Index for HR3962: Affordable Health Care for America Act

To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.

Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Part Q of title III (42 U.S.C. 280h et seq.) is amended by inserting after section 399W the following:

“(a) Program.—The Secretary shall establish a community-based overweight and obesity prevention program consisting of awarding grants and contracts under subsection (b).

“(b) Grants.—The Secretary shall award grants to, or enter into contracts with, eligible entities—

“(1) to plan evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity; or

“(2) to implement such programs.

“(c) Eligibility.—To be eligible for a grant or contract under subsection (b), an entity shall be a community partnership that demonstrates community support and includes—

“(1) a broad cross section of stakeholders, such as—

“(A) hospitals, health care systems, community health centers, or other health care providers;

“(B) universities, local educational agencies, or childcare providers;

“(C) State, local, and tribal health departments;

“(D) State, local, and tribal park and recreation departments;

“(E) employers; and

“(F) health insurance companies;

“(2) residents of the community; and

“(3) representatives of public and private entities that have a history of working within and serving the community.

“(d) Period of awards.—

“(1) IN GENERAL.—The period of a grant or contract under this section shall be 5 years, subject to renewal under paragraph (2).

“(2) RENEWAL.—At the end of each fiscal year, the Secretary may renew a grant or contract award under this section only if the grant or contract recipient demonstrates to the Secretary’s satisfaction that the recipient has made appropriate, measurable progress in preventing overweight and obesity.

“(e) Requirements.—

“(1) IN GENERAL.—The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the Secretary’s satisfaction that—

“(A) not later than 90 days after receiving the grant or contract, the entity will establish a steering committee to provide input on the assessment of, and recommendations on improvements to, the entity’s program funded through the grant or contract; and

“(B) the entity has conducted or will conduct an assessment of the overweight and obesity problem in its community, including the extent of the problem and factors contributing to the problem.

“(2) MATCHING REQUIREMENT.—The Secretary may award a grant or contract to an eligible entity under this section only if the entity agrees to provide, from non-Federal sources, an amount equal to $1 (in cash or in kind) for each $9 provided through the grant or contract to carry out the activities supported by the grant or contract.

“(3) PAYOR OF LAST RESORT.—The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that funds received through the grant or contract will not be expended for any activity to the extent that payment has been made, or can reasonably be expected to be made—

“(A) under any insurance policy;

“(B) under any Federal or State health benefits program (including titles XIX and XXI of the Social Security Act); or

“(C) by an entity which provides health services on a prepaid basis.

“(4) MAINTENANCE OF EFFORT.—The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that—

“(A) funds received through the grant or contract will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the activities to be funded through the grant or contract; and

“(B) with respect to such activities, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the lesser of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant or contract.

“(f) Preferences.—In awarding grants and contracts under this section, the Secretary shall give preference to eligible entities that—

“(1) will serve communities with high levels of overweight and obesity and related chronic diseases; or

“(2) will plan or implement activities for the prevention of overweight and obesity in school or workplace settings.

“(g) Report.—The Secretary shall submit to the Congress an annual report on the program of grants and contracts awarded under this section.

“(h) Definitions.—In this section:

“(1) The term ‘evidence-based’ means that methodologically sound research has demonstrated a beneficial health effect in the judgment of the Secretary and includes the Ways to Enhance Children’s Activity and Nutrition (We Can) program and curriculum of the National Institutes of Health.

“(2) The term ‘local educational agency’ has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965.

“(i) Authorization of appropriations.—To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2015.”.