H. R. 3038

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To make certain technical and conforming amendments to correct the Health Care

Safety Net Amendments of 2002.

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 ‘‘Health Care Safety Net Amendments Technical Corrections Act of 2003’’.

SEC. 2. TECHNICAL AMENDMENTS.

(a) HEALTH CENTERS.—

(1) IN GENERAL.—Section 330 of the Public Health Service

Act (42 U.S.C. 254b) is amended to read as if—

(A) subparagraph (C) of the second paragraph (4) of

section 101 of Public Law 107–251 had not been enacted;

(B) paragraph (7)(C) of such section 101 had not been

enacted; and

(C) paragraphs (8) through (11) of such section 101

had not been enacted.

(2) AMENDMENTS PER PUBLIC LAW 107–251.—Section 330

of the Public Health Service Act (42 U.S.C. 254b), as amended

by paragraph (1), is amended—

(A) in subsection (c)(1)(B), in the matter preceding

clause (i), by striking ‘‘plan..’’ and inserting ‘‘plan.’’;

(B) in subsection (d)(1)(B)(iii), in subclause (I), by

adding ‘‘or’’ at the end;

(C) by striking subsection (k);

(D) by redesignating subsection (j) as subsection (k);

(E) by inserting after subsection (i) a subsection that

is identical to the subsection (j) that appears (as an amendment) in section 101(8)(C) of Public Law 107–251;

(F) by redesignating subsection (l) as subsection (r),

by transferring it from its current placement, and by

inserting it after subsection (q);

(G) by inserting before subsection (m) a subsection

that is identical to the subsection that appears (as an

amendment) in section 101(9) of Public Law 107–251, and

by redesignating as subsection (l) the subsection that is

so inserted;

(H) in subsection (l) (as inserted and redesignated by

subparagraph (G) of this paragraph), in the first sentence—

(i) by inserting after ‘‘shall provide’’ the following:

‘‘(either through the Department of Health and Human

Services or by grant or contract)’’; and
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(ii) by striking ‘‘(l)(3)’’ and inserting ‘‘(k)(3)’’;

(I) in subsection (p), by striking ‘‘(j)(3)(G)’’ and inserting

‘‘(k)(3)(G)’’; and

(J) in subsection (r) (as redesignated, transferred, and

inserted by subparagraph (F) of this paragraph)—

(i) in paragraph (1), by striking ‘‘$802,124,000’’

and all that follows through the period and inserting

‘‘$1,340,000,000 for fiscal year 2002 and such sums

as may be necessary for each of the fiscal years 2003

through 2006.’’;

(ii) in paragraph (2)(A)—

(I) by striking ‘‘(j)(3))’’ and inserting ‘‘(k)(3))’’;

and

(II) by striking ‘‘(j)(3)(G)(ii)’’ and inserting

‘‘(k)(3)(H)’’; and

(iii) in paragraph (2), by striking subparagraph

(B) and inserting a subparagraph that is identical to

the subparagraph (B) that appears (as an amendment)

in section 101(11)(B)(ii) of Public Law 107–251.

(b) RURAL HEALTH OUTREACH.—Section 330A(b)(4) of the Public

Health Service Act (42 U.S.C. 254c(b)(4)) is amended by striking

‘‘799B’’ and inserting ‘‘799B(6)’’.

(c) TELEHEALTH.—Section 330I of the Public Health Service

Act (42 U.S.C. 254c–14) is amended—

(1) in subsection (a)(4), by striking ‘‘799B’’ and inserting

‘‘799B(6)’’; and

(2) in subsection (c)(1), by striking ‘‘Health and Resources

and Services Administration’’ and inserting ‘‘Health Resources

and Services Administration’’.

(d) MENTAL HEALTH SERVICES VIA TELEHEALTH.—Section 330K

of the Public Health Service Act (42 U.S.C. 254c–16) is amended—

(1) in subsection (b)(2), by striking ‘‘subsection (a)(4)’’ and

inserting ‘‘subsection (a)(3)’’; and

(2) in subsection (c)(1)—

(A) in subparagraph (A), by striking ‘‘subsection

(a)(4)(A)’’ and inserting ‘‘subsection (a)(3)(A)’’; and

(B) in subparagraph (B), by striking ‘‘subsection

(a)(4)(B)’’ and inserting ‘‘subsection (a)(3)(B)’’.

(e) TELEMEDICINE INCENTIVE GRANTS.—

(1) IN GENERAL.—Subpart I of 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:

‘‘SEC. 330L. TELEMEDICINE; INCENTIVE GRANTS REGARDING

COORDINATION AMONG STATES.

‘‘(a) IN GENERAL.—The Secretary may make grants to State

professional licensing boards to carry out programs under which

such licensing boards of various States cooperate to develop and

implement State policies that will reduce statutory and regulatory

barriers to telemedicine.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out subsection (a), there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2002

through 2006.’’. (2) REPEAL.—Section 102 of the Health Care Safety Net

Amendments of 2002 (Public Law 107–251) is repealed.

(f) HEALTH PROFESSIONAL SHORTAGE AREAS.—
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(1) IN GENERAL.—Section 332 of the Public Health Service

Act (42 U.S.C. 254e) is amended—

(A) in subsection (a)(1)—

(i) by striking ‘‘such date of enactment’’ and

inserting ‘‘such date of designation’’; and

(ii) by striking ‘‘, issued after the date of enactment

of this Act, that revise’’ and inserting ‘‘regarding’’; and

(B) in subsection (a)(3), by striking ‘‘330(h)(4)’’ and

inserting ‘‘330(h)(5)’’;

(C) in subsection (b)(2), by striking ‘‘designation,.’’ and

inserting ‘‘designation.’’; and

(D) by adding at the end the following:

‘‘(j)(1) The Secretary shall submit the report described in paragraph (2) if the Secretary, acting through the Administrator of

the Health Resources and Services Administration, issues—

‘‘(A) a regulation that revises the definition of a health

professional shortage area for purposes of this section; or

‘‘(B) a regulation that revises the standards concerning

priority of such an area under section 333A.

‘‘(2) On issuing a regulation described in paragraph (1), the

Secretary shall prepare and submit to the Committee on Energy

and Commerce of the House of Representatives and the Committee

on Health, Education, Labor, and Pensions of the Senate a report

that describes the regulation.

‘‘(3) Each regulation described in paragraph (1) shall take effect

180 days after the committees described in paragraph (2) receive

a report referred to in such paragraph describing the regulation.’’.

(2) REPEAL.—Subsection (b) of section 302 of the Health

Care Safety Net Amendments of 2002 (Public Law 107–251)

is repealed.

(g) ASSIGNMENT OF CORPS PERSONNEL.—Section 333(a)(1) of

the Public Health Service Act (42 U.S.C. 254f) is amended by

moving subparagraph (C) so that the margin of subparagraph (C)

is aligned with the margins of subparagraphs (A), (B), and (D).

(h) PRIORITIES IN ASSIGNMENT OF CORPS PERSONNEL.—Section

333A(c)(4) of the Public Health Service Act (42 U.S.C. 254f–1(c)(4))

is amended by striking ‘‘30 days’’ and inserting ‘‘30 days from

such notification’’.

(i) CHARGES FOR SERVICES.—Section 334(b)(1)(B) of the Public

Health Service Act (42 U.S.C. 254g(b)(1)(B)) is amended by inserting

‘‘the payment of’’ after ‘‘applied to’’.

(j) NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM.—

Section 338A(d)(1) (42 U.S.C. 254l(d)(1)) is amended by moving

subparagraph (B) so that the margin of subparagraph (B) is aligned

with the margin of subparagraphs (A) and (C).

(k) NATIONAL HEALTH SERVICE CORPS LOAN REPAYMENT PROGRAM.—Section 338B(e) of the Public Health Service Act (42 U.S.C.

254l–1) is amended by striking ‘‘PARTICIPATION.—’’ and all that

follows through ‘‘An individual’’ and inserting ‘‘PARTICIPATION.—

An individual’’.

(l) BREACH OF CONTRACT.—

(1) IN GENERAL.—Section 338E of the Public Health Service

Act (42 U.S.C. 254o) is amended— (A) in subsection (c)(1), by moving subparagraphs (A),

(B), and (C), and the flush matter following subparagraph

(C), 2 ems to the left; and

(B) by adding at the end the following:
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‘‘(f) The amendment made by section 313(a)(4) of the Health

Care Safety Net Amendments of 2002 (Public Law 107–251) shall

apply to any obligation for which a discharge in bankruptcy has

not been granted before the date that is 31 days after the date

of enactment of such Act.’’.

(2) REPEAL.—Subsection (b) of section 313 of the Health

Care Safety Net Amendments of 2002 (Public Law 107–251)

is repealed.

(m) MISCELLANEOUS.—The Public Health Service Act (42 U.S.C.

201 et seq.) is amended— (1) in subsections (g)(1)(G)(ii), (k)(2), and (n)(1)(C) of section

224, and sections 317A(a)(2), 317E(c), and 318A(e), by striking

‘‘330, 330(h)’’ and inserting ‘‘330’’;

(2) in section 1313, by striking ‘‘329, 330, and 330(h)’’ and inserting ‘‘329 and 330’’; and

(3) in section 2652(a)(2), by striking ‘‘section 340’’ and

inserting ‘‘section 330(h)’’. (n) HEALTH CARE SAFETY NET AMENDMENTS OF 2002.—The

Health Care Safety Net Amendments of 2002 (Public Law 107–

251) is amended—

(1) in section 404(c)(5), by striking ‘‘Health Care Financing

Administration and the Health Research’’ and inserting ‘‘Centers for Medicare & Medicaid Services and the Health

Resources’’; and

(2) in section 501, by striking ‘‘solvency for managed care

networks’’ and inserting ‘‘guarantees of solvency for managed

care networks or plans’’.

SEC. 3. EFFECTIVE DATE.

This Act is deemed to have taken effect immediately after

the enactment of Public Law 107–251.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.