I 

111TH CONGRESS 

1ST SESSION H. R. 3895 

To authorize the Secretary of Health and Human Services to conduct or 

support research and demonstration projects on the use of financial 

and in-kind subsidies and rewards to encourage individuals and communities to promote wellness, adopt healthy behaviors, and use evidencebased preventive health services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2009 

Mrs. DAHLKEMPER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To authorize the Secretary of Health and Human Services 

to conduct or support research and demonstration 

projects on the use of financial and in-kind subsidies 

and rewards to encourage individuals and communities 

to promote wellness, adopt healthy behaviors, and use 

evidence-based preventive health services, 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, 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 3895 IH

1 SECTION 1. RESEARCH ON SUBSIDIES AND REWARDS TO 

2 ENCOURAGE WELLNESS AND HEALTHY BE3 HAVIORS. 

4 (a) RESEARCH AND DEMONSTRATION PROJECTS.— 

5 (1) IN GENERAL.—The Secretary of Health and 

6 Human Services shall conduct, or award grants to 

7 public or nonprofit private entities to conduct, re8 search and demonstration projects on the use of fi9 nancial and in-kind subsidies and rewards to encour10 age individuals and communities to promote 

11 wellness, adopt healthy behaviors, and use evidence12 based preventive health services. 

13 (2) FOCUS.—Research and demonstration 

14 projects under paragraph (1) shall focus on— 

15 (A) tobacco use, obesity, and other preven16 tion and wellness priorities identified by the 

17 Secretary in the national strategy under section 

18 3121 of the Public Health Service Act, as 

19 amended by the America’s Affordable Health 

20 Choices Act of 2009; 

21 (B) the initiation, maintenance, and long22 term sustainability of wellness promotion; adop23 tion of healthy behaviors; and use of evidence24 based preventive health services; and 

25 (C) populations at high risk of preventable 

26 diseases and conditions. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 3895 IH

1 (b) FINDINGS; REPORT.— 

2 (1) SUBMISSION OF FINDINGS.—The Secretary 

3 shall submit the findings of research and demonstra4 tion projects under subsection (a) to— 

5 (A) the Task Force on Clinical Preventive 

6 Services or the Task Force on Community Pre7 ventive Services, as appropriate; and 

8 (B) the Health Benefits Advisory Com9 mittee established by section 223 of the Amer10 ica’s Affordable Health Choices Act of 2009. 

11 (2) REPORT TO CONGRESS.—Not later than 18 

12 months after the initiation of research and dem13 onstration projects under subsection (a), the Sec14 retary shall submit a report to the Congress on the 

15 progress of such research and projects, including 

16 any preliminary findings. 

17 (c) INCLUSION IN ESSENTIAL BENEFITS PACK18 AGE.—If, on the basis of the findings of research and dem19 onstration projects under subsection (a) or other sources 

20 consistent with section 3131 of the Public Health Service 

21 Act, as amended by the America’s Affordable Health 

22 Choices Act of 2009, the Task Force on Clinical Preven23 tive Services determines that a subsidy or reward meets 

24 the Task Force’s standards for a grade A or B, the Sec25 retary shall ensure that the subsidy or reward is included 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 3895 IH

1 in the essential benefits package under section 222 of the 

2 America’s Affordable Health Choices Act of 2009. 

3 (d) INCLUSION AS ALLOWABLE USE OF COMMUNITY

4 PREVENTION AND WELLNESS SERVICES GRANTS.—If, on 

5 the basis of the findings of research and demonstration 

6 projects under subsection (a) or other sources consistent 

7 with section 3132 of the Public Health Service Act, as 

8 amended by the America’s Affordable Health Choices Act 

9 of 2009, the Task Force on Community Preventive Serv10 ices determines that a subsidy or reward is effective, the 

11 Secretary shall ensure that the subsidy or reward becomes 

12 an allowable use of grant funds under section 3151 of the 

13 Public Health Service Act, as amended by the America’s 

14 Affordable Health Choices Act of 2009. 

15 (e) NONDISCRIMINATION; NO TIE TO PREMIUM OR

16 COST SHARING.—In carrying out this section, the Sec17 retary shall ensure that any subsidy or reward— 

18 (1) does not have a discriminatory effect on the 

19 basis of any personal characteristic extraneous to 

20 the provision of high-quality health care or related 

21 services; and 

22 (2) is not tied to the premium or cost sharing 

23 of an individual under any qualified health benefits 

24 plan (as defined in section 100(c) of the America’s 

25 Affordable Health Choices Act of 2009). 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 3895 IH

1 (f) DEFINITIONS.—In this Act: 

2 (1) The term ‘‘Task Force on Clinical Preven3 tive Services’’ means the Task Force on Clinical 

4 Preventive Services established under section 3131 

5 of the Public Health Service Act, as amended by the 

6 America’s Affordable Health Choices Act of 2009. 

7 (2) The term ‘‘Task Force on Community Pre8 ventive Services’’ means Task Force on Community 

9 Preventive Services established under section 3132 

10 of the Public Health Service Act, as amended by the 

11 America’s Affordable Health Choices Act of 2009. 

12 (3) The term ‘‘Secretary’’ means the Secretary 

13 of Health and Human Services. 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this Act, there are authorized to be appropriated such 

16 sums as may be necessary for each of fiscal years 2011 

17 through 2015. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS