[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3910 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3910
To amend the Public Health Service Act to establish a funding program
for supporting EMS organizations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2022
Mr. Sanders (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a funding program
for supporting EMS organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EMS Staffing and Support Act''.
SEC. 2. EMS ORGANIZATION FUNDING.
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-7. EMS ORGANIZATION FUNDING.
``(a) Definitions.--In this section:
``(1) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(2) EMS organization.--The term `EMS organization' means
a public or private entity that provides medical transport and
emergency medical services.
``(3) Emergency medical services.--The term `emergency
medical services' has the meaning given such term in section
330J(e).
``(4) Qualified applicant.--The term `qualified applicant'
means--
``(A) an EMS organization, other than an EMS
organization that operates for profit;
``(B) a State, Indian Tribe, Tribal organization,
county, or municipality; or
``(C) any other nonprofit organization that
represents the interests of EMS organizations.
``(5) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
``(b) Competitive Grants.--
``(1) In general.--Beginning in fiscal year 2023, the
Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall award grants on a
competitive basis to qualified applicants to carry out
activities described in subsection (d) in order to support EMS
organizations in the United States.
``(2) Applications.--
``(A) In general.--A qualified applicant seeking a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require, including--
``(i) a description of the financial need
of the qualified applicant (or each qualified
applicant in the case of a joint application
described in subparagraph (B)); and
``(ii) an analysis of the costs and
benefits, with respect to improving medical
transport and emergency medical services, of
the activities to be carried out through the
grant.
``(B) Joint applications.--A qualified applicant
may submit a joint application with 1 or more other
qualified applicants under this subsection.
``(C) Peer review of grant applications.--
``(i) In general.--The Secretary, after
consultation with national emergency medical
services organizations, shall appoint emergency
medical service personnel to conduct peer
reviews of applications received under this
subsection.
``(ii) Applicability of federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to
activities carried out under this subparagraph.
``(D) Prioritization of grant awards.--In awarding
grants under this subsection, the Secretary shall
consider each of the following:
``(i) The findings and recommendations of
the peer reviews carried out under subparagraph
(C).
``(ii) The degree to which an award will
improve the coverage, response times, and
ability of EMS organizations to provide medical
transport and emergency medical services.
``(iii) The extent of the need of an
applicant for a grant under this subsection and
the need to protect the United States as a
whole.
``(c) Contracts or Compacts With Indian Tribes and Tribal
Organizations.--
``(1) In general.--Beginning in fiscal year 2023, the
Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall award funding
through contracts or compacts pursuant to the Indian Self-
Determination and Education Assistance Act, distributed on a
fair and equitable formula as developed through consultation
with Indian Tribes and Tribal organizations, to Indian Tribes
and Tribal organizations to carry out activities described in
subsection (d) in order to support EMS organizations in Tribal
communities.
``(2) Applications.--An Indian Tribe or Tribal organization
seeking funding under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary requires through
consultation with Indian Tribes and Tribal organizations.
``(d) Activities.--
``(1) In general.--Grants or other funding awarded under
this section may be used to support EMS organizations through
any of the following:
``(A) Hiring EMS organization personnel.
``(B) Recruiting and retaining volunteer EMS
organization personnel.
``(C) Providing training or reimbursing personnel
for training.
``(D) Conducting courses and implementing
apprenticeship programs that qualify graduates to serve
in an EMS organization in accordance with State and
local requirements.
``(E) Purchasing necessary equipment.
``(F) Purchasing medicine and medical supplies.
``(G) Purchasing EMS vehicles.
``(H) Wellness and fitness programs for EMS
organization personnel.
``(I) Modifying facilities.
``(J) Improving regional coordination among EMS
organizations.
``(K) Establishing or supporting community
paramedicine or mobile integrated health care
initiatives.
``(L) Any other activity the Secretary determines
appropriate.
``(2) Limitation.--No funds awarded under this section may
be made available to an EMS organization that operates for
profit or to otherwise support efforts to establish or provide
emergency medical services, or medical transport, for profit.
``(e) Amount.--Each grant awarded under subsection (b), or funding
through a contract or compact under subsection (c), shall be in an
amount not to exceed $1,000,000.
``(f) Appropriations.--
``(1) Awards.--
``(A) In general.--There is authorized to be
appropriated, and there is appropriated, to the
Secretary to award grants, and funding through
contracts or compacts, under this section--
``(i) for fiscal year 2023, $500,000,000;
and
``(ii) for each fiscal year thereafter, the
amount authorized under this subparagraph for
the preceding fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) for the most recent 12-
month period for which applicable data is
available.
``(B) Contracts and compacts.--Of the amount
appropriated under subparagraph (A) for each fiscal
year, not less than 5 percent shall be set aside to
carry out subsection (c).
``(2) Technical assistance.--There is authorized to be
appropriated, and there is appropriated, to the Secretary to
provide technical assistance to entities completing and
submitting applications under this section--
``(A) for fiscal year 2023, $10,000,000; and
``(B) for each fiscal year thereafter, the amount
authorized under this paragraph for the preceding
fiscal year increased by the percentage increase in the
consumer price index for all urban consumers (all
items; United States city average) for the most recent
12-month period for which applicable data is
available.''.
SEC. 3. REPORTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Health and Human Services, in
consultation with the Administrator of the Centers for Medicare &
Medicaid Services, the Administrator of the Health Resources and
Services Administration, the Assistant Secretary for Preparedness and
Response, and EMS stakeholders, shall submit to Congress a report
detailing the challenges, disparities, and inadequacies in providing
Federal, State, and private (including commercial insurers)
reimbursement for medical transport and emergency medical services and
providing recommendations for improvement with respect to providing
such reimbursement.
(b) Rural EMS Organizations.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Health and Human Services,
in consultation with the Administrator of the Centers for Medicare &
Medicaid Services, the Administrator of the Health Resources and
Services Administration, the Assistant Secretary for Preparedness and
Response, and EMS stakeholders, shall submit to Congress a report on
the challenges specific to rural EMS organizations, including with
respect to Federal, State, and private (including private insurers)
reimbursement rates and policies, and develop an action plan to address
those challenges through grants and other administrative action.
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