a clinician who provides integrated, accessible health care services and who is accountable for addressing a large majority of personal health care needs, including providing preventive and health promotion services for men, women, and children of all ages, developing a sustained partnership with patients, and practicing in the context of family and community, as recognized by a State licensing or regulatory authority, unless otherwise specified in this section.
  • (b) Grants To Establish State Hubs and Local Primary Care Extension Agencies-
    • (1) GRANTS- The Secretary shall award competitive grants to States for the establishment of State- or multistate-level primary care Primary Care Extension Program State Hubs (referred to in this section as `Hubs').
    • (2) COMPOSITION OF HUBS- A Hub established by a State pursuant to paragraph (1)--
      • (A) shall consist of, at a minimum, the State health department, the entity responsible for administering the State Medicaid program (if other than the State health department), the State-level entity administering the Medicare program, and the departments of 1 or more health professions schools in the State that train providers in primary care; and
      • (B) may include entities such as hospital associations, primary care practice-based research networks, health professional societies, State primary care associations, State licensing boards, organizations with a contract with the Secretary under section 1153 of the Social Security Act, consumer groups, and other appropriate entities.
  • (c) State and Local Activities-
    • (1) HUB ACTIVITIES- Hubs established under a grant under subsection (b) shall--
      • (A) submit to the Secretary a plan to coordinate functions with quality improvement organizations and area health education centers if such entities are members of the Hub not described in subsection (b)(2)(A);
      • (B) contract with a county- or local-level entity that shall serve as the Primary Care Extension Agency to administer the services described in paragraph (2);
      • (C) organize and administer grant funds to county- or local-level Primary Care Extension Agencies that serve a catchment area, as determined by the State; and
      • (D) organize State-wide or multistate networks of local-level Primary Care Extension Agencies to share and disseminate information and practices.
    • (2) LOCAL PRIMARY CARE EXTENSION AGENCY ACTIVITIES-
      • (A) REQUIRED ACTIVITIES- Primary Care Extension Agencies established by a Hub under paragraph (1) shall--
        • (i) assist primary care providers to implement a patient-centered medical home to improve the accessibility, quality, and efficiency of primary care services, including health homes;
        • (ii) develop and support primary care learning communities to enhance the dissemination of research findings for evidence-based practice, assess implementation of practice improvement, share best practices, and involve community clinicians in the generation of new knowledge and identification of important questions for research;
        • (iii) participate in a national network of Primary Care Extension Hubs and propose how the Primary Care Extension Agency will share and disseminate lessons learned and best practices; and
        • (iv) develop a plan for financial sustainability involving State, local, and private contributions, to provide for the reduction in Federal funds that is expected after an initial 6-year period of program establishment, infrastructure development, and planning.
      • (B) DISCRETIONARY ACTIVITIES- Primary Care Extension Agencies established by a Hub under paragraph (1) may--
        • (i) provide technical assistance, training, and organizational support for community health teams established under section 3602 of the Patient Protection and Affordable Care Act;
        • (ii) collect data and provision of primary care provider feedback from standardized measurements of processes and outcomes to aid in continuous performance improvement;
        • (iii) collaborate with local health departments, community health centers, tribes and tribal entities, and other community agencies to identify community health priorities and local health workforce needs, and participate in community-based efforts to address the social and primary determinants of health, strengthen the local primary care workforce, and eliminate health disparities;
        • (iv) develop measures to monitor the impact of the proposed program on the health of practice enrollees and of the wider community served; and
        • (v) participate in other activities, as determined appropriate by the Secretary.
  • (d) Federal Program Administration-
    • (1) GRANTS; TYPES- Grants awarded under subsection (b) shall be--
      • (A) program grants, that are awarded to State or multistate entities that submit fully-developed plans for the implementation of a Hub, for a period of 6 years; or
      • (B) planning grants, that are awarded to State or multistate entities with the goal of developing a plan for a Hub, for a period of 2 years.
    • (2) APPLICATIONS- To be eligible for a grant under subsection (b), a State or multistate entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require.
    • (3) EVALUATION- A State that receives a grant under subsection (b) shall be evaluated at the end of the grant period by an evaluation panel appointed by the Secretary.
    • (4) CONTINUING SUPPORT- After the sixth year in which assistance is provided to a State under a grant awarded under subsection (b), the State may receive additional support under this section if the State program has received satisfactory evaluations with respect to program performance and the merits of the State sustainability plan, as determined by the Secretary.
    • (5) LIMITATION- A State shall not use in excess of 10 percent of the amount received under a grant to carry out administrative activities under this section. Funds awarded pursuant to this section shall not be used for funding direct patient care.
  • (e) Requirements on the Secretary- In carrying out this section, the Secretary shall consult with the heads of other Federal agencies with demonstrated experience and expertise in health care and preventive medicine, such as the Centers for Disease Control and Prevention, the Substance Abuse and Mental Health Administration, the Health Resources and Services Administration, the National Institutes of Health, the Office of the National Coordinator for Health Information Technology, the Indian Health Service, the Agricultural Cooperative Extension Service of the Department of Agriculture, and other entities, as the Secretary determines appropriate.
  • (f) Authorization of Appropriations- To awards grants as provided in subsection (d), there are authorized to be appropriated $120,000,000 for each of fiscal years 2011 and 2012, and such sums as may be necessary to carry out this section for each of fiscal years 2013 through 2014.'.

Subtitle F--Strengthening Primary Care and Other Workforce Improvements[edit]

SEC. 5501. EXPANDING ACCESS TO PRIMARY CARE SERVICES AND GENERAL SURGERY SERVICES.[edit]

  • (a) Incentive Payment Program for Primary Care Services-
    • (1) IN GENERAL- Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection:
  • (x) Incentive Payments for Primary Care Services-
    • (1) IN GENERAL- In the case of primary care services furnished on or after January 1, 2011, and before January 1, 2016, by a primary care practitioner, in addition to the amount of payment that would otherwise be made for such services under this part, there also shall be paid (on a monthly or quarterly basis) an amount equal to 10 percent of the payment amount for the service under this part.
    • (2) DEFINITIONS- In this subsection:
      • (A) PRIMARY CARE PRACTITIONER- The term `primary care practitioner' means an individual--
        • (i) who--
          • (I) is a physician (as described in section 1861(r)(1)) who has a primary specialty designation of family medicine, internal medicine, geriatric medicine, or pediatric medicine; or
          • (II) is a nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in section 1861(aa)(5)); and
        • (ii) for whom primary care services accounted for at least 60 percent of the allowed charges under this part for such physician or practitioner in a prior period as determined appropriate by the Secretary.
      • (B) PRIMARY CARE SERVICES- The term `primary care services' means services identified, as of January 1, 2009, by the following HCPCS codes (and as subsequently modified by the Secretary):
        • (i) 99201 through 99215.
        • (ii) 99304 through 99340.
        • (iii) 99341 through 99350.
    • (3) COORDINATION WITH OTHER PAYMENTS- The amount of the additional payment for a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the service under subsection (m) and this subsection, respectively.
    • (4) LIMITATION ON REVIEW- There shall be no administrative or judicial review under section 1869, 1878, or otherwise, respecting the identification of primary care practitioners under this subsection.'.
    • (2) CONFORMING AMENDMENT- Section 1834(g)(2)(B) of the Social Security Act (42 U.S.C. 1395m(g)(2)(B)) is amended by adding at the end the following sentence: `Section 1833(x) shall not be taken into account in determining the amounts that would otherwise be paid pursuant to the preceding sentence.'.
  • (b) Incentive Payment Program for Major Surgical Procedures Furnished in Health Professional Shortage Areas-
    • (1) IN GENERAL- Section 1833 of the Social Security Act (42 U.S.C. 1395l), as amended by subsection (a)(1), is amended by adding at the end the following new subsection:
  • (y) Incentive Payments for Major Surgical Procedures Furnished in Health Professional Shortage Areas-
    • (1) IN GENERAL- In the case of major surgical procedures furnished on or after January 1, 2011, and before January 1, 2016, by a general surgeon in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of the year involved, in addition to the amount of payment that would otherwise be made for such services under this part, there also shall be paid (on a monthly or quarterly basis) an amount equal to 10 percent of the payment amount for the service under this part.
    • (2) DEFINITIONS- In this subsection:
      • (A) GENERAL SURGEON- In this subsection, the term `general surgeon' means a physician (as described in section 1861(r)(1)) who has designated CMS specialty code 02-General Surgery as their primary specialty code in the physician's enrollment under section 1866(j).
      • (B) MAJOR SURGICAL PROCEDURES- The term `major surgical procedures' means physicians' services which are surgical procedures for which a 10-day or 90-day global period is used for payment under the fee schedule under section 1848(b).
    • (3) COORDINATION WITH OTHER PAYMENTS- The amount of the additional payment for a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the service under subsection (m) and this subsection, respectively.
    • (4) APPLICATION- The provisions of paragraph (2) and (4) of subsection (m) shall apply to the determination of additional payments under this subsection in the same manner as such provisions apply to the determination of additional payments under subsection (m).'.
    • (2) CONFORMING AMENDMENT- Section 1834(g)(2)(B) of the Social Security Act (42 U.S.C. 1395m(g)(2)(B)), as amended by subsection (a)(2), is amended by striking `Section 1833(x)' and inserting `Subsections (x) and (y) of section 1833' in the last sentence.
  • (c) Budget-neutrality Adjustment- Section 1848(c)(2)(B) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)(B)) is amended by adding at the end the following new clause:
        • (vii) ADJUSTMENT FOR CERTAIN PHYSICIAN INCENTIVE PAYMENTS- Fifty percent of the additional expenditures under this part attributable to subsections (x) and (y) of section 1833 for a year (as estimated by the Secretary) shall be taken into account in applying clause (ii)(II) for 2011 and subsequent years. In lieu of applying the budget-neutrality adjustments required under clause (ii)(II) to relative value units to account for such costs for the year, the Secretary shall apply such budget-neutrality adjustments to the conversion factor otherwise determined for the year. For 2011 and subsequent years, the Secretary shall increase the incentive payment otherwise applicable under section 1833(m) by a percent estimated to be equal to the additional expenditures estimated under the first sentence of this clause for such year that is applicable to physicians who primarily furnish services in areas designated (under section 332(a)(1)(A) of the Public Health Service Act) as health professional shortage areas.'.

SEC. 5502. MEDICARE FEDERALLY QUALIFIED HEALTH CENTER IMPROVEMENTS.[edit]

  • (a) Expansion of Medicare-Covered Preventive Services at Federally Qualified Health Centers-
    • (1) IN GENERAL- Section 1861(aa)(3)(A) of the Social Security Act (42 U.S.C. 1395w (aa)(3)(A)) is amended to read as follows:
      • (A) services of the type described subparagraphs (A) through (C) of paragraph (1) and preventive services (as defined in section 1861(ddd)(3)); and'.
    • (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to services furnished on or after January 1, 2011.
  • (b) Prospective Payment System for Federally Qualified Health Centers- Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:
  • (n) Development and Implementation of Prospective Payment System-
    • (1) DEVELOPMENT-
      • (A) IN GENERAL- The Secretary shall develop a prospective payment system for payment for Federally qualified health services furnished by Federally qualified health centers under this title. Such system shall include a process for appropriately describing the services furnished by Federally qualified health centers.
      • (B) COLLECTION OF DATA AND EVALUATION- The Secretary shall require Federally qualified health centers to submit to the Secretary such information as the Secretary may require in order to develop and implement the prospective payment system under this paragraph and paragraph (2), respectively, including the reporting of services using HCPCS codes.
    • (2) IMPLEMENTATION-
      • (A) IN GENERAL- Notwithstanding section 1833(a)(3)(B), the Secretary shall provide, for cost reporting periods beginning on or after October 1, 2014, for payments for Federally qualified health services furnished by Federally qualified health centers under this title in accordance with the prospective payment system developed by the Secretary under paragraph (1).
      • (B) PAYMENTS-
        • (i) INITIAL PAYMENTS- The Secretary shall implement such prospective payment system so that the estimated amount of expenditures under this title for Federally qualified health services in the first year that the prospective payment system is implemented is equal to 103 percent of the estimated amount of expenditures under this title that would have occurred for such services in such year if the system had not been implemented.
        • (ii) PAYMENTS IN SUBSEQUENT YEARS- In the year after the first year of implementation of such system, and in each subsequent year, the payment rate for Federally qualified health services furnished in the year shall be equal to the payment rate established for such services furnished in the preceding year under this subparagraph increased by the percentage increase in the MEI (as defined in 1842(i)(3)) for the year involved.'.

SEC. 5503. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.[edit]

  • (a) In General- Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended--
    • (1) in paragraph (4)(F)(i), by striking `paragraph (7)' and inserting `paragraphs (7) and (8)';
    • (2) in paragraph (4)(H)(i), by striking `paragraph (7)' and inserting `paragraphs (7) and (8)';
    • (3) in paragraph (7)(E), by inserting `or paragraph (8)' before the period at the end; and
    • (4) by adding at the end the following new paragraph:
    • (8) DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS-
      • (A) REDUCTIONS IN LIMIT BASED ON UNUSED POSITIONS-
        • (i) IN GENERAL- Except as provided in clause (ii), if a hospital's reference resident level (as defined in subparagraph (H)(i)) is less than the otherwise applicable resident limit (as defined in subparagraph (H)(iii)), effective for portions of cost reporting periods occurring on or after July 1, 2011, the otherwise applicable resident limit shall be reduced by 65 percent of the difference between such otherwise applicable resident limit and such reference resident level.
        • (ii) EXCEPTIONS- This subparagraph shall not apply to--
          • (I) a hospital located in a rural area (as defined in subsection (d)(2)(D)(ii)) with fewer than 250 acute care inpatient beds;
          • (II) a hospital that was part of a qualifying entity which had a voluntary residency reduction plan approved under paragraph (6)(B) or under the authority of section 402 of Public Law 90-248, if the hospital demonstrates to the Secretary that it has a specified plan in place for filling the unused positions by not later than 2 years after the date of enactment of this paragraph; or
          • (III) a hospital described in paragraph (4)(H)(v).
      • (B) DISTRIBUTION-
        • (i) IN GENERAL- The Secretary shall increase the otherwise applicable resident limit for each qualifying hospital that submits an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1, 2011. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to the aggregate reduction in such limits attributable to subparagraph (A) (as estimated by the Secretary).
        • (ii) REQUIREMENTS- Subject to clause (iii), a hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning on the date of such increase, that--
          • (I) the number of full-time equivalent primary care residents, as defined in paragraph (5)(H) (as determined by the Secretary), excluding any additional positions under subclause (II), is not less than the average number of full-time equivalent primary care residents (as so determined) during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and
          • (II) not less than 75 percent of the positions attributable to such increase are in a primary care or general surgery residency (as determined by the Secretary).
        • The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period.
        • (iii) REDISTRIBUTION OF POSITIONS IF HOSPITAL NO LONGER MEETS CERTAIN REQUIREMENTS- In the case where the Secretary determines that a hospital described in clause (ii) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall--
          • (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and
          • (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph.
      • (C) CONSIDERATIONS IN REDISTRIBUTION- In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall take into account--
        • (i) the demonstration likelihood of the hospital filling the positions made available under this paragraph within the first 3 cost reporting periods beginning on or after July 1, 2011, as determined by the Secretary; and
        • (ii) whether the hospital has an accredited rural training track (as described in paragraph (4)(H)(iv)).
      • (D) PRIORITY FOR CERTAIN AREAS- In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), subject to subparagraph (E), the Secretary shall distribute the increase to hospitals based on the following factors:
        • (i) Whether the hospital is located in a State with a resident-to-population ratio in the lowest quartile (as determined by the Secretary).
        • (ii) Whether the hospital is located in a State, a territory of the United States, or the District of Columbia that is among the top 10 States, territories, or Districts in terms of the ratio of--
          • (I) the total population of the State, territory, or District living in an area designated (under such section 332(a)(1)(A)) as a health professional shortage area (as of the date of enactment of this paragraph); to
          • (II) the total population of the State, territory, or District (as determined by the Secretary based on the most recent available population data published by the Bureau of the Census).
        • (iii) Whether the hospital is located in a rural area (as defined in subsection (d)(2)(D)(ii)).
      • (E) RESERVATION OF POSITIONS FOR CERTAIN HOSPITALS-
        • (i) IN GENERAL- Subject to clause (ii), the Secretary shall reserve the positions available for distribution under this paragraph as follows:
          • (I) 70 percent of such positions for distribution to hospitals described in clause (i) of subparagraph (D).
          • (II) 30 percent of such positions for distribution to hospitals described in clause (ii) and (iii) of such subparagraph.
        • (ii) EXCEPTION IF POSITIONS NOT REDISTRIBUTED BY JULY 1, 2011- In the case where the Secretary does not distribute positions to hospitals in accordance with clause (i) by July 1, 2011, the Secretary shall distribute such positions to other hospitals in accordance with the considerations described in subparagraph (C) and the priority described in subparagraph (D).
      • (F) LIMITATION- A hospital may not receive more than 75 full-time equivalent additional residency positions under this paragraph.
      • (G) APPLICATION OF PER RESIDENT AMOUNTS FOR PRIMARY CARE AND NONPRIMARY CARE- With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital.
      • (H) DEFINITIONS- In this paragraph:
        • (i) REFERENCE RESIDENT LEVEL- The term `reference resident level' means, with respect to a hospital, the highest resident level for any of the 3 most recent cost reporting periods (ending before the date of the enactment of this paragraph) of the hospital for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary.
        • (ii) RESIDENT LEVEL- The term `resident level' has the meaning given such term in paragraph (7)(C)(i).
        • (iii) OTHERWISE APPLICABLE RESIDENT LIMIT- The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraph (7)(A).'.
  • (b) IME-
    • (1) IN GENERAL- Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, is amended--
      • (A) by striking `subsection (h)(7)' and inserting `subsections (h)(7) and (h)(8)'; and
      • (B) by striking `it applies' and inserting `they apply'.
    • (2) CONFORMING AMENDMENT- Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following clause:
    • (x) For discharges occurring on or after July 1, 2011, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(8)(B), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.'.
  • (c) Conforming Amendment- Section 422(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by striking `section 1886(h)(7)' and all that follows and inserting `paragraphs (7) and (8) of subsection (h) of section 1886 of the Social Security Act'.

SEC. 5504. COUNTING RESIDENT TIME IN NONPROVIDER SETTINGS.[edit]

  • (a) GME- Section 1886(h)(4)(E) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(E)) is amended--
    • (1) by striking `shall be counted and that all the time' and inserting `shall be counted and that--
        • (i) effective for cost reporting periods beginning before July 1, 2010, all the time;';
    • (2) in clause (i), as inserted by paragraph (1), by striking the period at the end and inserting `; and';
    • (3) by inserting after clause (i), as so inserted, the following new clause:
        • (ii) effective for cost reporting periods beginning on or after July 1, 2010, all the time so spent by a resident shall be counted towards the determination of full-time equivalency, without regard to the setting in which the activities are performed, if a hospital incurs the costs of the stipends and fringe benefits of the resident during the time the resident spends in that setting. If more than one hospital incurs these costs, either directly or through a third party, such hospitals shall count a proportional share of the time, as determined by written agreement between the hospitals, that a resident spends training in that setting.'; and
    • (4) by adding at the end the following flush sentence:
      • Any hospital claiming under this subparagraph for time spent in a nonprovider setting shall maintain and make available to the Secretary records regarding the amount of such time and such amount in comparison with amounts of such time in such base year as the Secretary shall specify.'.
  • (b) IME- Section 1886(d)(5)(B)(iv) of the Social Security Act (42 U.S.C. 1395ww(d)(5)) is amended--
    • (1) by striking `(iv) Effective for discharges occurring on or after October 1, 1997' and inserting `(iv)(I) Effective for discharges occurring on or after October 1, 1997, and before July 1, 2010'; and
    • (2) by inserting after clause (I), as inserted by paragraph (1), the following new subparagraph:
    • (II) Effective for discharges occurring on or after July 1, 2010, all the time spent by an intern or resident in patient care activities in a nonprovider setting shall be counted towards the determination of full-time equivalency if a hospital incurs the costs of the stipends and fringe benefits of the intern or resident during the time the intern or resident spends in that setting. If more than one hospital incurs these costs, either directly or through a third party, such hospitals shall count a proportional share of the time, as determined by written agreement between the hospitals, that a resident spends training in that setting.'.
  • (c) Application- The amendments made by this section shall not be applied in a manner that requires reopening of any settled hospital cost reports as to which there is not a jurisdictionally proper appeal pending as of the date of the enactment of this Act on the issue of payment for indirect costs of medical education under section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) or for direct graduate medical education costs under section 1886(h) of such Act (42 U.S.C. 1395ww(h)).

SEC. 5505. RULES FOR COUNTING RESIDENT TIME FOR DIDACTIC AND SCHOLARLY ACTIVITIES AND OTHER ACTIVITIES.[edit]

  • (a) GME- Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)), as amended by section 5504, is amended--
    • (1) in paragraph (4)--
      • (A) in subparagraph (E), by striking `Such rules' and inserting `Subject to subparagraphs (J) and (K), such rules'; and
      • (B) by adding at the end the following new subparagraphs:
      • (J) TREATMENT OF CERTAIN NONPROVIDER AND DIDACTIC ACTIVITIES- Such rules shall provide that all time spent by an intern or resident in an approved medical residency training program in a nonprovider setting that is primarily engaged in furnishing patient care (as defined in paragraph (5)(K)) in non-patient care activities, such as didactic conferences and seminars, but not including research not associated with the treatment or diagnosis of a particular patient, as such time and activities are defined by the Secretary, shall be counted toward the determination of full-time equivalency.
      • (K) TREATMENT OF CERTAIN OTHER ACTIVITIES- In determining the hospital's number of full-time equivalent residents for purposes of this subsection, all the time that is spent by an intern or resident in an approved medical residency training program on vacation, sick leave, or other approved leave, as such time is defined by the Secretary, and that does not prolong the total time the resident is participating in the approved program beyond the normal duration of the program shall be counted toward the determination of full-time equivalency.'; and
    • (2) in paragraph (5), by adding at the end the following new subparagraph:
      • (K) NONPROVIDER SETTING THAT IS PRIMARILY ENGAGED IN FURNISHING PATIENT CARE- The term `nonprovider setting that is primarily engaged in furnishing patient care' means a nonprovider setting in which the primary activity is the care and treatment of patients, as defined by the Secretary.'.
  • (b) IME Determinations- Section 1886(d)(5)(B) of such Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause:
        • (x)(I) The provisions of subparagraph (K) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection.
        • (II) In determining the hospital's number of full-time equivalent residents for purposes of this subparagraph, all the time spent by an intern or resident in an approved medical residency training program in non-patient care activities, such as didactic conferences and seminars, as such time and activities are defined by the Secretary, that occurs in the hospital shall be counted toward the determination of full-time equivalency if the hospital--
          • (aa) is recognized as a subsection (d) hospital;
          • (bb) is recognized as a subsection (d) Puerto Rico hospital;
          • (cc) is reimbursed under a reimbursement system authorized under section 1814(b)(3); or
          • (dd) is a provider-based hospital outpatient department.
        • (III) In determining the hospital's number of full-time equivalent residents for purposes of this subparagraph, all the time spent by an intern or resident in an approved medical residency training program in research activities that are not associated with the treatment or diagnosis of a particular patient, as such time and activities are defined by the Secretary, shall not be counted toward the determination of full-time equivalency.'.
  • (c) Effective Dates-
    • (1) IN GENERAL- Except as otherwise provided, the Secretary of Health and Human Services shall implement the amendments made by this section in a manner so as to apply to cost reporting periods beginning on or after January 1, 1983.
    • (2) GME- Section 1886(h)(4)(J) of the Social Security Act, as added by subsection (a)(1)(B), shall apply to cost reporting periods beginning on or after July 1, 2009.
    • (3) IME- Section 1886(d)(5)(B)(x)(III) of the Social Security Act, as added by subsection (b), shall apply to cost reporting periods beginning on or after October 1, 2001. Such section, as so added, shall not give rise to any inference as to how the law in effect prior to such date should be interpreted.

SEC. 5506. PRESERVATION OF RESIDENT CAP POSITIONS FROM CLOSED HOSPITALS.[edit]

  • (a) GME- Section 1886(h)(4)(H) of the Social Security Act (42 U.S.C. Section 1395ww(h)(4)(H)) is amended by adding at the end the following new clause:
        • (vi) REDISTRIBUTION OF RESIDENCY SLOTS AFTER A HOSPITAL CLOSES-
          • (I) IN GENERAL- Subject to the succeeding provisions of this clause, the Secretary shall, by regulation, establish a process under which, in the case where a hospital (other than a hospital described in clause (v)) with an approved medical residency program closes on or after a date that is 2 years before the date of enactment of this clause, the Secretary shall increase the otherwise applicable resident limit under this paragraph for other hospitals in accordance with this clause.
          • (II) PRIORITY FOR HOSPITALS IN CERTAIN AREAS- Subject to the succeeding provisions of this clause, in determining for which hospitals the increase in the otherwise applicable resident limit is provided under such process, the Secretary shall distribute the increase to hospitals in the following priority order (with preference given within each category to hospitals that are members of the same affiliated group (as defined by the Secretary under clause (ii)) as the closed hospital):

<TTITLE> `(aa) First, to hospitals located in the same core-based statistical area as, or a core-based statistical area contiguous to, the hospital that closed.</TTITLE> <TTITLE> `(bb) Second, to hospitals located in the same State as the hospital that closed.</TTITLE> <TTITLE> `(cc) Third, to hospitals located in the same region of the country as the hospital that closed.</TTITLE> <TTITLE> `(dd) Fourth, only if the Secretary is not able to distribute the increase to hospitals described in item (cc), to qualifying hospitals in accordance with the provisions of paragraph (8).</TTITLE>

*****(III) REQUIREMENT HOSPITAL LIKELY TO FILL POSITION WITHIN CERTAIN TIME PERIOD- The Secretary may only increase the otherwise applicable resident limit of a hospital under such process if the Secretary determines the hospital has demonstrated a likelihood of filling the positions made available under this clause within 3 years.

          • (IV) LIMITATION- The aggregate number of increases in the otherwise applicable resident limits for hospitals under this clause shall be equal to the number of resident positions in the approved medical residency programs that closed on or after the date described in subclause (I).
          • (V) ADMINISTRATION- Chapter 35 of title 44, United States Code, shall not apply to the implementation of this clause.'.
  • (b) IME- Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, as amended by section 5503, is amended by striking `subsections (h)(7) and (h)(8)' and inserting `subsections (h)(4)(H)(vi), (h)(7), and (h)(8)'.
  • (c) Application- The amendments made by this section shall not be applied in a manner that requires reopening of any settled hospital cost reports as to which there is not a jurisdictionally proper appeal pending as of the date of the enactment of this Act on the issue of payment for indirect costs of medical education under section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) or for direct graduate medical education costs under section 1886(h) of such Act (42 U.S.C. Section 1395ww(h)).
  • (d) Effect on Temporary FTE Cap Adjustments- The Secretary of Health and Human Services shall give consideration to the effect of the amendments made by this section on any temporary adjustment to a hospital's FTE cap under section 413.79(h) of title 42, Code of Federal Regulations (as in effect on the date of enactment of this Act) in order to ensure that there is no duplication of FTE slots. Such amendments shall not affect the application of section 1886(h)(4)(H)(v) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)(v)).
  • (e) Conforming Amendment- Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww(h)(7)(E)), as amended by section 5503(a), is amended by striking `paragraph or paragraph (8)' and inserting `this paragraph, paragraph (8), or paragraph (4)(H)(vi)'.

SEC. 5507. DEMONSTRATION PROJECTS TO ADDRESS HEALTH PROFESSIONS WORKFORCE NEEDS; EXTENSION OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS.[edit]

  • (a) Authority To Conduct Demonstration Projects- Title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is amended by adding at the end the following:

SEC. 2008. DEMONSTRATION PROJECTS TO ADDRESS HEALTH PROFESSIONS WORKFORCE NEEDS.[edit]

  • (a) Demonstration Projects To Provide Low-Income Individuals With Opportunities for Education, Training, and Career Advancement To Address Health Professions Workforce Needs-
    • (1) AUTHORITY TO AWARD GRANTS- The Secretary, in consultation with the Secretary of Labor, shall award grants to eligible entities to conduct demonstration projects that are designed to provide eligible individuals with the opportunity to obtain education and training for occupations in the health care field that pay well and are expected to either experience labor shortages or be in high demand.
    • (2) REQUIREMENTS-
      • (A) AID AND SUPPORTIVE SERVICES-
        • (i) IN GENERAL- A demonstration project conducted by an eligible entity awarded a grant under this section shall, if appropriate, provide eligible individuals participating in the project with financial aid, child care, case management, and other supportive services.
        • (ii) TREATMENT- Any aid, services, or incentives provided to an eligible beneficiary participating in a demonstration project under this section shall not be considered income, and shall not be taken into account for purposes of determining the individual's eligibility for, or amount of, benefits under any means-tested program.
      • (B) CONSULTATION AND COORDINATION- An eligible entity applying for a grant to carry out a demonstration project under this section shall demonstrate in the application that the entity has consulted with the State agency responsible for administering the State TANF program, the local workforce investment board in the area in which the project is to be conducted (unless the applicant is such board), the State workforce investment board established under section 111 of the Workforce Investment Act of 1998, and the State Apprenticeship Agency recognized under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act') (or if no agency has been recognized in the State, the Office of Apprenticeship of the Department of Labor) and that the project will be carried out in coordination with such entities.
      • (C) ASSURANCE OF OPPORTUNITIES FOR INDIAN POPULATIONS- The Secretary shall award at least 3 grants under this subsection to an eligible entity that is an Indian tribe, tribal organization, or Tribal College or University.
    • (3) REPORTS AND EVALUATION-
      • (A) ELIGIBLE ENTITIES- An eligible entity awarded a grant to conduct a demonstration project under this subsection shall submit interim reports to the Secretary on the activities carried out under the project and a final report on such activities upon the conclusion of the entities' participation in the project. Such reports shall include assessments of the effectiveness of such activities with respect to improving outcomes for the eligible individuals participating in the project and with respect to addressing health professions workforce needs in the areas in which the project is conducted.
      • (B) EVALUATION- The Secretary shall, by grant, contract, or interagency agreement, evaluate the demonstration projects conducted under this subsection. Such evaluation shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals and other entry-level workers, a health professions workforce that has accessible entry points, that meets high standards for education, training, certification, and professional development, and that provides increased wages and affordable benefits, including health care coverage, that are responsive to the workforce's needs.
      • (C) REPORT TO CONGRESS- The Secretary shall submit interim reports and, based on the evaluation conducted under subparagraph (B), a final report to Congress on the demonstration projects conducted under this subsection.
    • (4) DEFINITIONS- In this subsection:
      • (A) ELIGIBLE ENTITY- The term `eligible entity' means a State, an Indian tribe or tribal organization, an institution of higher education, a local workforce investment board established under section 117 of the Workforce Investment Act of 1998, a sponsor of an apprenticeship program registered under the National Apprenticeship Act or a community-based organization.
      • (B) ELIGIBLE INDIVIDUAL-
        • (i) IN GENERAL- The term `eligible individual' means a individual receiving assistance under the State TANF program.
        • (ii) OTHER LOW-INCOME INDIVIDUALS- Such term may include other low-income individuals described by the eligible entity in its application for a grant under this section.
      • (C) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms `Indian tribe' and `tribal organization' have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
      • (D) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
      • (E) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.
      • (F) STATE TANF PROGRAM- The term `State TANF program' means the temporary assistance for needy families program funded under part A of title IV.
      • (G) TRIBAL COLLEGE OR UNIVERSITY- The term `Tribal College or University' has the meaning given that term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
  • (b) Demonstration Project To Develop Training and Certification Programs for Personal or Home Care Aides-
    • (1) AUTHORITY TO AWARD GRANTS- Not later than 18 months after the date of enactment of this section, the Secretary shall award grants to eligible entities that are States to conduct demonstration projects for purposes of developing core training competencies and certification programs for personal or home care aides. The Secretary shall--
      • (A) evaluate the efficacy of the core training competencies described in paragraph (3)(A) for newly hired personal or home care aides and the methods used by States to implement such core training competencies in accordance with the issues specified in paragraph (3)(B); and
      • (B) ensure that the number of hours of training provided by States under the demonstration project with respect to such core training competencies are not less than the number of hours of training required under any applicable State or Federal law or regulation.
    • (2) DURATION- A demonstration project shall be conducted under this subsection for not less than 3 years.
    • (3) CORE TRAINING COMPETENCIES FOR PERSONAL OR HOME CARE AIDES-
      • (A) IN GENERAL- The core training competencies for personal or home care aides described in this subparagraph include competencies with respect to the following areas:
        • (i) The role of the personal or home care aide (including differences between a personal or home care aide employed by an agency and a personal or home care aide employed directly by the health care consumer or an independent provider).
        • (ii) Consumer rights, ethics, and confidentiality (including the role of proxy decision-makers in the case where a health care consumer has impaired decision-making capacity).
        • (iii) Communication, cultural and linguistic competence and sensitivity, problem solving, behavior management, and relationship skills.
        • (iv) Personal care skills.
        • (v) Health care support.
        • (vi) Nutritional support.
        • (vii) Infection control.
        • (viii) Safety and emergency training.
        • (ix) Training specific to an individual consumer's needs (including older individuals, younger individuals with disabilities, individuals with developmental disabilities, individuals with dementia, and individuals with mental and behavioral health needs).
        • (x) Self-Care.
      • (B) IMPLEMENTATION- The implementation issues specified in this subparagraph include the following:
        • (i) The length of the training.
        • (ii) The appropriate trainer to student ratio.
        • (iii) The amount of instruction time spent in the classroom as compared to on-site in the home or a facility.
        • (iv) Trainer qualifications.
        • (v) Content for a `hands-on' and written certification exam.
        • (vi) Continuing education requirements.
    • (4) APPLICATION AND SELECTION CRITERIA-
      • (A) IN GENERAL-
        • (i) NUMBER OF STATES- The Secretary shall enter into agreements with not more than 6 States to conduct demonstration projects under this subsection.
        • (ii) REQUIREMENTS FOR STATES- An agreement entered into under clause (i) shall require that a participating State--
          • (I) implement the core training competencies described in paragraph (3)(A); and
          • (II) develop written materials and protocols for such core training competencies, including the development of a certification test for personal or home care aides who have completed such training competencies.
        • (iii) CONSULTATION AND COLLABORATION WITH COMMUNITY AND VOCATIONAL COLLEGES- The Secretary shall encourage participating States to consult with community and vocational colleges regarding the development of curricula to implement the project with respect to activities, as applicable, which may include consideration of such colleges as partners in such implementation.
      • (B) APPLICATION AND ELIGIBILITY- A State seeking to participate in the project shall--
        • (i) submit an application to the Secretary containing such information and at such time as the Secretary may specify;
        • (ii) meet the selection criteria established under subparagraph (C); and
        • (iii) meet such additional criteria as the Secretary may specify.
      • (C) SELECTION CRITERIA- In selecting States to participate in the program, the Secretary shall establish criteria to ensure (if applicable with respect to the activities involved)--
        • (i) geographic and demographic diversity;
        • (ii) that participating States offer medical assistance for personal care services under the State Medicaid plan;
        • (iii) that the existing training standards for personal or home care aides in each participating State--
          • (I) are different from such standards in the other participating States; and
          • (II) are different from the core training competencies described in paragraph (3)(A);
        • (iv) that participating States do not reduce the number of hours of training required under applicable State law or regulation after being selected to participate in the project; and
        • (v) that participating States recruit a minimum number of eligible health and long-term care providers to participate in the project.
      • (D) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance to States in developing written materials and protocols for such core training competencies.
    • (5) EVALUATION AND REPORT-
      • (A) EVALUATION- The Secretary shall develop an experimental or control group testing protocol in consultation with an independent evaluation contractor selected by the Secretary. Such contractor shall evaluate--
        • (i) the impact of core training competencies described in paragraph (3)(A), including curricula developed to implement such core training competencies, for personal or home care aides within each participating State on job satisfaction, mastery of job skills, beneficiary and family caregiver satisfaction with services, and additional measures determined by the Secretary in consultation with the expert panel;
        • (ii) the impact of providing such core training competencies on the existing training infrastructure and resources of States; and
        • (iii) whether a minimum number of hours of initial training should be required for personal or home care aides and, if so, what minimum number of hours should be required.
      • (B) REPORTS-
        • (i) REPORT ON INITIAL IMPLEMENTATION- Not later than 2 years after the date of enactment of this section, the Secretary shall submit to Congress a report on the initial implementation of activities conducted under the demonstration project, including any available results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action as the Secretary determines appropriate.
        • (ii) FINAL REPORT- Not later than 1 year after the completion of the demonstration project, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subparagraph (A), together with such recommendations for legislation or administrative action as the Secretary determines appropriate.
    • (6) DEFINITIONS- In this subsection:
      • (A) ELIGIBLE HEALTH AND LONG-TERM CARE PROVIDER- The term `eligible health and long-term care provider' means a personal or home care agency (including personal or home care public authorities), a nursing home, a home health agency (as defined in section 1861(o)), or any other health care provider the Secretary determines appropriate which--
        • (i) is licensed or authorized to provide services in a participating State; and
        • (ii) receives payment for services under title XIX.
      • (B) PERSONAL CARE SERVICES- The term `personal care services' has the meaning given such term for purposes of title XIX.
      • (C) PERSONAL OR HOME CARE AIDE- The term `personal or home care aide' means an individual who helps individuals who are elderly, disabled, ill, or mentally disabled (including an individual with Alzheimer's disease or other dementia) to live in their own home or a residential care facility (such as a nursing home, assisted living facility, or any other facility the Secretary determines appropriate) by providing routine personal care services and other appropriate services to the individual.
      • (D) STATE- The term `State' has the meaning given that term for purposes of title XIX.
  • (c) Funding-
    • (1) IN GENERAL- Subject to paragraph (2), out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out subsections (a) and (b), $85,000,000 for each of fiscal years 2010 through 2014.
    • (2) TRAINING AND CERTIFICATION PROGRAMS FOR PERSONAL AND HOME CARE AIDES- With respect to the demonstration projects under subsection (b), the Secretary shall use $5,000,000 of the amount appropriated under paragraph (1) for each of fiscal years 2010 through 2012 to carry out such projects. No funds appropriated under paragraph (1) shall be used to carry out demonstration projects under subsection (b) after fiscal year 2012.
  • (d) Nonapplication-
    • (1) IN GENERAL- Except as provided in paragraph (2), the preceding sections of this title shall not apply to grant awarded under this section.
    • (2) LIMITATIONS ON USE OF GRANTS- Section 2005(a) (other than paragraph (6)) shall apply to a grant awarded under this section to the same extent and in the same manner as such section applies to payments to States under this title.'.
  • (b) Extension of Family-To-Family Health Information Centers- Section 501(c)(1)(A)(iii) of the Social Security Act (42 U.S.C. 701(c)(1)(A)(iii)) is amended by striking `fiscal year 2009' and inserting `each of fiscal years 2009 through 2012'.

SEC. 5508. INCREASING TEACHING CAPACITY.[edit]

  • (a) Teaching Health Centers Training and Enhancement- Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et. seq.), as amended by section 5303, is further amended by inserting after section 749 the following:

SEC. 749A. TEACHING HEALTH CENTERS DEVELOPMENT GRANTS.[edit]

  • (a) Program Authorized- The Secretary may award grants under this section to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs.
  • (b) Amount and Duration- Grants awarded under this section shall be for a term of not more than 3 years and the maximum award may not be more than $500,000.
  • (c) Use of Funds- Amounts provided under a grant under this section shall be used to cover the costs of--
    • (1) establishing or expanding a primary care residency training program described in subsection (a), including costs associated with--
      • (A) curriculum development;
      • (B) recruitment, training and retention of residents and faculty:
      • (C) accreditation by the Accreditation Council for Graduate Medical Education (ACGME), the American Dental Association (ADA), or the American Osteopathic Association (AOA); and
      • (D) faculty salaries during the development phase; and
    • (2) technical assistance provided by an eligible entity.
  • (d) Application- A teaching health center seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • (e) Preference for Certain Applications- In selecting recipients for grants under this section, the Secretary shall give preference to any such application that documents an existing affiliation agreement with an area health education center program as defined in sections 751 and 799B.
  • (f) Definitions- In this section:
    • (1) ELIGIBLE ENTITY- The term `eligible entity' means an organization capable of providing technical assistance including an area health education center program as defined in sections 751 and 799B.
    • (2) PRIMARY CARE RESIDENCY PROGRAM- The term `primary care residency program' means an approved graduate medical residency training program (as defined in section 340H) in family medicine, internal medicine, pediatrics, internal medicine-pediatrics, obstetrics and gynecology, psychiatry, general dentistry, pediatric dentistry, and geriatrics.
    • (3) TEACHING HEALTH CENTER-
      • (A) IN GENERAL- The term `teaching health center' means an entity that--
        • (i) is a community based, ambulatory patient care center; and
        • (ii) operates a primary care residency program.
      • (B) INCLUSION OF CERTAIN ENTITIES- Such term includes the following:
        • (i) A Federally qualified health center (as defined in section 1905(l)(2)(B), of the Social Security Act).
        • (ii) A community mental health center (as defined in section 1861(ff)(3)(B) of the Social Security Act).
        • (iii) A rural health clinic, as defined in section 1861(aa) of the Social Security Act.
        • (iv) A health center operated by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act).
        • (v) An entity receiving funds under title X of the Public Health Service Act.
  • (g) Authorization of Appropriations- There is authorized to be appropriated, $25,000,000 for fiscal year 2010, $50,000,000 for fiscal year 2011, $50,000,000 for fiscal year 2012, and such sums as may be necessary for each fiscal year thereafter to carry out this section. Not to exceed $5,000,000 annually may be used for technical assistance program grants.'.
  • (b) National Health Service Corps Teaching Capacity- Section 338C(a) of the Public Health Service Act (42 U.S.C. 254m(a)) is amended to read as follows:
  • (a) Service in Full-time Clinical Practice- Except as provided in section 338D, each individual who has entered into a written contract with the Secretary under section 338A or 338B shall provide service in the full-time clinical practice of such individual's profession as a member of the Corps for the period of obligated service provided in such contract. For the purpose of calculating time spent in full-time clinical practice under this subsection, up to 50 percent of time spent teaching by a member of the Corps may be counted toward his or her service obligation.'.
  • (c) Payments to Qualified Teaching Health Centers- 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:

Subpart XI--Support of Graduate Medical Education in Qualified Teaching Health Centers[edit]

SEC. 340H. PROGRAM OF PAYMENTS TO TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.[edit]

  • (a) Payments- Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and for indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for expansion of existing or establishment of new approved graduate medical residency training programs.
  • (b) Amount of Payments-
    • (1) IN GENERAL- Subject to paragraph (2), the amounts payable under this section to qualified teaching health centers for an approved graduate medical residency training program for a fiscal year are each of the following amounts:
      • (A) DIRECT EXPENSE AMOUNT- The amount determined under subsection (c) for direct expenses associated with sponsoring approved graduate medical residency training programs.
      • (B) INDIRECT EXPENSE AMOUNT- The amount determined under subsection (d) for indirect expenses associated with the additional costs relating to teaching residents in such programs.
    • (2) CAPPED AMOUNT-
      • (A) IN GENERAL- The total of the payments made to qualified teaching health centers under paragraph (1)(A) or paragraph (1)(B) in a fiscal year shall not exceed the amount of funds appropriated under subsection (g) for such payments for that fiscal year.
      • (B) LIMITATION- The Secretary shall limit the funding of full-time equivalent residents in order to ensure the direct and indirect payments as determined under subsection (c) and (d) do not exceed the total amount of funds appropriated in a fiscal year under subsection (g).
  • (c) Amount of Payment for Direct Graduate Medical Education-
    • (1) IN GENERAL- The amount determined under this subsection for payments to qualified teaching health centers for direct graduate expenses relating to approved graduate medical residency training programs for a fiscal year is equal to the product of--
      • (A) the updated national per resident amount for direct graduate medical education, as determined under paragraph (2); and
      • (B) the average number of full-time equivalent residents in the teaching health center's graduate approved medical residency training programs as determined under section 1886(h)(4) of the Social Security Act (without regard to the limitation under subparagraph (F) of such section) during the fiscal year.
    • (2) UPDATED NATIONAL PER RESIDENT AMOUNT FOR DIRECT GRADUATE MEDICAL EDUCATION- The updated per resident amount for direct graduate medical education for a qualified teaching health center for a fiscal year is an amount determined as follows:
      • (A) DETERMINATION OF QUALIFIED TEACHING HEALTH CENTER PER RESIDENT AMOUNT- The Secretary shall compute for each individual qualified teaching health center a per resident amount--
        • (i) by dividing the national average per resident amount computed under section 340E(c)(2)(D) into a wage-related portion and a non-wage related portion by applying the proportion determined under subparagraph (B);
        • (ii) by multiplying the wage-related portion by the factor applied under section 1886(d)(3)(E) of the Social Security Act (but without application of section 4410 of the Balanced Budget Act of 1997 (42 U.S.C. 1395ww note)) during the preceding fiscal year for the teaching health center's area; and
        • (iii) by adding the non-wage-related portion to the amount computed under clause (ii).
      • (B) UPDATING RATE- The Secretary shall update such per resident amount for each such qualified teaching health center as determined appropriate by the Secretary.
  • (d) Amount of Payment for Indirect Medical Education-
    • (1) IN GENERAL- The amount determined under this subsection for payments to qualified teaching health centers for indirect expenses associated with the additional costs of teaching residents for a fiscal year is equal to an amount determined appropriate by the Secretary.
    • (2) FACTORS- In determining the amount under paragraph (1), the Secretary shall--
      • (A) evaluate indirect training costs relative to supporting a primary care residency program in qualified teaching health centers; and
      • (B) based on this evaluation, assure that the aggregate of the payments for indirect expenses under this section and the payments for direct graduate medical education as determined under subsection (c) in a fiscal year do not exceed the amount appropriated for such expenses as determined in subsection (g).
    • (3) INTERIM PAYMENT- Before the Secretary makes a payment under this subsection pursuant to a determination of indirect expenses under paragraph (1), the Secretary may provide to qualified teaching health centers a payment, in addition to any payment made under subsection (c), for expected indirect expenses associated with the additional costs of teaching residents for a fiscal year, based on an estimate by the Secretary.
  • (e) Clarification Regarding Relationship to Other Payments for Graduate Medical Education- Payments under this section--
    • (1) shall be in addition to any payments--
      • (A) for the indirect costs of medical education under section 1886(d)(5)(B) of the Social Security Act;
      • (B) for direct graduate medical education costs under section 1886(h) of such Act; and
      • (C) for direct costs of medical education under section 1886(k) of such Act;
    • (2) shall not be taken into account in applying the limitation on the number of total full-time equivalent residents under subparagraphs (F) and (G) of section 1886(h)(4) of such Act and clauses (v), (vi)(I), and (vi)(II) of section 1886(d)(5)(B) of such Act for the portion of time that a resident rotates to a hospital; and
    • (3) shall not include the time in which a resident is counted toward full-time equivalency by a hospital under paragraph (2) or under section 1886(d)(5)(B)(iv) of the Social Security Act, section 1886(h)(4)(E) of such Act, or section 340E of this Act.
  • (f) Reconciliation- The Secretary shall determine any changes to the number of residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount payable to the hospital for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made to pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1878 of the Social Security Act and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1186(d) of such Act is subject to review under such section.
  • (g) Funding- To carry out this section, there are appropriated such sums as may be necessary, not to exceed $230,000,000, for the period of fiscal years 2011 through 2015.
  • (h) Annual Reporting Required-
    • (1) ANNUAL REPORT- The report required under this paragraph for a qualified teaching health center 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:
      • (A) The types of primary care resident approved training programs that the qualified teaching health center provided for residents.
      • (B) The number of approved training positions for residents described in paragraph (4).
      • (C) The number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year and care for vulnerable populations living in underserved areas.
      • (D) Other information as deemed appropriate by the Secretary.
    • (2) AUDIT AUTHORITY; LIMITATION ON PAYMENT-
      • (A) AUDIT AUTHORITY- The Secretary may audit a qualified teaching health center to ensure the accuracy and completeness of the information submitted in a report under paragraph (1).
      • (B) LIMITATION ON PAYMENT- A teaching health center may only receive payment in a cost reporting period for a number of such resident positions that is greater than the base level of primary care resident positions, as determined by the Secretary. For purposes of this subparagraph, the `base level of primary care residents' for a teaching health center is the level of such residents as of a base period.
    • (3) REDUCTION IN PAYMENT FOR FAILURE TO REPORT-
      • (A) IN GENERAL- The amount payable under this section to a qualified teaching health center for a fiscal year shall be reduced by at least 25 percent if the Secretary determines that--
        • (i) the qualified teaching health center has failed to provide the Secretary, as an addendum to the qualified teaching health center's application under this section for such fiscal year, the report required under paragraph (1) for the previous fiscal year; or
        • (ii) such report fails to provide complete and accurate information required under any subparagraph of such paragraph.
      • (B) NOTICE AND OPPORTUNITY TO PROVIDE ACCURATE AND MISSING INFORMATION- Before imposing a reduction under subparagraph (A) on the basis of a qualified teaching health center's failure to provide complete and accurate information described in subparagraph (A)(ii), the Secretary shall provide notice to the teaching health center of such failure and the Secretary's intention to impose such reduction and shall provide the teaching health center with the opportunity to provide the required information within the period of 30 days beginning on the date of such notice. If the teaching health center provides such information within such period, no reduction shall be made under subparagraph (A) on the basis of the previous failure to provide such information.
    • (4) RESIDENTS- The residents described in this paragraph are those who are in part-time or full-time equivalent resident training positions at a qualified teaching health center in any approved graduate medical residency training program.
  • (i) Regulations- The Secretary shall promulgate regulations to carry out this section.
  • (j) Definitions- In this section:
    • (1) APPROVED GRADUATE MEDICAL RESIDENCY TRAINING PROGRAM- The term `approved graduate medical residency training program' means a residency or other postgraduate medical training program--
      • (A) participation in which may be counted toward certification in a specialty or subspecialty and includes formal postgraduate training programs in geriatric medicine approved by the Secretary; and
      • (B) that meets criteria for accreditation (as established by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the American Dental Association).
    • (2) PRIMARY CARE RESIDENCY PROGRAM- The term `primary care residency program' has the meaning given that term in section 749A.
    • (3) QUALIFIED TEACHING HEALTH CENTER- The term `qualified teaching health center' has the meaning given the term `teaching health center' in section 749A.'.

SEC. 5509. GRADUATE NURSE EDUCATION DEMONSTRATION.[edit]

  • (a) In General-
    • (1) ESTABLISHMENT-
      • (A) IN GENERAL- The Secretary shall establish a graduate nurse education demonstration under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) under which an eligible hospital may receive payment for the hospital's reasonable costs (described in paragraph (2)) for the provision of qualified clinical training to advance practice nurses.
      • (B) NUMBER- The demonstration shall include up to 5 eligible hospitals.
      • (C) WRITTEN AGREEMENTS- Eligible hospitals selected to participate in the demonstration shall enter into written agreements pursuant to subsection (b) in order to reimburse the eligible partners of the hospital the share of the costs attributable to each partner.
    • (2) COSTS DESCRIBED-
      • (A) IN GENERAL- Subject to subparagraph (B) and subsection (d), the costs described in this paragraph are the reasonable costs (as described in section 1861(v) of the Social Security Act (42 U.S.C. 1395x(v))) of each eligible hospital for the clinical training costs (as determined by the Secretary) that are attributable to providing advanced practice registered nurses with qualified training.
      • (B) LIMITATION- With respect to a year, the amount reimbursed under subparagraph (A) may not exceed the amount of costs described in subparagraph (A) that are attributable to an increase in the number of advanced practice registered nurses enrolled in a program that provides qualified training during the year and for which the hospital is being reimbursed under the demonstration, as compared to the average number of advanced practice registered nurses who graduated in each year during the period beginning on January 1, 2006, and ending on December 31, 2010 (as determined by the Secretary) from the graduate nursing education program operated by the applicable school of nursing that is an eligible partner of the hospital for purposes of the demonstration.
    • (3) WAIVER AUTHORITY- The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration.
    • (4) ADMINISTRATION- Chapter 35 of title 44, United States Code, shall not apply to the implementation of this section.
  • (b) Written Agreements With Eligible Partners- No payment shall be made under this section to an eligible hospital unless such hospital has in effect a written agreement with the eligible partners of the hospital. Such written agreement shall describe, at a minimum--
    • (1) the obligations of the eligible partners with respect to the provision of qualified training; and
    • (2) the obligation of the eligible hospital to reimburse such eligible partners applicable (in a timely manner) for the costs of such qualified training attributable to partner.
  • (c) Evaluation- Not later than October 17, 2017, the Secretary shall submit to Congress a report on the demonstration. Such report shall include an analysis of the following:
    • (1) The growth in the number of advanced practice registered nurses with respect to a specific base year as a result of the demonstration.
    • (2) The growth for each of the specialties described in subparagraphs (A) through (D) of subsection (e)(1).
    • (3) The costs to the Medicare program under title XVIII of the Social Security Act as a result of the demonstration.
    • (4) Other items the Secretary determines appropriate and relevant.
  • (d) Funding-
    • (1) IN GENERAL- There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $50,000,000 for each of fiscal years 2012 through 2015 to carry out this section, including the design, implementation, monitoring, and evaluation of the demonstration.
    • (2) PRORATION- If the aggregate payments to eligible hospitals under the demonstration exceed $50,000,000 for a fiscal year described in paragraph (1), the Secretary shall prorate the payment amounts to each eligible hospital in order to ensure that the aggregate payments do not exceed such amount.
    • (3) WITHOUT FISCAL YEAR LIMITATION- Amounts appropriated under this subsection shall remain available without fiscal year limitation.
  • (e) Definitions- In this section:
    • (1) ADVANCED PRACTICE REGISTERED NURSE- The term `advanced practice registered nurse' includes the following:
      • (A) A clinical nurse specialist (as defined in subsection (aa)(5) of section 1861 of the Social Security Act (42 U.S.C. 1395x)).
      • (B) A nurse practitioner (as defined in such subsection).
      • (C) A certified registered nurse anesthetist (as defined in subsection (bb)(2) of such section).
      • (D) A certified nurse-midwife (as defined in subsection (gg)(2) of such section).
    • (2) APPLICABLE NON-HOSPITAL COMMUNITY-BASED CARE SETTING- The term `applicable non-hospital community-based care setting' means a non-hospital community-based care setting which has entered into a written agreement (as described in subsection (b)) with the eligible hospital participating in the demonstration. Such settings include Federally qualified health centers, rural health clinics, and other non-hospital settings as determined appropriate by the Secretary.
    • (3) APPLICABLE SCHOOL OF NURSING- The term `applicable school of nursing' means an accredited school of nursing (as defined in section 801 of the Public Health Service Act) which has entered into a written agreement (as described in subsection (b)) with the eligible hospital participating in the demonstration.
    • (4) DEMONSTRATION- The term `demonstration' means the graduate nurse education demonstration established under subsection (a).
    • (5) ELIGIBLE HOSPITAL- The term `eligible hospital' means a hospital (as defined in subsection (e) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) or a critical access hospital (as defined in subsection (mm)(1) of such section) that has a written agreement in place with--
      • (A) 1 or more applicable schools of nursing; and
      • (B) 2 or more applicable non-hospital community-based care settings.
    • (6) ELIGIBLE PARTNERS- The term `eligible partners' includes the following:
      • (A) An applicable non-hospital community-based care setting.
      • (B) An applicable school of nursing.
    • (7) QUALIFIED TRAINING-
      • (A) IN GENERAL- The term `qualified training' means training--
        • (i) that provides an advanced practice registered nurse with the clinical skills necessary to provide primary care, preventive care, transitional care, chronic care management, and other services appropriate for individuals entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act, or enrolled under part B of such title; and
        • (ii) subject to subparagraph (B), at least half of which is provided in a non-hospital community-based care setting.
      • (B) WAIVER OF REQUIREMENT HALF OF TRAINING BE PROVIDED IN NON-HOSPITAL COMMUNITY-BASED CARE SETTING IN CERTAIN AREAS- The Secretary may waive the requirement under subparagraph (A)(ii) with respect to eligible hospitals located in rural or medically underserved areas.
    • (8) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services.

Subtitle G--Improving Access to Health Care Services[edit]

SEC. 5601. SPENDING FOR FEDERALLY QUALIFIED HEALTH CENTERS (FQHCS).[edit]

  • (a) In General- Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by striking paragraph (1) and inserting the following:
    • (1) GENERAL AMOUNTS FOR GRANTS- For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there is authorized to be appropriated the following:
      • (A) For fiscal year 2010, $2,988,821,592.
      • (B) For fiscal year 2011, $3,862,107,440.
      • (C) For fiscal year 2012, $4,990,553,440.
      • (D) For fiscal year 2013, $6,448,713,307.
      • (E) For fiscal year 2014, $7,332,924,155.
      • (F) For fiscal year 2015, $8,332,924,155.
      • (G) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of--
        • (i) one plus the average percentage increase in costs incurred per patient served; and
        • (ii) one plus the average percentage increase in the total number of patients served.'.
  • (b) Rule of Construction- Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the following:
    • (4) RULE OF CONSTRUCTION WITH RESPECT TO RURAL HEALTH CLINICS-
      • (A) IN GENERAL- Nothing in this section shall be construed to prevent a community health center from contracting with a Federally certified rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act), a low-volume hospital (as defined for purposes of section 1886 of such Act), a critical access hospital, a sole community hospital (as defined for purposes of section 1886(d)(5)(D)(iii) of such Act), or a medicare-dependent share hospital (as defined for purposes of section 1886(d)(5)(G)(iv) of such Act) for the delivery of primary health care services that are available at the clinic or hospital to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care services available in that clinic or hospitals.
      • (B) ASSURANCES- In order for a clinic or hospital to receive funds under this section through a contract with a community health center under subparagraph (A), such clinic or hospital shall establish policies to ensure--
        • (i) nondiscrimination based on the ability of a patient to pay; and
        • (ii) the establishment of a sliding fee scale for low-income patients.'.

SEC. 5602. NEGOTIATED RULEMAKING FOR DEVELOPMENT OF METHODOLOGY AND CRITERIA FOR DESIGNATING MEDICALLY UNDERSERVED POPULATIONS AND HEALTH PROFESSIONS SHORTAGE AREAS.[edit]

  • (a) Establishment-
    • (1) IN GENERAL- The Secretary of Health and Human Services (in this section referred to as the `Secretary') shall establish, through a negotiated rulemaking process under subchapter 3 of chapter 5 of title 5, United States Code, a comprehensive methodology and criteria for designation of--
      • (A) medically underserved populations in accordance with section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3));
      • (B) health professions shortage areas under section 332 of the Public Health Service Act (42 U.S.C. 254e).
    • (2) FACTORS TO CONSIDER- In establishing the methodology and criteria under paragraph (1), the Secretary--
      • (A) shall consult with relevant stakeholders who will be significantly affected by a rule (such as national, State and regional organizations representing affected entities), State health offices, community organizations, health centers and other affected entities, and other interested parties; and
      • (B) shall take into account--
        • (i) the timely availability and appropriateness of data used to determine a designation to potential applicants for such designations;
        • (ii) the impact of the methodology and criteria on communities of various types and on health centers and other safety net providers;
        • (iii) the degree of ease or difficulty that will face potential applicants for such designations in securing the necessary data; and
        • (iv) the extent to which the methodology accurately measures various barriers that confront individuals and population groups in seeking health care services.
  • (b) Publication of Notice- In carrying out the rulemaking process under this subsection, the Secretary shall publish the notice provided for under section 564(a) of title 5, United States Code, by not later than 45 days after the date of the enactment of this Act.
  • (c) Target Date for Publication of Rule- As part of the notice under subsection (b), and for purposes of this subsection, the `target date for publication', as referred to in section 564(a)(5) of title 5, United Sates Code, shall be July 1, 2010.
  • (d) Appointment of Negotiated Rulemaking Committee and Facilitator- The Secretary shall provide for--
    • (1) the appointment of a negotiated rulemaking committee under section 565(a) of title 5, United States Code, by not later than 30 days after the end of the comment period provided for under section 564(c) of such title; and
    • (2) the nomination of a facilitator under section 566(c) of such title 5 by not later than 10 days after the date of appointment of the committee.
  • (e) Preliminary Committee Report- The negotiated rulemaking committee appointed under subsection (d) shall report to the Secretary, by not later than April 1, 2010, regarding the committee's progress on achieving a consensus with regard to the rulemaking proceeding and whether such consensus is likely to occur before one month before the target date for publication of the rule. If the committee reports that the committee has failed to make significant progress toward such consensus or is unlikely to reach such consensus by the target date, the Secretary may terminate such process and provide for the publication of a rule under this section through such other methods as the Secretary may provide.
  • (f) Final Committee Report- If the committee is not terminated under subsection (e), the rulemaking committee shall submit a report containing a proposed rule by not later than one month before the target publication date.
  • (g) Interim Final Effect- The Secretary shall publish a rule under this section in the Federal Register by not later than the target publication date. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 90 days) for public comment. In connection with such rule, the Secretary shall specify the process for the timely review and approval of applications for such designations pursuant to such rules and consistent with this section.
  • (h) Publication of Rule After Public Comment- The Secretary shall provide for consideration of such comments and republication of such rule by not later than 1 year after the target publication date.

SEC. 5603. REAUTHORIZATION OF THE WAKEFIELD EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM.[edit]

  • Section 1910 of the Public Health Service Act (42 U.S.C. 300w-9) is amended--
    • (1) in subsection (a), by striking `3-year period (with an optional 4th year' and inserting `4-year period (with an optional 5th year'; and
    • (2) in subsection (d)--
      • (A) by striking `and such sums' and inserting `such sums'; and
      • (B) by inserting before the period the following: `, $25,000,000 for fiscal year 2010, $26,250,000 for fiscal year 2011, $27,562,500 for fiscal year 2012, $28,940,625 for fiscal year 2013, and $30,387,656 for fiscal year 2014'.

SEC. 5604. CO-LOCATING PRIMARY AND SPECIALTY CARE IN COMMUNITY-BASED MENTAL HEALTH SETTINGS.[edit]

  • Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:

SEC. 520K. AWARDS FOR CO-LOCATING PRIMARY AND SPECIALTY CARE IN COMMUNITY-BASED MENTAL HEALTH SETTINGS.[edit]

  • (a) Definitions- In this section:
    • (1) ELIGIBLE ENTITY- The term `eligible entity' means a qualified community mental health program defined under section 1913(b)(1).
    • (2) SPECIAL POPULATIONS- The term `special populations' means adults with mental illnesses who have co-occurring primary care conditions and chronic diseases.
  • (b) Program Authorized- The Secretary, acting through the Administrator shall award grants and cooperative agreements to eligible entities to establish demonstration projects for the provision of coordinated and integrated services to special populations through the co-location of primary and specialty care services in community-based mental and behavioral health settings.
  • (c) Application- To be eligible to receive a grant or cooperative agreement under this section, an eligible entity shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require, including a description of partnerships, or other arrangements with local primary care providers, including community health centers, to provide services to special populations.
  • (d) Use of Funds-
    • (1) IN GENERAL- For the benefit of special populations, an eligible entity shall use funds awarded under this section for--
      • (A) the provision, by qualified primary care professionals, of on site primary care services;
      • (B) reasonable costs associated with medically necessary referrals to qualified specialty care professionals, other coordinators of care or, if permitted by the terms of the grant or cooperative agreement, by qualified specialty care professionals on a reasonable cost basis on site at the eligible entity;
      • (C) information technology required to accommodate the clinical needs of primary and specialty care professionals; or
      • (D) facility modifications needed to bring primary and specialty care professionals on site at the eligible entity.
    • (2) LIMITATION- Not to exceed 15 percent of grant or cooperative agreement funds may be used for activities described in subparagraphs (C) and (D) of paragraph (1).
  • (e) Evaluation- Not later than 90 days after a grant or cooperative agreement awarded under this section expires, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement.
  • (f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.'.

SEC. 5605. KEY NATIONAL INDICATORS.[edit]

  • (a) Definitions- In this section:
    • (1) ACADEMY- The term `Academy' means the National Academy of Sciences.
    • (2) COMMISSION- The term `Commission' means the Commission on Key National Indicators established under subsection (b).
    • (3) INSTITUTE- The term `Institute' means a Key National Indicators Institute as designated under subsection (c)(3).
  • (b) Commission on Key National Indicators-
    • (1) ESTABLISHMENT- There is established a `Commission on Key National Indicators'.
    • (2) MEMBERSHIP-
      • (A) NUMBER AND APPOINTMENT- The Commission shall be composed of 8 members, to be appointed equally by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives.
      • (B) PROHIBITED APPOINTMENTS- Members of the Commission shall not include Members of Congress or other elected Federal, State, or local government officials.
      • (C) QUALIFICATIONS- In making appointments under subparagraph (A), the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives shall appoint individuals who have shown a dedication to improving civic dialogue and decision-making through the wide use of scientific evidence and factual information.
      • (D) PERIOD OF APPOINTMENT- Each member of the Commission shall be appointed for a 2-year term, except that 1 initial appointment shall be for 3 years. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment and shall last only for the remainder of that term.
      • (E) DATE- Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act.
      • (F) INITIAL ORGANIZING PERIOD- -Not later than 60 days after the date of enactment of this Act, the Commission shall develop and implement a schedule for completion of the review and reports required under subsection (d).
      • (G) CO-CHAIRPERSONS- The Commission shall select 2 Co-Chairpersons from among its members.
  • (c) Duties of the Commission-
    • (1) IN GENERAL- The Commission shall--
      • (A) conduct comprehensive oversight of a newly established key national indicators system consistent with the purpose described in this subsection;
      • (B) make recommendations on how to improve the key national indicators system;
      • (C) coordinate with Federal Government users and information providers to assure access to relevant and quality data; and
      • (D) enter into contracts with the Academy.
    • (2) REPORTS-
      • (A) ANNUAL REPORT TO CONGRESS- Not later than 1 year after the selection of the 2 Co-Chairpersons of the Commission, and each subsequent year thereafter, the Commission shall prepare and submit to the appropriate Committees of Congress and the President a report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission on the activities of the Academy and a designated Institute related to the establishment of a Key National Indicator System.
      • (B) ANNUAL REPORT TO THE ACADEMY-
        • (i) IN GENERAL- Not later than 6 months after the selection of the 2 Co-Chairpersons of the Commission, and each subsequent year thereafter, the Commission shall prepare and submit to the Academy and a designated Institute a report making recommendations concerning potential issue areas and key indicators to be included in the Key National Indicators.
        • (ii) LIMITATION- The Commission shall not have the authority to direct the Academy or, if established, the Institute, to adopt, modify, or delete any key indicators.
    • (3) CONTRACT WITH THE NATIONAL ACADEMY OF SCIENCES-
      • (A) IN GENERAL- -As soon as practicable after the selection of the 2 Co-Chairpersons of the Commission, the Co-Chairpersons shall enter into an arrangement with the National Academy of Sciences under which the Academy shall--
        • (i) review available public and private sector research on the selection of a set of key national indicators;
        • (ii) determine how best to establish a key national indicator system for the United States, by either creating its own institutional capability or designating an independent private nonprofit organization as an Institute to implement a key national indicator system;
        • (iii) if the Academy designates an independent Institute under clause (ii), provide scientific and technical advice to the Institute and create an appropriate governance mechanism that balances Academy involvement and the independence of the Institute; and
        • (iv) provide an annual report to the Commission addressing scientific and technical issues related to the key national indicator system and, if established, the Institute, and governance of the Institute's budget and operations.
      • (B) PARTICIPATION- In executing the arrangement under subparagraph (A), the National Academy of Sciences shall convene a multi-sector, multi-disciplinary process to define major scientific and technical issues associated with developing, maintaining, and evolving a Key National Indicator System and, if an Institute is established, to provide it with scientific and technical advice.
      • (C) ESTABLISHMENT OF A KEY NATIONAL INDICATOR SYSTEM-
        • (i) IN GENERAL- In executing the arrangement under subparagraph (A), the National Academy of Sciences shall enable the establishment of a key national indicator system by--
          • (I) creating its own institutional capability; or
          • (II) partnering with an independent private nonprofit organization as an Institute to implement a key national indicator system.
        • (ii) INSTITUTE- If the Academy designates an Institute under clause (i)(II), such Institute shall be a non-profit entity (as defined for purposes of section 501(c)(3) of the Internal Revenue Code of 1986) with an educational mission, a governance structure that emphasizes independence, and characteristics that make such entity appropriate for establishing a key national indicator system.
        • (iii) RESPONSIBILITIES- Either the Academy or the Institute designated under clause (i)(II) shall be responsible for the following:
          • (I) Identifying and selecting issue areas to be represented by the key national indicators.
          • (II) Identifying and selecting the measures used for key national indicators within the issue areas under subclause (I).
          • (III) Identifying and selecting data to populate the key national indicators described under subclause (II).
          • (IV) Designing, publishing, and maintaining a public website that contains a freely accessible database allowing public access to the key national indicators.
          • (V) Developing a quality assurance framework to ensure rigorous and independent processes and the selection of quality data.
          • (VI) Developing a budget for the construction and management of a sustainable, adaptable, and evolving key national indicator system that reflects all Commission funding of Academy and, if an Institute is established, Institute activities.
          • (VII) Reporting annually to the Commission regarding its selection of issue areas, key indicators, data, and progress toward establishing a web-accessible database.
          • (VIII) Responding directly to the Commission in response to any Commission recommendations and to the Academy regarding any inquiries by the Academy.
        • (iv) GOVERNANCE- Upon the establishment of a key national indicator system, the Academy shall create an appropriate governance mechanism that incorporates advisory and control functions. If an Institute is designated under clause (i)(II), the governance mechanism shall balance appropriate Academy involvement and the independence of the Institute.
        • (v) MODIFICATION AND CHANGES- The Academy shall retain the sole discretion, at any time, to alter its approach to the establishment of a key national indicator system or, if an Institute is designated under clause (i)(II), to alter any aspect of its relationship with the Institute or to designate a different non-profit entity to serve as the Institute.
        • (vi) CONSTRUCTION- Nothing in this section shall be construed to limit the ability of the Academy or the Institute designated under clause (i)(II) to receive private funding for activities related to the establishment of a key national indicator system.
      • (D) ANNUAL REPORT- As part of the arrangement under subparagraph (A), the National Academy of Sciences shall, not later than 270 days after the date of enactment of this Act, and annually thereafter, submit to the Co-Chairpersons of the Commission a report that contains the findings and recommendations of the Academy.
  • (d) Government Accountability Office Study and Report-
    • (1) GAO STUDY- The Comptroller General of the United States shall conduct a study of previous work conducted by all public agencies, private organizations, or foreign countries with respect to best practices for a key national indicator system. The study shall be submitted to the appropriate authorizing committees of Congress.
    • (2) GAO FINANCIAL AUDIT- If an Institute is established under this section, the Comptroller General shall conduct an annual audit of the financial statements of the Institute, in accordance with generally accepted government auditing standards and submit a report on such audit to the Commission and the appropriate authorizing committees of Congress.
    • (3) GAO PROGRAMMATIC REVIEW- The Comptroller General of the United States shall conduct programmatic assessments of the Institute established under this section as determined necessary by the Comptroller General and report the findings to the Commission and to the appropriate authorizing committees of Congress.
  • (e) Authorization of Appropriations-
    • (1) IN GENERAL- -There are authorized to be appropriated to carry out the purposes of this section, $10,000,000 for fiscal year 2010, and $7,500,000 for each of fiscal year 2011 through 2018.
    • (2) AVAILABILITY- -Amounts appropriated under paragraph (1) shall remain available until expended.

Subtitle H--General Provisions[edit]

SEC. 5701. REPORTS.[edit]

  • (a) Reports by Secretary of Health and Human Services- On an annual basis, the Secretary of Health and Human Services shall submit to the appropriate Committees of Congress a report on the activities carried out under the amendments made by this title, and the effectiveness of such activities.
  • (b) Reports by Recipients of Funds- The Secretary of Health and Human Services may require, as a condition of receiving funds under the amendments made by this title, that the entity receiving such award submit to such Secretary such reports as the such Secretary may require on activities carried out with such award, and the effectiveness of such activities.