108TH CONGRESS

1ST SESSION H. R. 3038

AN ACT

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

Amendments of 2002.

108TH CONGRESS

1ST SESSION H. R. 3038

AN ACT

To make certain technical and conforming amendments to

correct the Health Care Safety Net Amendments of 2002.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3038 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Health Care Safety

3 Net Amendments Technical Corrections Act of 2003’’.

4 SEC. 2. TECHNICAL AMENDMENTS.

5 (a) HEALTH CENTERS.—

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

7 Health Service Act (42 U.S.C. 254b) is amended to

8 read as if—

9 (A) subparagraph (C) of the second para10 graph (4) of section 101 of Public Law 107–

11 251 had not been enacted;

12 (B) paragraph (7)(C) of such section 101

13 had not been enacted; and

14 (C) paragraphs (8) through (11) of such

15 section 101 had not been enacted.

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

17 Section 330 of the Public Health Service Act (42

18 U.S.C. 254b), as amended by paragraph (1), is

19 amended—

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

21 preceding clause (i), by striking ‘‘plan..’’ and

22 inserting ‘‘plan.’’;

23 (B) in subsection (d)(1)(B)(iii), in sub24 clause (I), by adding ‘‘or’’ at the end;

25 (C) by striking subsection (k);
3

•HR 3038 EH

1 (D) by redesignating subsection (j) as sub2 section (k);

3 (E) by inserting after subsection (i) a sub4 section that is identical to the subsection (j)

5 that appears (as an amendment) in section

6 101(8)(C) of Public Law 107–251;

7 (F) by redesignating subsection (l) as sub8 section (r), by transferring it from its current

9 placement, and by inserting it after subsection

10 (q);

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

12 subsection that is identical to the subsection

13 that appears (as an amendment) in section

14 101(9) of Public Law 107–251, and by redesig15 nating as subsection (l) the subsection that is

16 so inserted;

17 (H) in subsection (l) (as inserted and re18 designated by subparagraph (G) of this para19 graph), in the first sentence—

20 (i) by inserting after ‘‘shall provide’’

21 the following: ‘‘(either through the Depart22 ment of Health and Human Services or by

23 grant or contract)’’; and

24 (ii) by striking ‘‘(l)(3)’’ and inserting

25 ‘‘(k)(3)’’;
4

•HR 3038 EH

1 (I) in subsection (p), by striking

2 ‘‘(j)(3)(G)’’ and inserting ‘‘(k)(3)(G)’’; and

3 (J) in subsection (r) (as redesignated,

4 transferred, and inserted by subparagraph (F)

5 of this paragraph)—

6 (i) in paragraph (1), by striking

7 ‘‘$802,124,000’’ and all that follows

8 through the period and inserting

9 ‘‘$1,340,000,000 for fiscal year 2002 and

10 such sums as may be necessary for each of

11 the fiscal years 2003 through 2006.’’;

12 (ii) in paragraph (2)(A)—

13 (I) by striking ‘‘(j)(3))’’ and in14 serting ‘‘(k)(3))’’; and

15 (II) by striking ‘‘(j)(3)(G)(ii)’’

16 and inserting ‘‘(k)(3)(H)’’; and

17 (iii) in paragraph (2), by striking sub18 paragraph (B) and inserting a subpara19 graph that is identical to the subparagraph

20 (B) that appears (as an amendment) in

21 section 101(11)(B)(ii) of Public Law 107–

22 251.

23 (b) RURAL HEALTH OUTREACH.—Section

24 330A(b)(4) of the Public Health Service Act (42 U.S.C.
5

•HR 3038 EH

1 254c(b)(4)) is amended by striking ‘‘799B’’ and inserting

2 ‘‘799B(6)’’.

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

4 Health Service Act (42 U.S.C. 254c–14) is amended—

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

6 and inserting ‘‘799B(6)’’; and

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

8 and Resources and Services Administration’’ and in9 serting ‘‘Health Resources and Services Administra10 tion’’.

11 (d) MENTAL HEALTH SERVICES VIA TELE12 HEALTH.—Section 330K of the Public Health Service Act

13 (42 U.S.C. 254c–16) is amended—

14 (1) in subsection (b)(2), by striking ‘‘subsection

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

16 (2) in subsection (c)(1)—

17 (A) in subparagraph (A), by striking ‘‘sub18 section (a)(4)(A)’’ and inserting ‘‘subsection

19 (a)(3)(A)’’; and

20 (B) in subparagraph (B), by striking ‘‘sub21 section (a)(4)(B)’’ and inserting ‘‘subsection

22 (a)(3)(B)’’.

23 (e) TELEMEDICINE INCENTIVE GRANTS.—

24 (1) IN GENERAL.—Subpart I of part D of

25 title III of the Public Health Service Act (42
6

•HR 3038 EH

1 U.S.C. 254b et seq.) is amended by adding at

2 the end the following:

3 ‘‘SEC. 330L. TELEMEDICINE; INCENTIVE GRANTS REGARD4 ING COORDINATION AMONG STATES.

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

6 to State professional licensing boards to carry out pro7 grams under which such licensing boards of various States

8 cooperate to develop and implement State policies that will

9 reduce statutory and regulatory barriers to telemedicine.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

11 purpose of carrying out subsection (a), there are author12 ized to be appropriated such sums as may be necessary

13 for each of the fiscal years 2002 through 2006.’’.

14 (2) REPEAL.—Section 102 of the Health Care

15 Safety Net Amendments of 2002 (Public Law 107–

16 251) is repealed.

17 (f) HEALTH PROFESSIONAL SHORTAGE AREAS.—

18 (1) IN GENERAL.—Section 332 of the Public

19 Health Service Act (42 U.S.C. 254e) is amended—

20 (A) in subsection (a)(1)—

21 (i) by striking ‘‘such date of enact22 ment’’ and inserting ‘‘such date of designa23 tion’’; and
7

•HR 3038 EH

1 (ii) by striking ‘‘, issued after the date

2 of enactment of this Act, that revise’’ and

3 inserting ‘‘regarding’’; and

4 (B) in subsection (a)(3), by striking

5 ‘‘330(h)(4)’’ and inserting ‘‘330(h)(5)’’;

6 (C) in subsection (b)(2), by striking ‘‘des7 ignation,.’’ and inserting ‘‘designation.’’; and

8 (D) by adding at the end the following:

9 ‘‘(j)(1) The Secretary shall submit the report de10 scribed in paragraph (2) if the Secretary, acting through

11 the Administrator of the Health Resources and Services

12 Administration, issues—

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

14 a health professional shortage area for purposes of

15 this section; or

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

17 concerning priority of such an area under section

18 333A.

19 ‘‘(2) On issuing a regulation described in paragraph

20 (1), the Secretary shall prepare and submit to the Com21 mittee on Energy and Commerce of the House of Rep22 resentatives and the Committee on Health, Education,

23 Labor, and Pensions of the Senate a report that describes

24 the regulation.
8

•HR 3038 EH

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

2 take effect 180 days after the committees described in

3 paragraph (2) receive a report referred to in such para4 graph describing the regulation.’’.

5 (2) REPEAL.—Subsection (b) of section 302 of

6 the Health Care Safety Net Amendments of 2002

7 (Public Law 107–251) is repealed.

8 (g) ASSIGNMENT OF CORPS PERSONNEL.—Section

9 333(a)(1) of the Public Health Service Act (42 U.S.C.

10 254f) is amended by moving subparagraph (C) so that the

11 margin of subparagraph (C) is aligned with the margins

12 of subparagraphs (A), (B), and (D).

13 (h) PRIORITIES IN ASSIGNMENT OF CORPS PER14 SONNEL.—Section 333A(c)(4) of the Public Health Serv15 ice Act (42 U.S.C. 254f–1(c)(4)) is amended by striking

16 ‘‘30 days’’ and inserting ‘‘30 days from such notification’’.

17 (i) CHARGES FOR SERVICES.—Section 334(b)(1)(B)

18 of the Public Health Service Act (42 U.S.C.

19 254g(b)(1)(B)) is amended by inserting ‘‘the payment of’’

20 after ‘‘applied to’’.

21 (j) NATIONAL HEALTH SERVICE CORPS SCHOLAR22 SHIP PROGRAM.—Section 338A(d)(1) (42 U.S.C.

23 254l(d)(1)) is amended by moving subparagraph (B) so

24 that the margin of subparagraph (B) is aligned with the

25 margin of subparagraphs (A) and (C).
9

•HR 3038 EH

1 (k) NATIONAL HEALTH SERVICE CORPS LOAN RE2 PAYMENT PROGRAM.—Section 338B(e) of the Public

3 Health Service Act (42 U.S.C. 254l–1) is amended by

4 striking ‘‘PARTICIPATION.—’’ and all that follows through

5 ‘‘An individual’’ and inserting ‘‘PARTICIPATION.—An indi6 vidual’’.

7 (l) BREACH OF CONTRACT.—

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

9 Health Service Act (42 U.S.C. 254o) is amended—

10 (A) in subsection (c)(1), by moving sub11 paragraphs (A), (B), and (C), and the flush

12 matter following subparagraph (C), 2 ems to

13 the left; and

14 (B) by adding at the end the following:

15 ‘‘(f) The amendment made by section 313(a)(4) of

16 the Health Care Safety Net Amendments of 2002 (Public

17 Law 107–251) shall apply to any obligation for which a

18 discharge in bankruptcy has not been granted before the

19 date that is 31 days after the date of enactment of such

20 Act.’’.

21 (2) REPEAL.—Subsection (b) of section 313 of

22 the Health Care Safety Net Amendments of 2002

23 (Public Law 107–251) is repealed.

24 (m) MISCELLANEOUS.—The Public Health Service

25 Act (42 U.S.C. 201 et seq.) is amended—
10

•HR 3038 EH

1 (1) in subsections (g)(1)(G)(ii), (k)(2), and

2 (n)(1)(C) of section 224, and sections 317A(a)(2),

3 317E(c), and 318A(e), by striking ‘‘330, 330(h)’’

4 and inserting ‘‘330’’;

5 (2) in section 1313, by striking ‘‘329, 330, and

6 330(h)’’ and inserting ‘‘329 and 330’’; and

7 (3) in section 2652(a)(2), by striking ‘‘section

8 340’’ and inserting ‘‘section 330(h)’’.

9 (n) HEALTH CARE SAFETY NET AMENDMENTS OF

10 2002.—The Health Care Safety Net Amendments of 2002

11 (Public Law 107–251) is amended—

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

13 Care Financing Administration and the Health Re14 search’’ and inserting ‘‘Centers for Medicare & Med15 icaid Services and the Health Resources’’; and

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

17 managed care networks’’ and inserting ‘‘guarantees

18 of solvency for managed care networks or plans’’.
11

•HR 3038 EH

1 SEC. 3. EFFECTIVE DATE.

2 This Act is deemed to have taken effect immediately

3 after the enactment of Public Law 107–251.

Passed the House of Representatives October 1,

2003.

Attest:

Clerk.