I 
111TH CONGRESS 
2D SESSION 
H. R. 5209 
To provide a comprehensive approach to preventing and treating obesity. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2010 
Mr. KIND (for himself, Mrs. BONO MACK, Mr. BLUMENAUER, and Ms. 
FUDGE) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Education and Labor, Ways and Means, Agriculture, Transportation and 
Infrastructure, and Natural Resources, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide a comprehensive approach to preventing and 
treating obesity. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Healthy Communities through Helping to Offer Incen-
tives and Choices to Everyone in Society Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
Sec. 1. Short title; table of contents. 
TITLE I—IMPROVING PREVENTION AND TREATMENT OF 
OBESITY IN ADULTS AND CHILDREN 
Sec. 101. Reporting of Body Mass Index Information Requirement. 
Sec. 102. Grants for Body Mass Index data analysis. 
Sec. 103. Requirement to expedite national Medicare coverage determinations 
for evidence-based preventive services. 
Sec. 104. Expansion of obesity treatment services under Medicare. 
Sec. 105. Coverage of evidence-based preventive services under Medicaid and 
SCHIP. 
Sec. 106. Coverage of medical nutrition therapy under Medicaid and SCHIP. 
Sec. 107. Clarification of EPSDT inclusion of prevention, screening, and treat-
ment services for obesity and overweight; SCHIP coverage. 
Sec. 108. Grants to increase physical activity, improve nutrition, and promote 
healthy eating behaviors. 
Sec. 109. Grants to provide training for health profession students. 
Sec. 110. Grants to provide training for health professionals. 
Sec. 111. Preventive health services block grant. 
TITLE II—IMPROVING CHILDHOOD NUTRITION 
Sec. 201. Nutrition and wellness goals for meals served through the child and 
adult care food program. 
Sec. 202. Interagency coordination to promote health and wellness in child care 
licensing. 
Sec. 203. Study on nutrition and wellness quality of child care settings. 
Sec. 204. Working group to reduce paperwork and improve program adminis-
tration. 
Sec. 205. Renewal of application materials and permanent operating agree-
ments. 
Sec. 206. Transmission of income information by sponsored family or group 
day care homes. 
Sec. 207. Simplifying and enhancing administrative payments to sponsoring or-
ganizations. 
Sec. 208. Cultivate farm-to-school partnerships. 
TITLE III—IMPROVING ACCESS TO AND OPPORTUNITY FOR 
PHYSICAL ACTIVITY FOR ADULTS AND CHILDREN 
Subtitle A—National Program Promoting Lifelong Active Youth (PLAY) and 
Implementation Grants 
Sec. 301. Play assessment tools. 
Sec. 302. Model communities of play implementation grants. 
Subtitle B—Moving Outdoors in Nature 
Sec. 311. Definitions. 
Sec. 312. Grants for development or implementation of Moving Outdoors in 
Nature Strategies. 
Sec. 313. National evaluation of health impacts. 
Sec. 314. Technical assistance and best practices. 
Sec. 315. Authorization of appropriations. 
Subtitle C—Other Provisions 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
Sec. 321. Authorization of appropriations for Carol M. White Physical Edu-
cation Program. 
Sec. 322. Physical education guidelines for elementary and secondary schools. 
Sec. 323. Treating physical education as a core academic subject for elementary 
and secondary education grants. 
Sec. 324. Physical activity guidelines for preschool children. 
Sec. 325. Tracking physical activity in schools. 
Sec. 326. Employer-provided off-premises health club services. 
Sec. 327. Certain amounts paid for physical activity, fitness, and exercise treat-
ed as amounts paid for medical care. 
Sec. 328. National youth sports program revitalization. 
Sec. 329. Duplication of the Zuni Youth Enrichment Project Summer Camp on 
Indian reservations and tribal lands. 
TITLE IV—IMPROVING ACCESS TO NUTRITIONAL INFORMATION 
AND HEALTHY FOODS 
Sec. 401. Consumer education. 
Sec. 402. Expand team nutrition training grants. 
Sec. 403. Department of Agriculture program to support establishment or ex-
pansion of retail food stores offering affordable, nutritious 
foods in underserved communities and coordination with other 
Federal programs. 
Sec. 404. Virtual Farmers Market Program. 
Sec. 405. Urban and Native-American Community Garden Grant Program. 
TITLE V—REALIGNING TRANSPORTATION POLICY TO HELP 
PROMOTE HEALTHY LIFESTYLES 
Sec. 501. Grants to promote planning decisions and policies that increase ac-
cess to physical activity. 
Sec. 502. Joint use agreements. 
Sec. 503. Expansion of safe routes to school program. 
Sec. 504. Active transportation infrastructure investment program. 
TITLE VI—RESEARCH AND ASSESSMENT TOOLS 
Sec. 601. National Center for Health Statistics. 
Sec. 602. Report on obesity research. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
TITLE I—IMPROVING PREVEN-
TION AND TREATMENT OF 
OBESITY 
IN 
ADULTS 
AND 
CHILDREN 
SEC. 101. REPORTING OF BODY MASS INDEX INFORMATION 
REQUIREMENT. 
(a) IN GENERAL.—Subsection (a) of section 2125 of 
the Public Health Service Act (42 U.S.C. 300aa–25) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period and adding ‘‘, and’’ 
at the end of paragraph (4); and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) the age, gender, height, and weight of each 
person vaccinated to calculate the body mass index 
of such person.’’. 
(b) REPORTING.—Subsection (b) of such section is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) the information recorded under sub-
section (a)(5), and’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) Each health provider shall also report to 
the relevant department of the State in which such 
health care provider practices the data collected 
under subsection (a)(5).’’. 
SEC. 102. GRANTS FOR BODY MASS INDEX DATA ANALYSIS. 
(a) ESTABLISHMENT.—The Secretary of Health and 
Human Services may make grants to not more than 20 
eligible entities to analyze body mass index (hereinafter 
in this section referred to as ‘‘BMI’’) measurements of 
children, ages 2 through 18. 
(b) ELIGIBILITY.—An eligible entity for purposes of 
this section is a State (including the District of Columbia, 
the Commonwealth of Puerto Rico, and each territory of 
the United States) that has a statewide immunization in-
formation system that— 
(1) has the capacity to store basic demographic 
information (including date of birth, gender, and ge-
ographic area of residence), height, weight, and im-
munization data for each resident of the State; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(2) is accessible to doctors, nurses, other li-
censed medical professionals, and officials of the rel-
evant department in the State charged with main-
taining health and immunization records; and 
(3) has the capacity to integrate large amounts 
of data for the analysis of BMI measurements. 
(c) USE OF FUNDS.—A State that receives a grant 
under this section shall use the grant for the following 
purposes: 
(1) Analyzing the effectiveness of obesity pre-
vention programs and wellness policies carried out in 
the State. 
(2) Purchasing new computers, computer equip-
ment, and software to upgrade computers to be used 
for a statewide immunization information system. 
(3) The hiring and employment of personnel to 
maintain and analyze BMI data. 
(4) The development and implementation of 
training programs for medical professionals to aid 
such professionals in taking BMI measurements and 
discussing such measurements with patients. 
(5) Providing information to parents and legal 
guardians in accordance with subsection (e)(2). 
(d) SELECTION CRITERIA.—In selecting recipients of 
grants under this section, the Secretary shall give priority 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
to States in which a high percentage of public and private 
health care providers submit data to a statewide immuni-
zation information system that— 
(1) contains immunization data for not less 
than 20 percent of the population of such State that 
is under the age of 18; and 
(2) includes data collected from men and 
women who are of a wide variety of ages and who 
reside in a wide variety of geographic areas in a 
State (as determined by the Secretary). 
(e) CONDITIONS.—As a condition of receiving a grant 
under this section, a State shall— 
(1) ensure that BMI measurements will be re-
corded for children ages 2 through 18— 
(A) on an annual basis by a licensed physi-
cian, nurse, nurse practitioner, or physicians as-
sistant during an annual physical examination, 
wellness visit, or similar visit with a physician; 
and 
(B) in accordance with data collection pro-
tocols published by the American Academy of 
Pediatrics in the 2007 Expert Committee Rec-
ommendations; and 
(2) for each child in the State for whom such 
measurements indicate a BMI greater than the 95th 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
percentile for such child’s age and gender, provide to 
the parents or legal guardians of such child informa-
tion on how to lower BMI and information on State 
and local obesity prevention programs. 
(f) REPORTS.— 
(1) REPORTS TO THE SECRETARY.—Not later 
than 5 years after the receipt of a grant under this 
section, the State receiving such grant shall submit 
to the Secretary the following reports: 
(A) A report containing an analysis of 
BMI data collected using the grant, including— 
(i) the differences in obesity trends by 
gender, disability, geographic area (as de-
termined by the State), and socioeconomic 
status within such State; and 
(ii) the demographic groups and geo-
graphic areas most affected by obesity 
within such State. 
(B) A report containing an analysis of the 
effectiveness of obesity prevention programs 
and State wellness policies, including— 
(i) an analysis of the success of such 
programs and policies prior to the receipt 
of the grant; and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS