I 

111TH CONGRESS 

1ST SESSION H. R. 1938 

To amend the Rehabilitation Act of 1973 and the Public Health Service 

Act to set standards for medical diagnostic equipment and to establish 

a program for promoting good health, disease prevention, and wellness 

and for the prevention of secondary conditions for individuals with disabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mrs. LOWEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Ways and Means and Education and Labor, 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 

A BILL 

To amend the Rehabilitation Act of 1973 and the Public 

Health Service Act to set standards for medical diagnostic equipment and to establish a program for promoting good health, disease prevention, and wellness and 

for the prevention of secondary conditions for individuals 

with disabilities, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting Wellness 

3 for Individuals with Disabilities Act of 2009’’. 

4 SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE 

5 MEDICAL DIAGNOSTIC EQUIPMENT. 

6 (a) IN GENERAL.—Title V of the Rehabilitation Act 

7 of 1973 (29 U.S.C. 791 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCES10 SIBLE MEDICAL DIAGNOSTIC EQUIPMENT. 

11 ‘‘(a) STANDARDS.—Not later than 9 months after the 

12 date of the enactment of the Promoting Wellness for Indi13 viduals with Disabilities Act of 2009, the Architectural 

14 and Transportation Barriers Compliance Board shall issue 

15 (including publishing) standards setting forth the min16 imum technical criteria for medical diagnostic equipment 

17 used in (or in conjunction with) physicians offices, clinics, 

18 emergency rooms, hospitals, and other medical settings. 

19 The standards shall ensure that such equipment is acces20 sible to, and usable by, individuals with disabilities, and 

21 shall allow independent entry to, use of, and exit from the 

22 equipment by such individuals to the maximum extent pos23 sible. 

24 ‘‘(b) MEDICAL DIAGNOSTIC EQUIPMENT COV25 ERED.—The standards issued under subsection (a) for 

26 medical diagnostic equipment shall apply to equipment 


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1 that includes examination tables, examination chairs (in2 cluding chairs used for eye examinations or procedures, 

3 and dental examinations or procedures), weight scales, 

4 mammography equipment, x-ray machines, and other radi5 ological equipment commonly used for diagnostic purposes 

6 by health professionals. 

7 ‘‘(c) INTERIM STANDARDS.—Until the date that the 

8 standards described under subsection (a) are in effect, 

9 purchases of examination tables, weight scales, and mam10 mography equipment made after January 1, 2010, and 

11 used in (or in conjunction with) medical settings as de12 scribed in subsection (a), shall meet the following interim 

13 accessibility requirements: 

14 ‘‘(1) Examination tables shall be height-adjust15 able between a range of at least 18 inches to 37 

16 inches. 

17 ‘‘(2) Weight scales shall be capable of weighing 

18 individuals who remain seated in a wheelchair or 

19 other personal mobility aid. 

20 ‘‘(3) Mammography machines and equipment 

21 shall be capable of being used by individuals in a 

22 standing, seated, or recumbent position, including 

23 individuals who remain seated in a wheelchair or 

24 other personal mobility aid. 


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1 ‘‘(d) REVIEW AND AMENDMENT.—The Architectural 

2 and Transportation Barriers Compliance Board shall peri3 odically review and, as appropriate, amend the stand4 ards.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of the Rehabilitation Act of 1973 is amend7 ed by inserting after the item relating to section 509 the 

8 following new item: 

‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equipment.’’. 

9 SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS 

10 WITH DISABILITIES. 

11 Part P of title III of the Public Health Service Act 

12 (42 U.S.C. 280g et seq.) is amended— 

13 (1) by redesignating the section 399R, as added 

14 by section 2 of Public Law 110–373, as section 

15 399S; 

16 (2) by redesignating the section 399R, as added 

17 by section 3 of Public Law 110–374, as section 

18 399T; and 

19 (3) by adding at the end the following new sec20 tion: 

21 ‘‘SEC. 399U. ESTABLISHMENT OF WELLNESS GRANT PRO22 GRAM FOR INDIVIDUALS WITH DISABILITIES. 

23 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) INDIVIDUAL WITH A DISABILITY DE2 FINED.—For purposes of this section, the term ‘in3 dividual with a disability’ has the meaning given the 

4 term in section 7(20) of the Rehabilitation Act of 

5 1973 (29 U.S.C. 705(20)), for purposes of title V of 

6 such Act (29 U.S.C. 791 et seq.). 

7 ‘‘(2) WELLNESS GRANT PROGRAM FOR INDIVID8 UALS WITH DISABILITIES.—The Secretary, in col9 laboration with the National Advisory Committee on 

10 Wellness for Individuals With Disabilities established 

11 under subsection (d)(1), may make grants on a com12 petitive basis to public and nonprofit private entities 

13 for the purpose of carrying out programs for pro14 moting good health, disease prevention, and wellness 

15 for individuals with disabilities and for preventing 

16 secondary conditions in such individuals. 

17 ‘‘(b) REQUIREMENT OF APPLICATION.—To be eligi18 ble to receive a grant under subsection (a)(2), a public 

19 or nonprofit private entity shall submit to the Secretary 

20 an application at such time, in such manner, and con21 taining such agreements, assurances, and information as 

22 the Secretary determines to be necessary to carry out this 

23 section. 

24 ‘‘(c) AUTHORIZED ACTIVITIES.—With respect to pro25 moting good health and wellness for individuals with disVerDate Nov 24 2008 22:23 Apr 06, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1938.IH H1938

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1 abilities, activities for which the Secretary may make a 

2 grant under subsection (a) include— 

3 ‘‘(1) programs or activities for smoking ces4 sation, weight control, nutrition, or fitness that 

5 focus on the unique challenges faced by individuals 

6 with disabilities regarding these issues; 

7 ‘‘(2) preventive health screening programs for 

8 individuals with disabilities to reduce the incidence 

9 of secondary conditions; and 

10 ‘‘(3) athletic, exercise, or sports programs that 

11 provide individuals with disabilities (including chil12 dren with disabilities) an opportunity to increase 

13 their physical activity in a dedicated or adaptive rec14 reational environment. 

15 ‘‘(d) PRIORITIES.— 

16 ‘‘(1) ADVISORY COMMITTEE.—The Secretary 

17 shall establish a National Advisory Committee on 

18 Wellness for Individuals With Disabilities that shall 

19 set priorities to carry out this section, review grant 

20 proposals, and make recommendations for funding, 

21 and annually evaluate the progress of the program 

22 under this section in implementing the priorities. 

23 ‘‘(2) REPRESENTATION.—The Advisory Com24 mittee established under paragraph (1) shall include 

25 representation by the Department of Health and 


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1 Human Services Office on Disability, the United 

2 States Surgeon General or his designee, the Centers 

3 for Disease Control and Prevention, private non4 profit organizations that represent the civil rights 

5 and interests of individuals with disabilities, and in6 dividuals with disabilities or their family members. 

7 ‘‘(e) DISSEMINATION OF INFORMATION.—The Sec8 retary shall, in addition to the usual methods of the Sec9 retary, disseminate information about the availability of 

10 grants under subsection (a) in a manner designed to reach 

11 public entities and nonprofit private organizations that are 

12 dedicated to providing outreach, advocacy, or independent 

13 living services to individuals with disabilities. 

14 ‘‘(f) REPORTS TO CONGRESS.—The Secretary shall, 

15 not later than 180 days after the date of the enactment 

16 of the Promoting Wellness for Individuals with Disabilities 

17 Act of 2009, and annually thereafter, submit to Congress 

18 a report summarizing activities, findings, outcomes, and 

19 recommendations resulting from the grant projects funded 

20 under this section during the preceding fiscal year. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 

22 purpose of making grants under this section, there are au23 thorized to be appropriated such sums as may be nec24 essary.’’. 


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1 SEC. 4. IMPROVING EDUCATION AND TRAINING TO PRO2 VIDE MEDICAL SERVICES TO INDIVIDUALS 

3 WITH DISABILITIES. 

4 (a) COORDINATED PROGRAM TO IMPROVE PEDI5 ATRIC ORAL HEALTH.—Section 320A(b) of the Public 

6 Health Service Act (42 U.S.C. 247d–8(b)) is amended 

7 by— 

8 (1) striking ‘‘, or to increase’’ and inserting ‘‘, 

9 to increase’’; and 

10 (2) striking the period and inserting the fol11 lowing ‘‘, or to provide training to improve com12 petency and clinical skills in providing oral health 

13 services to, and communicating with, patients with 

14 disabilities (including those with intellectual disabil15 ities) through training integrated into the core cur16 riculum and patient interaction in community-based 

17 settings.’’. 

18 (b) CHILDREN’S HOSPITALS THAT OPERATE GRAD19 UATE MEDICAL EDUCATION PROGRAMS.—Section 340E 

20 of the Public Health Service Act (42 U.S.C. 256e) is 

21 amended by adding at the end the following: 

22 ‘‘(h) REQUIREMENT TO PROVIDE TRAINING.—To be 

23 eligible to receive a payment under this section, a chil24 dren’s hospital shall provide training to improve com25 petency and clinical skills in providing health care to, and 

26 communicating with, patients with disabilities, including 


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1 those with intellectual disabilities, as part of any approved 

2 graduate medical residency training program provided by 

3 the hospital. Such training shall include treating patients 

4 with disabilities in community-based settings as part of 

5 the usual training or residency placement.’’. 

6 (c) CENTERS OF EXCELLENCE.—Section 736(b) of 

7 the Public Health Service Act (42 U.S.C. 293(b)) is 

8 amended— 

9 (1) in paragraph (6)(B), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (2) by redesignating paragraph (7) as para12 graph (8); and 

13 (3) by inserting after paragraph (6) the fol14 lowing: 

15 ‘‘(7) to carry out a program to improve com16 petency and clinical skills of students in providing 

17 health services to, and communicating with, patients 

18 with disabilities, including those with intellectual dis19 abilities; and’’. 

20 (d) FAMILY MEDICINE, GENERAL INTERNAL MEDI21 CINE, GENERAL PEDIATRICS, GENERAL DENTISTRY, PE22 DIATRIC DENTISTRY, AND PHYSICIAN ASSISTANTS.—Sec23 tion 747(a) of the Public Health Service Act (42 U.S.C. 

24 293k(a)) is amended— 


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1 (1) in paragraph (5), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (6), by striking ‘‘pediatric 

4 dentistry.’’ and inserting ‘‘pediatric dentistry; and’’; 

5 (3) by inserting after paragraph (6) the fol6 lowing new paragraph: 

7 ‘‘(7) to plan, develop, and operate a program 

8 for the training of physicians or dentists, or medical 

9 or dental residents, to improve competency and clin10 ical skills of physicians and dentists in providing 

11 services to, and communicating with, patients with 

12 disabilities, including those with intellectual disabil13 ities.’’; and 

14 (4) by adding at the end the following: ‘‘The 

15 training described in paragraph (7) shall include 

16 training integrated into the core curriculum, as well 

17 as patient interaction with individuals with disabil18 ities in community-based settings, as part of the 

19 usual training or residency placement.’’. 

20 (e) ADVISORY COUNCIL ON GRADUATE MEDICAL

21 EDUCATION.—Section 762(a)(1) of the Public Health 

22 Service Act (42 U.S.C. 294o(a)(1)) is amended— 

23 (1) in subparagraph (E), by striking ‘‘; and’’ 

24 and inserting a semicolon; and 

25 (2) by adding at the end the following: 


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1 ‘‘(G) appropriate efforts to be carried out 

2 by hospitals, schools of medicine, schools of os3 teopathic medicine, schools of dentistry, and ac4 crediting bodies with respect to changes in un5 dergraduate and graduate medical training to 

6 improve competency and clinical skills of physi7 cians in providing health care services to, and 

8 communicating with, patients with disabilities, 

9 including those with intellectual disabilities; 

10 and’’. 

11 (f) MEDICARE GRADUATE MEDICAL EDUCATION

12 PROGRAMS.—Section 1886(h) of the Social Security Act 

13 (42 U.S.C. 1395ww(h)) is amended by adding at the end 

14 the following: 

15 ‘‘(8) REQUIREMENT TO PROVIDE TRAINING.— 

16 To be eligible to receive a payment under this sub17 section, a hospital shall provide training to improve 

18 competency and clinical skills in providing health 

19 care to, and communicating with, patients with dis20 abilities, including those with intellectual disabilities, 

21 as part of any approved medical residency training 

22 program provided by the hospital. Such training 

23 shall include treating patients with disabilities in 

24 community-based settings, as part of the usual 

25 training or residency placement.’’. 


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1 (g) EFFECTIVE DATE.—The amendments made by 

2 subsections (b), (c), and (f) shall take effect 180 days 

3 after the date of the enactment of this Act 

Æ 


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