II 

109TH CONGRESS 

2D SESSION S. 3717 

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 

JULY 24, 2006 

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 2006’’. 


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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 2006, 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) REVIEW AND AMENDMENT.—The Architectural 

5 and Transportation Barriers Compliance Board shall peri6 odically review and, as appropriate, amend the stand7 ards.’’. 

8 SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS 

9 WITH DISABILITIES. 

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

11 (42 U.S.C. 280g et seq.) is amended by adding at the end 

12 the following new section: 

13 ‘‘SEC. 399P. ESTABLISHMENT OF WELLNESS GRANT PRO14 GRAM FOR INDIVIDUALS WITH DISABILITIES. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) INDIVIDUAL WITH A DISABILITY DE17 FINED.—For purposes of this section, the term ‘in18 dividual with a disability’ has the meaning given the 

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

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

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

22 ‘‘(2) WELLNESS GRANT PROGRAM FOR INDIVID23 UALS WITH DISABILITIES.—The Secretary, in col24 laboration with the National Advisory Committee on 

25 Wellness for Individuals With Disabilities, may make 


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1 grants on a competitive basis to public and nonprofit 

2 private entities for the purpose of carrying out pro3 grams for promoting good health, disease prevention, 

4 and wellness for individuals with disabilities, and 

5 preventing secondary conditions in such individuals. 

6 ‘‘(b) REQUIREMENT OF APPLICATION.—To be eligi7 ble to receive a grant under subsection (a), a public or 

8 nonprofit private entity shall submit to the Secretary an 

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

10 such agreements, assurances, and information as the Sec11 retary determines to be necessary to carry out this section. 

12 ‘‘(c) AUTHORIZED ACTIVITIES.—With respect to pro13 moting good health and wellness for individuals with dis14 abilities described in subsection (a), activities for which 

15 the Secretary may make a grant under such subsection 

16 include— 

17 ‘‘(1) programs or activities for smoking ces18 sation, weight control, nutrition, or fitness that 

19 focus on the unique challenges faced by individuals 

20 with disabilities regarding these issues; 

21 ‘‘(2) preventive health screening programs for 

22 individuals with disabilities to reduce the incidence 

23 of secondary conditions; and 

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

25 provide individuals with disabilities (including chilVerDate Aug 31 2005 00:54 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3717.IS S3717

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1 dren with disabilities) an opportunity to increase 

2 their physical activity in a dedicated or adaptive rec3 reational environment. 

4 ‘‘(d) PRIORITIES.— 

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

6 shall establish a National Advisory Committee on 

7 Wellness for Individuals With Disabilities that shall 

8 set priorities to carry out this section, review grant 

9 proposals, and make recommendations for funding, 

10 and annually evaluate the progress of the program 

11 under this section in implementing the priorities. 

12 ‘‘(2) REPRESENTATION.—The Advisory Com13 mittee established under paragraph (1) shall include 

14 representation by the Department of Health and 

15 Human Services Office on Disability, the United 

16 States Surgeon General or his designee, the Centers 

17 for Disease Control and Prevention, private non18 profit organizations that represent the civil rights 

19 and interests of individuals with disabilities, and in20 dividuals with disabilities or their family members. 

21 ‘‘(e) DISSEMINATION OF INFORMATION.—The Sec22 retary shall, in addition to the usual methods of the Sec23 retary, disseminate information about the availability of 

24 grants under the Wellness Grant Program for Individuals 

25 with Disabilities in a manner designed to reach public enVerDate Aug 31 2005 00:54 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3717.IS S3717

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1 tities and nonprofit private organizations that are dedi2 cated to providing outreach, advocacy, or independent liv3 ing services to individuals with disabilities. 

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

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

6 of the Promoting Wellness for Individuals with Disabilities 

7 Act of 2006, and annually thereafter, submit to Congress 

8 a report summarizing activities, findings, outcomes, and 

9 recommendations resulting from the grant projects funded 

10 under this section during the preceding fiscal year. 

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

12 purpose of making grants under this section, there are au13 thorized to be appropriated such sums as may be nec14 essary.’’. 

15 SEC. 4. IMPROVING EDUCATION AND TRAINING TO PRO16 VIDE MEDICAL SERVICES TO INDIVIDUALS 

17 WITH DISABILITIES. 

18 (a) COORDINATED PROGRAM TO IMPROVE PEDI19 ATRIC ORAL HEALTH.—Section 320A(b) of the Public 

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

21 by— 

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

23 to increase’’; and 

24 (2) striking the period and inserting the fol25 lowing ‘‘, or to provide training to improve comVerDate Aug 31 2005 00:54 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3717.IS S3717

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1 petency and clinical skills in providing oral health 

2 services to, and communicating with, patients with 

3 disabilities, including those with intellectual disabil4 ities.’’. 

5 (b) CHILDREN’S HOSPITALS THAT OPERATE GRAD6 UATE MEDICAL EDUCATION PROGRAMS.—Section 340E 

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

8 amended by adding at the end the following: 

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

10 eligible to receive a payment under this section, a chil11 dren’s hospital shall provide training to improve com12 petency and clinical skills in providing health care to, and 

13 communicating with, patients with disabilities, including 

14 those with intellectual disabilities, as part of any approved 

15 graduate medical residency training program provided by 

16 the hospital.’’. 

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

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

19 amended— 

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

21 and inserting a semicolon; 

22 (2) by redesignating paragraph (7) as para23 graph (8); and 

24 (3) by inserting after paragraph (6) the fol25 lowing: 


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1 ‘‘(7) to carry out a program to improve com2 petency and clinical skills of students in providing 

3 health services to, and communicating with, patients 

4 with disabilities, including those with intellectual dis5 abilities; and’’. 

6 (d) FAMILY MEDICINE, GENERAL INTERNAL MEDI7 CINE, GENERAL PEDIATRICS, GENERAL DENTISTRY, PE8 DIATRIC DENTISTRY, AND PHYSICIAN ASSISTANTS.—Sec9 tion 747(a)(6) of the Public Health Service Act (42 U.S.C. 

10 293k(a)(6)) is amended by striking ‘‘pediatric dentistry.’’ 

11 and inserting the following: ‘‘pediatric dentistry; and 

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

13 for the training of physicians or dentists, or medical 

14 or dental residents, to improve competency and clin15 ical skills of physicians and dentists in providing 

16 services to, and communicating with, patients with 

17 disabilities, including those with intellectual disabil18 ities.’’. 

19 (e) ADVISORY COUNCIL ON GRADUATE MEDICAL

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

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

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

23 and inserting a semicolon; 

24 (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.’’. 


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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 enactment of this Act. 

Æ 


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