Text: H.R.577 — 111th Congress (2009-2010)All Information (Except Text)

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Referred in Senate (04/01/2009)


111th CONGRESS
1st Session
H. R. 577


IN THE SENATE OF THE UNITED STATES

April 1, 2009

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions


AN ACT

To establish a grant program to provide vision care to children, 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 “Vision Care for Kids Act of 2009”.

SEC. 2. Grants regarding vision care for children.

Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following:

“SEC. 399Z–1. Grants regarding vision care for children.

“(a) In General.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for—

“(1) providing comprehensive eye examinations (as defined in subsection (i)) by a licensed optometrist or ophthalmologist for eligible children (as defined in subsection (b)) who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years;

“(2) providing treatment or services to such children, subsequent to the examinations described in paragraph (1), that are necessary to correct vision problems; and

“(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children.

“(b) Eligible children.—

“(1) IN GENERAL.—For purposes of this section, the term ‘eligible child’ means, with respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State, a child who is a low-income child (as defined by the State) and who—

“(A) is not eligible for medical assistance under the State plan under title XIX of such Act;

“(B) subject to paragraph (2)(A), is not eligible for child health assistance under the State child health plan under title XXI of the Social Security Act;

“(C) subject to paragraph (2)(B), does not have health insurance coverage (as defined in section 2791) in the group market or in the individual market (as such terms are defined in such section) and is not a beneficiary or participant under a group health plan (as defined in such section); and

“(D) is not receiving assistance under any State health compensation program or under any other Federal or State health benefits program for such examination, treatment, or service, respectively.

“(2) INCLUSION OF CERTAIN LOW-INCOME CHILDREN WITH HEALTH BENEFITS.—With respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State—

“(A) paragraph (1)(B) shall not apply to a child who is eligible for child health assistance under the State child health plan under title XXI of the Social Security Act (whether or not such child is enrolled under such plan), if such plan does not provide for coverage of such examination, treatment, or service, respectively; and

“(B) paragraph (1)(C) shall not apply to a child described in such paragraph if no amount is payable under the coverage or plan described in such paragraph for such examination, treatment, or service, respectively.

“(c) Criteria.—The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria—

“(1) governing the operation of the grant program under subsection (a); and

“(2) for the collection of data related to vision assessment and the utilization of follow-up services.

“(d) Application.—To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including—

“(1) information on existing Federal, Federal-State, or State-funded children’s vision programs;

“(2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities);

“(3) a plan to determine if an eligible child has been identified as provided for in subsection (a);

“(4) an assurance that funds will be used consistent with this section;

“(5) a description of how funds will be used to provide examinations, treatments, and services, consistent with this section; and

“(6) an assurance that, in providing examinations, treatments, and services through use of such grant, the State will give priority to eligible children with the lowest income.

“(e) Evaluations.—To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including—

“(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant;

“(2) the collection, analysis, and reporting of children’s vision data according to guidelines prescribed by the Secretary; and

“(3) such other information as the Secretary may require.

“(f) Limitations in Expenditure of Grant.—A grant may be made under subsection (a) only if the State involved agrees that the State will expend amounts received under such grant as follows:

“(1) The State will expend at least 80 percent of such amounts for the purposes described in paragraphs (1) and (2) of such subsection.

“(2) The State will not expend more than 10 percent of such amounts to carry out the purpose described in paragraph (3) of such subsection.

“(3) The State will not expend more than 10 percent of such amounts for administrative purposes.

“(g) Matching Funds.—

“(1) IN GENERAL.—With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.

“(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.

“(h) Supplement Not Supplant.—A State that receives a grant under this section shall ensure that amounts received under such grant will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant.

“(i) Definitions.—For purposes of this section:

“(1) CHILD.—The term ‘child’ means an individual who—

“(A) has not attained 18 years of age; or

“(B) has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training).

“(2) COMPREHENSIVE EYE EXAMINATION.—The term ‘comprehensive eye examination’ includes an assessment of a patient’s history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist.

“(j) Authorization of Appropriations.—For the purpose of carrying out this section, there are authorized to be appropriated—

“(1) $10,000,000 for fiscal year 2010;

“(2) $13,000,000 for fiscal year 2011; and

“(3) $14,000,000 for each of the fiscal years 2012 through 2014.”.

Passed the House of Representatives March 31, 2009.

    Attest: lorraine c. miller,   
    Clerk