II 

110TH CONGRESS 

1ST SESSION S. 1050 

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 SENATE OF THE UNITED STATES 

MARCH 29, 2007 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 for Individuals with Disabilities Act of 2007’’. 


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1 SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE 

2 MEDICAL DIAGNOSTIC EQUIPMENT. 

3 Title V of the Rehabilitation Act of 1973 (29 U.S.C. 

4 791 et seq.) is amended by adding at the end of the fol5 lowing: 

6 ‘‘SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCES7 SIBLE MEDICAL DIAGNOSTIC EQUIPMENT. 

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

9 date of enactment of the Promoting Wellness for Individ10 uals with Disabilities Act of 2007, the Architectural and 

11 Transportation Barriers Compliance Board shall issue (in12 cluding publishing) standards setting forth the minimum 

13 technical criteria for medical diagnostic equipment used 

14 in (or in conjunction with) physician’s offices, clinics, 

15 emergency rooms, hospitals, and other medical settings. 

16 The standards shall ensure that such equipment is acces17 sible to, and usable by, individuals with disabilities, and 

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

19 equipment by such individuals to the maximum extent pos20 sible. 

21 ‘‘(b) MEDICAL DIAGNOSTIC EQUIPMENT COV22 ERED.—The standards issued under subsection (a) for 

23 medical diagnostic equipment shall apply to equipment 

24 that includes examination tables, examination chairs (in25 cluding chairs used for eye examinations or procedures, 

26 and dental examinations or procedures), weight scales, 


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1 mammography equipment, x-ray machines, and other radi2 ological equipment commonly used for diagnostic purposes 

3 by health professionals. 

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

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

6 purchases of examination tables, weight scales, and mam7 mography equipment made after January 1, 2008, and 

8 used in (or in conjunction with) medical settings as de9 scribed in subsection (a), shall meet the following interim 

10 accessibility requirements: 

11 ‘‘(1) Examination tables shall be height-adjust12 able between a range of at least 18 inches to 37 

13 inches. 

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

15 individuals who remain seated in a wheelchair or 

16 other personal mobility aid. 

17 ‘‘(3) Mammography machines and equipment 

18 shall be capable of being used by individuals in a 

19 standing, seated, or recumbent position, including 

20 individuals who remain seated in a wheelchair or 

21 other personal mobility aid. 

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

23 and Transportation Barriers Compliance Board shall peri24 odically review and, as appropriate, amend the stand25 ards.’’. 


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1 SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS 

2 WITH DISABILITIES. 

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

4 (42 U.S.C. 280g et seq.) is amended by adding at the end 

5 the following new section: 

6 ‘‘SEC. 399R. ESTABLISHMENT OF WELLNESS GRANT PRO7 GRAM FOR INDIVIDUALS WITH DISABILITIES. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) INDIVIDUAL WITH A DISABILITY DE10 FINED.—For purposes of this section, the term ‘in11 dividual with a disability’ has the meaning given the 

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

13 1973 (29 U.S.C. 705(20)), for purposes of title V of 

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

15 ‘‘(2) WELLNESS GRANT PROGRAM FOR INDIVID16 UALS WITH DISABILITIES.—The Secretary, in col17 laboration with the National Advisory Committee on 

18 Wellness for Individuals With Disabilities, may make 

19 grants on a competitive basis to public and nonprofit 

20 private entities for the purpose of carrying out pro21 grams for promoting good health, disease prevention, 

22 and wellness for individuals with disabilities, and 

23 preventing secondary conditions in such individuals. 

24 ‘‘(b) REQUIREMENT OF APPLICATION.—To be eligi25 ble to receive a grant under subsection (a), a public or 

26 nonprofit private entity shall submit to the Secretary an 


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1 application at such time, in such manner, and containing 

2 such agreements, assurances, and information as the Sec3 retary determines to be necessary to carry out this section. 

4 ‘‘(c) AUTHORIZED ACTIVITIES.—With respect to pro5 moting good health and wellness for individuals with dis6 abilities described in subsection (a), activities for which 

7 the Secretary may make a grant under such subsection 

8 include— 

9 ‘‘(1) programs or activities for smoking ces10 sation, weight control, nutrition, or fitness that 

11 focus on the unique challenges faced by individuals 

12 with disabilities regarding these issues; 

13 ‘‘(2) preventive health screening programs for 

14 individuals with disabilities to reduce the incidence 

15 of secondary conditions; and 

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

17 provide individuals with disabilities (including chil18 dren with disabilities) an opportunity to increase 

19 their physical activity in a dedicated or adaptive rec20 reational environment. 

21 ‘‘(d) PRIORITIES.— 

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

23 shall establish a National Advisory Committee on 

24 Wellness for Individuals With Disabilities that shall 

25 set priorities to carry out this section, review grant 


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1 proposals, and make recommendations for funding, 

2 and annually evaluate the progress of the program 

3 under this section in implementing the priorities. 

4 ‘‘(2) REPRESENTATION.—The Advisory Com5 mittee established under paragraph (1) shall include 

6 representation by the Department of Health and 

7 Human Services Office on Disability, the United 

8 States Surgeon General or his designee, the Centers 

9 for Disease Control and Prevention, private non10 profit organizations that represent the civil rights 

11 and interests of individuals with disabilities, and in12 dividuals with disabilities or their family members. 

13 ‘‘(e) DISSEMINATION OF INFORMATION.—The Sec14 retary shall, in addition to the usual methods of the Sec15 retary, disseminate information about the availability of 

16 grants under the Wellness Grant Program for Individuals 

17 with Disabilities in a manner designed to reach public en18 tities and nonprofit private organizations that are dedi19 cated to providing outreach, advocacy, or independent liv20 ing services to individuals with disabilities. 

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

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

23 of the Promoting Wellness for Individuals with Disabilities 

24 Act of 2007, and annually thereafter, submit to Congress 

25 a report summarizing activities, findings, outcomes, and 


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1 recommendations resulting from the grant projects funded 

2 under this section during the preceding fiscal year. 

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

4 purpose of making grants under this section, there are au5 thorized to be appropriated such sums as may be nec6 essary.’’. 

7 SEC. 4. IMPROVING EDUCATION AND TRAINING TO PRO8 VIDE MEDICAL SERVICES TO INDIVIDUALS 

9 WITH DISABILITIES. 

10 (a) COORDINATED PROGRAM TO IMPROVE PEDI11 ATRIC ORAL HEALTH.—Section 320A(b) of the Public 

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

13 by— 

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

15 to increase’’; and 

16 (2) striking the period and inserting the fol17 lowing ‘‘, or to provide training to improve com18 petency and clinical skills in providing oral health 

19 services to, and communicating with, patients with 

20 disabilities (including those with intellectual disabil21 ities) through training integrated into the core cur22 riculum and patient interaction in community-based 

23 settings.’’. 

24 (b) CHILDREN’S HOSPITALS THAT OPERATE GRAD25 UATE MEDICAL EDUCATION PROGRAMS.—Section 340E 


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

2 amended by adding at the end the following: 

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

4 eligible to receive a payment under this section, a chil5 dren’s hospital shall provide training to improve com6 petency and clinical skills in providing health care to, and 

7 communicating with, patients with disabilities, including 

8 those with intellectual disabilities, as part of any approved 

9 graduate medical residency training program provided by 

10 the hospital. Such training shall include treating patients 

11 with disabilities in community-based settings, as part of 

12 the usual training or residency placement.’’. 

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

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

15 amended— 

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

17 and inserting a semicolon; 

18 (2) by redesignating paragraph (7) as para19 graph (8); and 

20 (3) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) to carry out a program to improve com23 petency and clinical skills of students in providing 

24 health services to, and communicating with, patients 


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1 with disabilities, including those with intellectual dis2 abilities; and’’. 

3 (d) FAMILY MEDICINE, GENERAL INTERNAL MEDI4 CINE, GENERAL PEDIATRICS, GENERAL DENTISTRY, PE5 DIATRIC DENTISTRY, AND PHYSICIAN ASSISTANTS.—Sec6 tion 747(a) of the Public Health Service Act (42 U.S.C. 

7 293k(a)) is amended— 

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

9 inserting a semicolon; 

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

11 dentistry.’’ and inserting the following: ‘‘pediatric 

12 dentistry; and 

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

14 for the training of physicians or dentists, or medical 

15 or dental residents, to improve competency and clin16 ical skills of physicians and dentists in providing 

17 services to, and communicating with, patients with 

18 disabilities, including those with intellectual disabil19 ities.’’; and 

20 (3) by inserting at the end the following: ‘‘The 

21 training described in paragraph (7) shall include 

22 training integrated into the core curriculum, as well 

23 as patient interaction with individuals with disabil24 ities in community-based settings, as part of the 

25 usual training or residency placement.’’. 


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1 (e) ADVISORY COUNCIL ON GRADUATE MEDICAL

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

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

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

5 and inserting a semicolon; 

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

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

8 by hospitals, schools of medicine, schools of os9 teopathic medicine, schools of dentistry, and ac10 crediting bodies with respect to changes in un11 dergraduate and graduate medical training to 

12 improve competency and clinical skills of physi13 cians in providing health care services to, and 

14 communicating with, patients with disabilities, 

15 including those with intellectual disabilities; 

16 and’’. 

17 (f) MEDICARE GRADUATE MEDICAL EDUCATION

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

19 (42 U.S.C. 1395ww(h)) is amended by adding at the end 

20 the following: 

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

22 To be eligible to receive a payment under this sub23 section, a hospital shall provide training to improve 

24 competency and clinical skills in providing health 

25 care to, and communicating with, patients with disVerDate Aug 31 2005 00:25 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1050.IS S1050

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1 abilities, including those with intellectual disabilities, 

2 as part of any approved medical residency training 

3 program provided by the hospital. Such training 

4 shall include treating patients with disabilities in 

5 community-based settings, as part of the usual 

6 training or residency placement.’’. 

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

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

9 after the date of enactment of this Act. 

Æ 


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