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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Nutrition Equity Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Specialized food is often medically necessary for the 
        safe and effective management of many digestive and inherited 
        metabolic disorders that impact digestion, absorption, and 
        metabolism of nutrients.
            (2) Although medically necessary food is essential for 
        patients, it is often expensive and not uniformly reimbursed by 
        health insurance, leaving many families with an insurmountable 
        financial burden.
            (3) As a result, many patients who cannot afford medically 
        necessary food may experience adverse health consequences from 
        suboptimal disease management, including hospitalization, 
        intellectual impairment, behavioral dysfunction, inadequate 
        growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE 
              AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH 
              PROGRAMS AND PRIVATE HEALTH INSURANCE.

    (a) Coverage Under the Medicare Program.--
            (1) Medically necessary food.--
                    (A) In general.--Section 1861(s)(2) of the Social 
                Security Act (42 U.S.C. 1395x(s)(2)) is amended--
                            (i) in subparagraph (FF), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (GG), by inserting 
                        ``and'' at the end; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(HH) medically necessary food (as defined in subsection 
        (jjj)) and the medical equipment and supplies necessary to 
        administer such food (other than medical equipment and supplies 
        described in subsection (n));''.
                    (B) Definition.--Section 1861 of the Social 
                Security Act (42 U.S.C. 1395x) is amended by adding at 
                the end the following new subsection:

                       ``Medically Necessary Food

    ``(jjj)(1) Subject to paragraph (2), the term `medically necessary 
food' means food, including a low protein modified food product and an 
amino acid preparation product, that is--
            ``(A) furnished pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation, for the dietary management of a covered 
        disease or condition;
            ``(B) a specially formulated and processed product (as 
        opposed to a naturally occurring foodstuff used in its natural 
        state) for the partial or exclusive feeding of an individual by 
        means of oral intake or enteral feeding by tube;
            ``(C) intended for the dietary management of an individual 
        who, because of therapeutic or chronic medical needs, has 
        limited or impaired capacity to ingest, digest, absorb, or 
        metabolize ordinary foodstuffs or certain nutrients, or who has 
        other special medically determined nutrient requirements, the 
        dietary management of which cannot be achieved by the 
        modification of the normal diet alone;
            ``(D) intended to be used under medical supervision, which 
        may include in a home setting; and
            ``(E) intended only for an individual receiving active and 
        ongoing medical supervision wherein the individual requires 
        medical care on a recurring basis for, among other things, 
        instructions on the use of the food.
    ``(2) For purposes of paragraph (1), the term `medically necessary 
food' does not include the following:
            ``(A) Foods taken as part of an overall diet designed to 
        reduce the risk of a disease or medical condition or as weight 
        loss products, even if they are recommended by a physician or 
        other health professional.
            ``(B) Foods marketed as gluten-free for the management of 
        celiac disease or non-celiac gluten sensitivity.
            ``(C) Foods marketed for the management of diabetes.
            ``(D) Other products determined appropriate by the 
        Secretary.
    ``(3) In this subsection, the term `covered disease or condition' 
means the following diseases or conditions:
            ``(A) Inherited metabolic disorders, including the 
        following:
                    ``(i) Disorders classified as metabolic disorders 
                on the Recommended Uniform Screening Panel Core 
                Conditions list of the Secretary of Health and Human 
                Services' Advisory Committee on Heritable Disorders in 
                Newborns and Children.
                    ``(ii) N-acetyl glutamate synthase deficiency.
                    ``(iii) Ornithine transcarbamlyase deficiency.
                    ``(iv) Carbamoyl phosphate synthestase deficiency.
                    ``(v) Inherited disorders of mitochondrial 
                functioning.
            ``(B) Medical and surgical conditions of malabsorption, 
        including the following:
                    ``(i) Impaired absorption of nutrients caused by 
                disorders affecting the absorptive surface, functional 
                length, and motility of the gastrointestinal tract, 
                including short bowel syndrome and chronic intestinal 
                pseudo-obstruction.
                    ``(ii) Malabsorption due to liver or pancreatic 
                disease.
            ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated 
        allergies to food proteins, including the following:
                    ``(i) Immunoglobulin E and non-Immunoglobulin E-
                mediated allergies to food proteins.
                    ``(ii) Food protein-induced enterocolitis syndrome.
                    ``(iii) Eosinophilic disorders, including 
                eosinophilic esophagitis, eosinophilic gastroenteritis, 
                eosinophilic colitis, and post-transplant eosinophilic 
                disorders.
            ``(D) Inflammatory or immune mediated conditions of the 
        alimentary tract, including the following:
                    ``(i) Inflammatory bowel disease, including Crohn's 
                disease, ulcerative colitis, and indeterminate colitis.
                    ``(ii) Gastroesophageal reflux disease that is 
                nonresponsive to standard medical therapies.
            ``(E) Any other disease or condition determined appropriate 
        by the Secretary.
    ``(4) In this subsection, the term ` low protein modified food 
product' means a product formulated to have less than one gram of 
protein per serving.''.
                    (C) Payment.--Section 1833(a)(1) of the Social 
                Security Act (42 U.S.C. 1395l(a)(1)) is amended--
                            (i) by striking ``and'' before ``(BB)''; 
                        and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``, and (CC) with 
                        respect to medically necessary food (as defined 
                        in section 1861(jjj)), the amount paid shall be 
                        an amount equal to 80 percent of the lesser of 
                        the actual charge for the services or the 
                        amount determined under a fee schedule 
                        established by the Secretary for purposes of 
                        this subparagraph.''.
                    (D) Effective date.--The amendments made by this 
                subsection shall apply to items and services furnished 
                on or after the date that is 1 year after the date of 
                the enactment of this Act.
            (2) Inclusion of medically necessary vitamins as a covered 
        part d drug.--
                    (A) In general.--Section 1860D-2(e)(1) of the 
                Social Security Act (42 U.S.C. 1395w-102(e)(1)) is 
                amended--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        comma at the end and inserting ``; or''; and
                            (iii) by inserting after subparagraph (B) 
                        the following new subparagraph:
                    ``(C) medically necessary vitamins used for the 
                management of a covered disease or condition (as 
                defined in section 1861(jjj)(3)) pursuant to the 
                prescription, order, or recommendation (as applicable) 
                of a physician or other health care professional 
                qualified to make such prescription, order, or 
                recommendation,''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall apply to plan years beginning on 
                or after the date that is 1 year after the date of the 
                enactment of this Act.
    (b) Coverage Under the Medicaid Program.--
            (1) In general.--Section 1905(a) of the Social Security Act 
        (42 U.S.C. 1396d(a)) is amended--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (31); and
                    (C) by inserting after paragraph (28) the following 
                new paragraphs:
            ``(29) medically necessary food (as defined in section 
        1861(jjj)) and the medical equipment and supplies necessary to 
        administer such food;
            ``(30) medically necessary vitamins used for the management 
        of a covered disease or condition (as defined in section 
        1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation; and''.
            (2) Conforming amendments.--
                    (A) Mandatory benefits.--Section 1902(a)(10)(A) of 
                the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is 
                amended, in the matter preceding clause (i), by 
                striking ``and (28)'' and inserting ``(28), (29), and 
                (30)''.
                    (B) Exception to coverage restriction.--Section 
                1927(d)(2)(E) of the Social Security Act (42 U.S.C. 
                1396r-8(d)(2)(E)) is amended by inserting ``and except 
                for medically necessary vitamins described in section 
                1905(a)(30)'' before the period at the end.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State plan for 
                medical assistance under title XIX of the Social 
                Security Act which the Secretary of Health and Human 
                Services determines requires State legislation (other 
                than legislation appropriating funds) in order for the 
                plan to meet the additional requirements imposed by the 
                amendments made by this subsection, the State plan 
                shall not be regarded as failing to comply with the 
                requirements of such title solely on the basis of its 
                failure to meet this additional requirement before the 
                first day of the first calendar quarter beginning after 
                the close of the first regular session of the State 
                legislature that begins after the date of the enactment 
                of this Act. For purposes of the previous sentence, in 
                the case of a State that has a 2-year legislative 
                session, each year of such session shall be deemed to 
                be a separate regular session of the State legislature.
    (c) Coverage Under CHIP.--
            (1) In general.--Section 2103(c) of the Social Security Act 
        (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
        following:
            ``(9) Medically necessary food.--The child health 
        assistance provided to a targeted low-income child under the 
        plan shall include coverage of medically necessary food (as 
        defined in section 1861(jjj)) and the medical equipment and 
        supplies necessary to administer such food.
            ``(10) Certain vitamins.--The child health assistance 
        provided to a targeted low-income child under the plan shall 
        include coverage of medically necessary vitamins used for the 
        management of a covered disease or condition (as defined in 
        section 1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation.''.
            (2) Conforming amendment.--Section 2103(a) of the Social 
        Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter 
        preceding paragraph (1), by striking ``and (7)'' and inserting 
        ``(7), (9), and (10)''.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State child 
                health plan for child health assistance under title XXI 
                of the Social Security Act which the Secretary of 
                Health and Human Services determines requires State 
                legislation (other than legislation appropriating 
                funds) in order for the plan to meet the additional 
                requirements imposed by the amendments made by this 
                subsection, the State child health plan shall not be 
                regarded as failing to comply with the requirements of 
                such title solely on the basis of its failure to meet 
                this additional requirement before the first day of the 
                first calendar quarter beginning after the close of the 
                first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.
    (d) Modification of Diseases and Conditions Covered Under TRICARE 
Program.--Section 1077(h)(3) of title 10, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following:
            ``(E) Immunoglobulin E or non-Immunoglobulin E mediated 
        allergies to food proteins.''.
    (e) Coverage Under FEHBP.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(p) A contract for a plan under this chapter shall require the 
carrier to provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to contract years beginning on or 
        after the date that is 1 year after the date of enactment of 
        this Act.
    (f) Coverage Under Private Health Insurance.--
            (1) In general.--Subpart II of part A of title XXVII of the 
        Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
        amended by adding at the end the following:

``SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

    ``A health insurance issuer offering group or individual health 
insurance coverage shall provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to plan years beginning on or after the date that 
        is 1 year after the date of the enactment of this Act.
Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,&nbsp;of foods and vitamins that are medically necessary for the management of&nbsp;certain digestive and metabolic disorders&nbsp;and conditions. 

SECTION 1. CAREERS TO CLASSROOMS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part F;
            (2) by redesignating sections 2401 and 2402 as sections 
        2601 and 2602, respectively; and
            (3) by adding at the end the following:

                    ``PART G--CAREERS TO CLASSROOMS

``SEC. 2401. CAREERS TO CLASSROOMS.

    ``(a) Definitions.--In this section:
            ``(1) Alternative certification program.--The term 
        `alternative certification program' means a State-approved 
        program that--
                    ``(A) provides the education and training necessary 
                to enable an individual to be eligible for teacher 
                certification in the State within a reduced period of 
                time, compared to the time typically required to 
                receive such certification; and
                    ``(B) relies upon an individual's experience, 
                expertise, academic qualifications, or other factors in 
                lieu of traditional course work for eligibility to 
                receive a degree in the field of education.
            ``(2) Eligible individual.--The term `eligible individual' 
        means an individual--
                    ``(A) who has submitted an application described in 
                subsection (d) to be a certified teacher through a 
                State-approved alternative certification program in an 
                elementary school or secondary school;
                    ``(B) who has an associate, baccalaureate, or 
                advanced degree from an accredited institution of 
                higher education;
                    ``(C) who--
                            ``(i) has substantial, demonstrable career 
                        experience and competence in mathematics, 
                        natural science, computer science, engineering, 
                        foreign language or another field of expertise 
                        determined by the State to be a field for which 
                        there is a significant shortage of qualified 
                        teachers and teacher applicants in that State; 
                        or
                            ``(ii) within 5 years of the date on which 
                        the individual submits an application described 
                        in subparagraph (A)--
                                    ``(I) has received a baccalaureate 
                                or advanced degree from an accredited 
                                institution of higher education in a 
                                field of expertise described in clause 
                                (i); and
                                    ``(II)(aa) has graduated with at 
                                least a 3.0 grade point average (or 
                                equivalent average on a different 
                                scale) in the major or graduate program 
                                for which the individual obtained the 
                                degree;
                                    ``(bb) has graduated at least in 
                                the top 50 percent of the individual's 
                                undergraduate or graduate class;
                                    ``(cc) can demonstrate a high level 
                                of competence through a high level of 
                                academic performance in core academic 
                                coursework and through successful 
                                passage of academic subject tests 
                                required by the State under its 
                                alternative certification program; and
                                    ``(dd) meets any additional 
                                academic or other standards or 
                                qualifications established by the 
                                State;
                    ``(D) in the case of an individual receiving a 
                stipend under this section, who agrees to, in good 
                faith, seek employment and to consider offers of 
                employment in the individual's subject matter of 
                expertise in a high need elementary or secondary school 
                within that State; and
                    ``(E) who meets any additional teacher 
                certification or other requirements that may be 
                established by the State.
            ``(3) High need elementary or secondary school.--The term 
        `high need elementary or secondary school' means a school--
                    ``(A)(i) in which the percentage of students from 
                families below the Federal poverty level (as determined 
                by the Secretary) is 20 percent or more; and
                    ``(ii) that the State determines has experienced a 
                significant period in which teacher vacancies have 
                remained unfilled due to greater than normal difficulty 
                in recruiting or retaining qualified teachers;
                    ``(B) is within the top quartile of schools 
                statewide with regard to the number of unfilled, 
                available teacher positions; or
                    ``(C) is located in an area, other than a 
                metropolitan statistical area, that the State 
                determines has a high percentage of students from low-
                income families or is one that has experienced greater 
                than normal difficulty in recruiting or retaining 
                teachers.
    ``(b) Program Authorized.--The Secretary may award, on a 
competitive basis, grants to States to enable such States to carry out 
the following activities:
            ``(1) Teacher recruitment, education, training, referral, 
        placement, and retention activities to place eligible 
        individuals as certified teachers in public schools through 
        State-approved alternative certification programs.
            ``(2) To award stipends (in an amount not to exceed the 
        lesser of $5,000 per person or an amount equal to the total 
        costs of the types described in paragraphs (1), (2), (3), (8), 
        and (9) of section 472 of the Higher Education Act of 1965 
        incurred by the eligible individual in obtaining alternative 
        certification under this section) to eligible individuals who--
                    ``(A) are enrolled in a State authorized 
                alternative certification program; and
                    ``(B) agree to--
                            ``(i) seek certification through teacher 
                        certification programs in that State; and
                            ``(ii) teach in a high need school in that 
                        State;
        with a preference being given to individuals who are deemed 
        financially in need of such assistance by the State.
            ``(3) To provide grants, in a manner prescribed by the 
        State, in an amount not to exceed $5,000 per eligible 
        individual, per year, to high need elementary or secondary 
        schools to offset the teacher mentoring, alternative 
        certification, and other direct costs associated with accepting 
        eligible individuals under this section.
            ``(4) To develop, or to award grants to accredited 
        institutions of higher education for the development of, 
        alternative certification programs, with preference given to 
        programs tailored to eligible individuals under this section.
            ``(5) Other activities determined by the State to be 
        reasonably necessary to carry-out the purposes of this section.
    ``(c) Criteria for Awarding of Grants.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section a State shall--
                    ``(A) submit to the Secretary an application that 
                contains--
                            ``(i) a description of the manner in which 
                        the State will carry out activities under this 
                        section; and
                            ``(ii) a description of the alternative 
                        certification program of the State or a 
                        description of the manner in which the State is 
                        attempting to implement an alternative 
                        certification program;
                    ``(B) provide assurances to the Secretary that the 
                State will submit to the Secretary, at the end of the 
                grant period, a report on how the activities carried 
                out with funds made available under the grant were 
                utilized, including a description of--
                            ``(i) the manner in which the funds were 
                        used to increase the number of qualified 
                        teachers hired in the State;
                            ``(ii) the manner in which the funds 
                        improved teacher quality;
                            ``(iii) the number of teachers hired under 
                        the grant;
                            ``(iv) the professional experience and 
                        field of expertise of each teacher hired under 
                        the grant; and
                            ``(v) the manner in which the funds were 
                        used to meet other objectives of this section 
                        or other objectives of the State with regard to 
                        teacher hiring, quality, retention, and student 
                        performance;
                    ``(C) provide assurances that amounts received 
                under the grant will be used to supplement and not 
                supplant other Federal, State, and local funds expended 
                to provide services for individuals and entities 
                eligible to receive funds under this section; and
                    ``(D) provide assurances to the Secretary that 
                amounts received under the grants will be expended 
                within 3 years of the receipt of such funds and agree 
                to return unused funds to the Secretary.
            ``(2) Preference.--The Secretary shall give preference in 
        the awarding of grants under this section to States that have 
        developed, or that are developing, alternative certification 
        programs that--
                    ``(A) rapidly place quality certified teachers into 
                the classroom;
                    ``(B) emphasize subject matter content; and
                    ``(C) lead to the certification and placement of a 
                large number of teachers in relation to the number of 
                public elementary school and secondary school teachers 
                in the State.
            ``(3) Limitations.--A grant under this section may be made 
        for a period of up to 3 years, and may not exceed $10,000,000 
        per year.
            ``(4) Geographic diversity.--To the extent practicable, the 
        Secretary shall award grants under this section to support 
        programs in different geographic regions of the United States.
    ``(d) Application by Eligible Individuals.--To be eligible to 
participate as an eligible individual under this section, an individual 
shall submit an application to the State, or to an entity or individual 
designated by the State to receive such applications. Such application 
shall include--
            ``(1) a description of the academic, professional, and 
        other qualifications of the individual, including the academic 
        or professional subject matter expertise of the individual;
            ``(2) a description of the subject matter area, and, if 
        applicable, the grade level, in which the individual desires to 
        teach;
            ``(3)(A) a description of whether the individual is seeking 
        a stipend under this section (if offered by the State); and
            ``(B) if the individual is seeking such a stipend, a 
        description of the willingness of the individual to teach in a 
        high need elementary or secondary school for at least 2 years 
        under this section; and
            ``(4) any other information or documentation that may be 
        required by the State.
    ``(e) Stipends.--
            ``(1) Counted for eligibility purposes.--A stipend received 
        by an eligible individual under this section shall be taken 
        into account in determining the eligibility of the individual 
        for Federal student-based financial assistance.
            ``(2) Repayment.--The recipient of a stipend under this 
        section shall repay amounts received under such stipend to the 
        State from which the stipend was received if--
                    ``(A) the recipient fails to complete the 
                applicable alternative certification program;
                    ``(B) the recipient rejects a bona fide offer of 
                employment during the 1-year period beginning on the 
                date on which the individual completes the applicable 
                alternative certification program; or
                    ``(C) the recipient fails to teach for at least 2 
                years in a public elementary school or secondary school 
                within that State during the 5-year period beginning on 
                the date on which the individual completes the 
                applicable alternative certification program.
            ``(3) Additional procedures.--A State that receives a grant 
        under this section may establish additional procedures and 
        rules with respect to the reimbursement of the State of any 
        stipend funds under paragraph (2), and shall retain such 
        reimbursed funds to carry out activities under this section.
            ``(4) Exceptions.--Paragraphs (2) and (3) shall not apply 
        during the period of time in which an eligible individual is--
                    ``(A) pursuing a full-time course of study;
                    ``(B) serving on active duty as a member of the 
                Armed Forces;
                    ``(C) temporarily totally disabled for a period of 
                time not to exceed 3 years;
                    ``(D) not able to secure employment for a period of 
                not more than 12 months by reason of the care required 
                by a spouse who is disabled; or
                    ``(E) otherwise exempted from the requirements of 
                such paragraphs as may be provided by the Secretary.
    ``(f) Public Awareness.--The Secretary shall disseminate and 
otherwise make available information concerning the program under this 
section, including--
            ``(1) through the posting of a website on the Internet to 
        enable interested persons to easily find information and 
        application material for participation in activities under this 
        section, that contains a nationwide, publicly searchable data 
        bank of all State programs and all available public elementary 
        and secondary teaching positions the Secretary is able to 
        practicably ascertain, and a means by which individuals may 
        apply to, or inquire of, multiple States' alternative 
        certification programs under this section;
            ``(2) providing information to every State about the 
        program under this section, including the criteria for State 
        and individual eligibility; and
            ``(3) conducting other activities, either directly or 
        through contract with other appropriate entities, to broaden 
        awareness and participation in the program under this section.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
in fiscal year 2002, and such sums as may be necessary for each of 
fiscal years 2003 through 2007.''.
Careers to Classrooms Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Careers to Classrooms program. Authorizes the Secretary of Education to award competitive grants to States for: (1) teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs; (2) stipends for eligible individuals enrolled in programs who agree to seek certification through teacher certification programs in that State and teach in a high-need school in that State, with preference for those individuals needing such assistance; (3) grants to high-need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this Act; (4) grants to accredited institutions of higher education to develop alternative certification programs, with preference given to programs tailored to eligible individuals; and (5) other activities determined by the State to be reasonably necessary to carry out the purposes of this Act. Requires preference for such grants to be given to States that have developed, or are developing, alternative certification programs that: (1) rapidly place quality certified teachers into the classroom; (2) emphasize subject matter content; and (3) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insurance Protection for Victims of 
Domestic Violence Act of 1996''.

SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO 
              VICTIMS OF DOMESTIC VIOLENCE.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

  ``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH 
                RESPECT TO VICTIMS OF DOMESTIC VIOLENCE

``SEC. 2701. LIMITATIONS ON UNDERWRITING.

    ``An insurer may not deny or cancel health insurance, or vary the 
terms and conditions of health insurance--
            ``(1) to an individual on the basis that the individual or 
        family member--
                    ``(A) is, has been, or may be the subject of an act 
                of domestic violence;
                    ``(B) has had prior injuries that resulted from an 
                act of domestic violence;
                    ``(C) seeks, has sought, or should have sought 
                medical or psychological treatment for protection 
                against an act of domestic violence; or
                    ``(D) seeks, has sought, or should have sought 
                shelter from an act of domestic violence; or
            ``(2) to or for a group or employer on the basis that the 
        group includes or the employer employs, or provides or 
        subsidizes insurance for, an individual described in paragraph 
        (1).

``SEC. 2702. LIMITATION ON DISCLOSURE OF INFORMATION.

    ``(a) Prohibition.--Except as provided in paragraph (2), regardless 
of the manner in which information was received, an insurer may not 
disclose or be compelled (by subpoena or any other means) to disclose 
information concerning the status of an individual as a victim of 
domestic violence (including the relationship of a medical condition to 
an incident or pattern of domestic violence), or the status of an 
individual as a family member, employer, associate, or person in a 
relationship with an individual who is the victim of domestic violence, 
unless the individual involved provides a written authorization.
    ``(b) Exception.--Notwithstanding paragraph (1), information 
concerning the abuse status of an individual may be disclosed if such 
disclosure--
            ``(1) is required under the specific order of a Federal or 
        State court; or
            ``(2) is required by the State Insurance Commissioner.

``SEC. 2703. ESTABLISHMENT OF STANDARDS.

    ``(a) Role of National Association of Insurance Commissioners.--
            ``(1) In general.--The Secretary shall request the National 
        Association of Insurance Commissioners to develop, in 
        consultation with nonprofit domestic violence victim advocacy 
        organizations, within 9 months after the date of the enactment 
        of this title, model standards that incorporate the limitations 
        on underwriting set forth in section 2701, and provide 
        procedures for enforcement for such provisions, including a 
        private right of action.
            ``(2) Review of standards.--If the Association develops 
        recommended regulations specifying the standards within the 
        period, the Secretary shall review the standards. The review 
        shall be completed within 90 days after the date the 
        regulations are developed. Unless the Secretary determines 
        within the period that such standards do not meet the 
        requirements, such standards shall serve as the standards under 
        this title, with such amendments as the Secretary determines to 
        be necessary.
    ``(b) Contingency.--If the Association does not develop the model 
regulations within the 9 month period beginning on the date of the 
enactment of this title, or the Secretary determines that the 
regulations do not specify standards that meet the requirements 
described in subsection (a), the Secretary shall specify, within 15 
months after the date of the enactment of this title, standards to 
carry out the requirements.
    ``(c) Application of Standards.--
            ``(1) In general.--Each State shall submit to the 
        Secretary, by the deadline specified in paragraph (2), a report 
        on actions the State is taking to implement and enforce the 
        standards established under this section with respect to 
        insurers and health insurance coverage offered or renewed not 
        later than such deadline.
            ``(2) Deadline for report.--Each State shall file the 
        report described in paragraph (1) not later than 1 year after 
        the date that standards are established under subsection (a) 
        or, in the event of the failure of the Association to develop 
        timely model regulations, under subsection (b).
    ``(d) Federal Role.--
            ``(1) Notice of deficiency.--If the Secretary determines 
        that a State has failed to submit a report by the deadline 
        specified by subsection (c), or finds that the State has not 
        implemented and provided adequate enforcement of the standards 
        established under subsection (a) or (b), the Secretary shall 
        notify the State and provide the State a period of 60 days in 
        which to submit the report.
            ``(2) Implementation of alternative enforcement 
        mechanism.--
                    ``(A) In general.--If, after the 60-day period, the 
                Secretary finds that such a failure has not been 
                corrected, the Secretary shall within 30 days provide 
                for a mechanism for the implementation and enforcement 
                of such standards in the State as the Secretary 
                determines to be appropriate.
                    ``(B) Civil penalty.--Under any implementation and 
                enforcement mechanism established by the Secretary 
                pursuant to this paragraph, the Secretary shall have 
                the authority to impose on an insurer a civil monetary 
                penalty in the amount of $10,000 for each day during 
                which such insurer violates the requirements described 
                in section 2701, or the standards developed under this 
                section. Liability for such penalty shall begin to 
                accrue on the 30th day after the Secretary has provided 
                such insurer with notice of its noncompliance, if the 
                insurer has failed to correct the deficiency by such 
                date.
                    ``(C) Effective period.--Any such implementation 
                and enforcement mechanism established by the Secretary 
                shall take effect with respect to insurers, and health 
                insurance coverage offered or renewed, on or after 3 
                months after the date of the Secretary's finding under 
                paragraph (1), and until the date the Secretary finds 
                that such a failure has been corrected.
            ``(3) Federal civil right of action.--
                            ``(A) In general.--Any individual aggrieved 
                        as a result of conduct prohibited by section 
                        2701 may bring a civil action in the 
                        appropriate United States district court 
                        against the insurer.
                            ``(B) Relief.--Upon proof of such conduct 
                        by a preponderance of the evidence, the insurer 
                        shall be subject to a civil penalty that may 
                        include temporary, preliminary, or permanent 
                        injunctive relief and compensatory and punitive 
                        damages, as well as the costs of suit and 
                        reasonable fees for the aggrieved individual's 
                        attorneys. With respect to compensatory 
                        damages, the aggrieved individual may elect, at 
                        any time prior to the rendering of final 
                        judgment, to recover in lieu of actual damages, 
                        an award of statutory damages in the amount of 
                        $5,000 for each violation.

``SEC. 2704. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT.

    ``(a) Application.--Subject to subsection (b), the prohibitions in 
section 2701 and the standards developed under section 2702 shall apply 
to group health plans providing health coverage in the same manner as 
they apply to insurers providing health insurance coverage. The penalty 
described in section 2702(d)(2)(B) may be imposed by the Secretary of 
Labor on group health plans that are not in compliance with the 
requirements of sections 2701 and 2702.
    ``(b) Substitution of Federal Officials.--For purposes of 
subsection (a), any reference in section 2702 to--
            ``(1) a State or the Secretary of Health and Human Services 
        is deemed to be a reference to the Secretary of Labor; and
            ``(2) an insurer or health insurance coverage is deemed to 
        be a reference to a group health plan and health coverage, 
        respectively.
    ``(c) Enforcement.--For purposes of part 5 of subtitle B of title I 
of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131 
et seq.) the provisions of this title insofar as they relate to group 
health plans shall be deemed to be provisions of title I of such Act 
irrespective of exclusions under section 4(b) of such Act.
    ``(d) Regulatory Authority.--With respect to the regulatory 
authority of the Secretary of Labor under this title pursuant to 
subsection (c), section 505 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1135) shall apply.

``SEC. 2705. DEFINITIONS.

    ``For purposes of this title:
            ``(1) Act of domestic violence.--The term `act of domestic 
        violence' means the occurrence of one or more of the following 
        acts between family or household members, current or former 
        sexual or intimate partners, or persons sharing biological 
        parenthood--
                    ``(A) attempting to cause or intentionally, 
                knowingly, or recklessly causing bodily injury, rape, 
                or sexual abuse as such term is defined in section 2242 
                of title 18, United States Code;
                    ``(B) placing, by physical menace, another 
                individual in reasonable fear of imminent serious 
                bodily injury;
                    ``(C) infliction of false imprisonment; or
                    ``(D) physically or sexually abusing minor 
                children.
            ``(2) Association.--The term `Association' means the 
        National Association of Insurance Commissioners.
            ``(3) Insurer.--
                    ``(A) In general.--The term `insurer' means a 
                health benefit plan or a health care provider that 
                conducts activities related to the protection of public 
                health.
                    ``(B) Health benefit plan.--The term `health 
                benefit plan' means any public or private entity or 
                program that provides for payments for health care, 
                including--
                            ``(i) a group health plan (as defined in 
                        section 607 of the Employee Retirement Income 
                        Security Act of 1974 (29 U.S.C. 1167)) or a 
                        multiple employer welfare arrangement (as 
                        defined in section 3(40) of such Act) that 
                        provides health benefits; and
                            ``(ii) any other health insurance 
                        arrangement, including any arrangement 
                        consisting of a hospital or medical expense 
                        incurred policy or certificate, hospital or 
                        medical service plan contract, or health 
                        maintenance organization subscriber contract.
                    ``(C) Health care provider.--The term `health care 
                provider' means a provider of services (as defined in 
                section 1861(u) of the Social Security Act (42 U.S.C. 
                1395u)), a physician, a supplier, or any other person 
                furnishing health care, including a Federal or State 
                program that provides directly for the provision of 
                health care to beneficiaries.''.

Insurance Protection for Victims of Domestic Violence Act of 1996 - Amends the Public Health Service Act to create a new title prohibiting health insurers from:  (1) discriminating against an individual or group because the individual or a family member is the subject of domestic violence; or (2) disclosing or being compelled (subject to exception) to disclose information concerning the status of an individual as a victim of domestic violence. 
Mandates development of model standards.  Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action. 
Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974.