Prenatally and Postnatally Diagnosed Conditions Awareness Act
PL 110-374 (S.1810), enacted 10/08/2008

122 STAT. 4051 
PUBLIC LAW 110–374—OCT. 8, 2008 
Public Law 110–374 
110th Congress 
An Act 
To amend the Public Health Service Act to increase the provision of scientifically 
sound information and support services to patients receiving a positive test diag-
nosis for Down syndrome or other prenatally and postnatally diagnosed conditions. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prenatally and Postnatally 
Diagnosed Conditions Awareness Act’’. 
SEC. 2. PURPOSES. 
It is the purpose of this Act to— 
(1) increase patient referrals to providers of key support 
services for women who have received a positive diagnosis 
for Down syndrome, or other prenatally or postnatally 
diagnosed conditions, as well as to provide up-to-date informa-
tion on the range of outcomes for individuals living with the 
diagnosed condition, including physical, developmental, edu-
cational, and psychosocial outcomes; 
(2) strengthen existing networks of support through the 
Centers for Disease Control and Prevention, the Health 
Resources and Services Administration, and other patient and 
provider outreach programs; and 
(3) ensure that patients receive up-to-date, evidence-based 
information about the accuracy of the test. 
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. 
Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following: 
‘‘SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE DIAG-
NOSIS OF DOWN SYNDROME OR OTHER PRENATALLY OR 
POSTNATALLY DIAGNOSED CONDITIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DOWN SYNDROME.—The term ‘Down syndrome’ refers 
to a chromosomal disorder caused by an error in cell division 
that results in the presence of an extra whole or partial copy 
of chromosome 21. 
‘‘(2) HEALTH CARE PROVIDER.—The term ‘health care pro-
vider’ means any person or entity required by State or Federal 
law or regulation to be licensed, registered, or certified to 
provide health care services, and who is so licensed, registered, 
or certified. 
42 USC 280g–8. 
42 USC 280g–8 
note. 
42 USC 201 note. 
Prenatally and 
Postnatally 
Diagnosed 
Conditions 
Awareness Act. 
Oct. 8, 2008 
[S. 1810] 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01137
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4052 
PUBLIC LAW 110–374—OCT. 8, 2008 
‘‘(3) 
POSTNATALLY
DIAGNOSED
CONDITION.—The 
term 
‘postnatally diagnosed condition’ means any health condition 
identified during the 12-month period beginning at birth. 
‘‘(4) PRENATALLY DIAGNOSED CONDITION.—The term ‘pre-
natally diagnosed condition’ means any fetal health condition 
identified by prenatal genetic testing or prenatal screening 
procedures. 
‘‘(5) PRENATAL TEST.—The term ‘prenatal test’ means diag-
nostic or screening tests offered to pregnant women seeking 
routine prenatal care that are administered on a required or 
recommended basis by a health care provider based on medical 
history, family background, ethnic background, previous test 
results, or other risk factors. 
‘‘(b) INFORMATION AND SUPPORT SERVICES.— 
‘‘(1) IN
GENERAL.—The Secretary, acting through the 
Director of the National Institutes of Health, the Director of 
the Centers for Disease Control and Prevention, or the Adminis-
trator of the Health Resources and Services Administration, 
may authorize and oversee certain activities, including the 
awarding of grants, contracts or cooperative agreements to 
eligible entities, to— 
‘‘(A) collect, synthesize, and disseminate current evi-
dence-based information relating to Down syndrome or 
other prenatally or postnatally diagnosed conditions; and 
‘‘(B) coordinate the provision of, and access to, new 
or existing supportive services for patients receiving a posi-
tive diagnosis for Down syndrome or other prenatally or 
postnatally diagnosed conditions, including— 
‘‘(i) the establishment of a resource telephone hot-
line accessible to patients receiving a positive test 
result or to the parents of newly diagnosed infants 
with Down syndrome and other diagnosed conditions; 
‘‘(ii) the expansion and further development of the 
National Dissemination Center for Children with 
Disabilities, so that such Center can more effectively 
conduct outreach to new and expecting parents and 
provide them with up-to-date information on the range 
of outcomes for individuals living with the diagnosed 
condition, including physical, developmental, edu-
cational, and psychosocial outcomes; 
‘‘(iii) the expansion and further development of 
national and local peer-support programs, so that such 
programs can more effectively serve women who 
receive a positive diagnosis for Down syndrome or other 
prenatal conditions or parents of infants with a 
postnatally diagnosed condition; 
‘‘(iv) the establishment of a national registry, or 
network of local registries, of families willing to adopt 
newborns with Down syndrome or other prenatally 
or postnatally diagnosed conditions, and links to adop-
tion agencies willing to place babies with Down syn-
drome or other prenatally or postnatally diagnosed 
conditions, with families willing to adopt; and 
‘‘(v) the establishment of awareness and education 
programs for health care providers who provide, inter-
pret, or inform parents of the results of prenatal tests 
for Down syndrome or other prenatally or postnatally 
Adoption. 
Telephone 
hotline. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01138
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4053 
PUBLIC LAW 110–374—OCT. 8, 2008 
diagnosed conditions, to patients, consistent with the 
purpose described in section 2(b)(1) of the Prenatally 
and Postnatally Diagnosed Conditions Awareness Act. 
‘‘(2) ELIGIBLE ENTITY.—In this subsection, the term ‘eligible 
entity’ means— 
‘‘(A) a State or a political subdivision of a State; 
‘‘(B) a consortium of 2 or more States or political sub-
divisions of States; 
‘‘(C) a territory; 
‘‘(D) a health facility or program operated by or pursu-
ant to a contract with or grant from the Indian Health 
Service; or 
‘‘(E) any other entity with appropriate expertise in 
prenatally and postnatally diagnosed conditions (including 
nationally recognized disability groups), as determined by 
the Secretary. 
‘‘(3) DISTRIBUTION.—In distributing funds under this sub-
section, the Secretary shall place an emphasis on funding part-
nerships between health care professional groups and disability 
advocacy organizations. 
‘‘(c) PROVISION OF INFORMATION TO PROVIDERS.— 
‘‘(1) IN GENERAL.—A grantee under this section shall make 
available to health care providers of parents who receive a 
prenatal or postnatal diagnosis the following: 
‘‘(A) Up-to-date, evidence-based, written information 
concerning the range of outcomes for individuals living 
with the diagnosed condition, including physical, develop-
mental, educational, and psychosocial outcomes. 
‘‘(B) Contact information regarding support services, 
including information hotlines specific to Down syndrome 
or other prenatally or postnatally diagnosed conditions, 
resource centers or clearinghouses, national and local peer 
support groups, and other education and support programs 
as described in subsection (b)(2). 
‘‘(2) INFORMATIONAL REQUIREMENTS.—Information provided 
under this subsection shall be— 
‘‘(A) culturally and linguistically appropriate as needed 
by women receiving a positive prenatal diagnosis or the 
family of infants receiving a postnatal diagnosis; and 
‘‘(B) approved by the Secretary. 
‘‘(d) REPORT.—Not later than 2 years after the date of enact-
ment of this section, the Government Accountability Office shall 
submit a report to Congress concerning the effectiveness of current 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01139
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4054 
PUBLIC LAW 110–374—OCT. 8, 2008 
LEGISLATIVE HISTORY—S. 1810: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 23, considered and passed Senate. 
Sept. 25, considered and passed House. 
healthcare and family support programs serving as resources for 
the families of children with disabilities.’’. 
Approved October 8, 2008. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01140
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW