HR 4053 IHCommentsClose CommentsPermalink

To establish the Office of Childhood Overweight and Obesity Prevention and Treatment within the Office of Public Health and Science of the Department of Health and Human Services, and for other purposes.CommentsClose CommentsPermalink

November 6, 2009CommentsClose CommentsPermalink

Mr. MORAN of Virginia (for himself and Mr. PASCRELL) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To establish the Office of Childhood Overweight and Obesity Prevention and Treatment within the Office of Public Health and Science of the Department of Health and Human Services, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Healthy Kids Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) Over the past 3 decades, the rate of obesity has more than doubled for children aged 2 to 11 years and more than tripled for adolescents aged 12 to 19 years according to the Centers for Disease Control and Prevention.CommentsClose CommentsPermalink





(2) Current data from the Centers for Disease Control and Prevention shows that 32 percent of children are overweight, 16 percent are obese, and 11 percent are extremely obese.CommentsClose CommentsPermalink





(3) In low-income populations, some racial and ethnic groups, and among recent immigrants, the rates of obesity among children and youth are alarmingly high.CommentsClose CommentsPermalink





(4) Overweight and obese children are at much greater risk of developing diabetes, heart disease, high blood pressure, asthma, and other diseases than their non-obese peers, and many are subjected to ridicule and bullying that damages their emotional well-being.CommentsClose CommentsPermalink





(5) Overweight and obese children are at risk of growing into adults who do not participate fully in the workforce because of employment discrimination, lost productivity due to illness and disability, and premature death.CommentsClose CommentsPermalink





(6) In 2008, national health care expenditures associated with adult overweight and obesity exceeded $100,000,000,000.CommentsClose CommentsPermalink





(7) Many factors contribute to the childhood obesity epidemic, including eating patterns, family dynamics, economic situations, levels of physical activity, and the influence of media messages.CommentsClose CommentsPermalink





(8) Research shows that current food and beverage marketing practices influence children and youth to make choices that are not in keeping with healthful diets, and agreement on effective voluntary industry standards has not been reached.CommentsClose CommentsPermalink





(9) Family plays an important role in society and is widely recognized as important in shaping and establishing children’s attitudes and behaviors about nutrition.CommentsClose CommentsPermalink





(10) Family and consumer sciences education programs can address nutrition, fitness, and positive lifestyle choices as an integral part of the curriculum. Positive health attitudes and habits are the foundation for successful management of daily living and therefore prepare young people to manage the multiple roles of family member, wage earner, and community leader.CommentsClose CommentsPermalink





(11) Existing State immunization and health registries present a unique opportunity to create State and national childhood body mass index surveillance systems. Because all 50 States currently maintain childhood immunization tracking systems, using such systems to track childhood obesity data is an effective, efficient basis for building a national childhood obesity surveillance system.CommentsClose CommentsPermalink





(12) Health screenings under the Medicaid and SCHIP programs are important tools for preventing overweight and obesity, and follow-up counseling and treatment must be available to children suffering from or at risk for these conditions.CommentsClose CommentsPermalink





(13) Childhood obesity is a public health crisis that will not be solved without the full support of the Government.CommentsClose CommentsPermalink





(14) To address this crisis, it is necessary to coordinate the budgets, policies, programs, and research efforts of Federal agencies and to establish effective interdepartmental collaboration and priorities for action, paying particular attention to the unique needs of diverse groups and high-risk populations.CommentsClose CommentsPermalink

SEC. 3. FTC REVIEW OF ADVERTISING AND MARKETING OF UNHEALTHY FOODS AND BEVERAGES.

(a) Determination- Not later than 3 years after the issuance of guidelines by the Office of Childhood Overweight and Obesity Prevention and Treatment described in section 1711(b)(7) of the Public Health Service Act, the Federal Trade Commission shall--CommentsClose CommentsPermalink





(1) promulgate rules that define advertising, promoting, and marketing directed at children and youth including--CommentsClose CommentsPermalink





(A) the age of the intended audience; andCommentsClose CommentsPermalink





(B) the medium used to convey such advertising, promoting, or marketing; andCommentsClose CommentsPermalink





(2) promulgate rules under section 553 of title 5, United States Code, consistent with the guidelines issued by the Office of Childhood Overweight and Obesity Prevention and Treatment described in section 1711(b)(7) of the Public Health Service Act, specifying categories of foods and beverages for or about which any advertisement, promotion, or marketing directed at children and youth shall be an abusive, unfair, or deceptive act or practice in or affecting commerce.CommentsClose CommentsPermalink





(b) Violation- A violation of a rule promulgated under subsection (a)(2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section.CommentsClose CommentsPermalink





(c) Repeal- Section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)) is repealed.CommentsClose CommentsPermalink





(d) Conforming Amendments- Subsections (i) and (j) of section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) are redesignated as subsections (h) and (i), respectively.CommentsClose CommentsPermalink

SEC. 4. FCC LIMITS ON ADVERTISING UNHEALTHY FOODS AND BEVERAGES DURING CHILDREN’S PROGRAMMING.

Section 102 of the Children’s Television Act of 1990 (47 U.S.C. 303a) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) Limitation on Advertising Foods and Beverages of Low Nutritional Value to Children-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 30 days after the issuance of guidelines by the Office of Childhood Overweight and Obesity Prevention and Treatment as required by section 1711(b)(7) of the Public Health Service Act, the Commission shall initiate a proceeding to revise its regulations with respect to commercial matter in children’s television programming for the purpose of limiting the amount of time devoted to advertising foods and beverages of low nutritional value.CommentsClose CommentsPermalink





‘(2) RULE CONTENTS- In carrying out the proceeding under paragraph (1), the Commission shall, at a minimum--CommentsClose CommentsPermalink





‘(A) prohibit the showing of any advertisements during or adjacent to children’s television programming for foods or beverages classified as Tier 3 under guidelines issued under such section;CommentsClose CommentsPermalink





‘(B) limit the amount of time devoted to advertisements during or adjacent to children’s television programming for foods or beverages classified as Tier 2 under such guidelines to 2 minutes per hour on weekends and 3 minutes per hour on weekdays; andCommentsClose CommentsPermalink





‘(C) apply such prohibitions and limitations to commercial television broadcast licensees and to direct broadcast satellite (DBS) providers, as defined in section 25.701(a) of the Commission’s rules (47 CFR 25.701(a)).CommentsClose CommentsPermalink





‘(3) DEADLINE- The Commission shall take all actions necessary to complete the proceeding required under paragraph (1) within 120 days after the initiation of such proceeding.’.CommentsClose CommentsPermalink

SEC. 5. OFFICE OF CHILDHOOD OVERWEIGHT AND OBESITY PREVENTION AND TREATMENT.

Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 1711. OFFICE OF CHILDHOOD OVERWEIGHT AND OBESITY PREVENTION AND TREATMENT.

‘(a) Establishment- There is established within the Office of Public Health and Science of the Department of Health and Human Services an office to be known as the Office of Childhood Overweight and Obesity Prevention and Treatment (in this section referred to as the ‘Office’), which shall be headed by a director appointed by the Secretary (in this section referred to as the ‘Director’).CommentsClose CommentsPermalink





‘(b) Duties- The Secretary, acting through the Director, shall carry out the following:CommentsClose CommentsPermalink





‘(1) Evaluate the policies, programs, and actions of each Federal agency to identify--CommentsClose CommentsPermalink





‘(A) existing evidence-based policies, programs, and actions that are effective in preventing childhood obesity; andCommentsClose CommentsPermalink





‘(B) opportunities for each Federal agency to develop new age- and developmentally-appropriate evidence-based policies, programs, and actions to prevent childhood obesity.CommentsClose CommentsPermalink





‘(2) Expand Federal data collection and surveillance systems to monitor--CommentsClose CommentsPermalink





‘(A) the prevalence of childhood obesity and co-morbidities;CommentsClose CommentsPermalink





‘(B) dietary behaviors, physical activity levels, and sedentary behaviors of children and youth; andCommentsClose CommentsPermalink





‘(C) the effectiveness of existing public and private sector policies, programs, and actions in preventing childhood obesity, including local wellness policies under section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note).CommentsClose CommentsPermalink





‘(3) Implement Federal support measures, including grants, to increase the capacity of State, tribal, and territorial health departments to--CommentsClose CommentsPermalink





‘(A) provide leadership and technical assistance in preventing and treating childhood obesity;CommentsClose CommentsPermalink





‘(B) enhance surveillance efforts, including support for the development of health registries, immunization information systems, or other child health information systems that may be used to monitor local rates of childhood obesity and co-morbidities; andCommentsClose CommentsPermalink





‘(C) implement obesity prevention and treatment programs and evaluate such programs to establish best practices.CommentsClose CommentsPermalink





‘(4) Implement a coordinated, comprehensive, long-term, and national multimedia public education campaign focused on preventing childhood obesity and evaluate the effectiveness of such public education campaign.CommentsClose CommentsPermalink





‘(5) Promote the adoption of and describe and evaluate barriers to the implementation of Federal standards and guidelines for age-appropriate nutrition and wellness practices and physical activity programs for all students.CommentsClose CommentsPermalink





‘(6) Evaluate the effectiveness of Federal agricultural policies (including agricultural subsidies, commodity programs, and programs to promote farmers markets and community food projects in areas with limited access to affordable and nutritious food) at making a diet consistent with the Dietary Guidelines for Americans published jointly by the Department of Health and Human Services and the Department of Agriculture affordable and available to Americans at all economic levels.CommentsClose CommentsPermalink





‘(7) Within 2 years after the date of the enactment of this section, for purposes of encouraging healthful eating patterns in children and adolescents and improving children’s and adolescents’ understanding of their nutritional needs--CommentsClose CommentsPermalink





‘(A) in consultation with the Secretary of Agriculture, and with reference to recommendations by the Institute of Medicine of the National Academies, identify the following categories of foods and beverages--CommentsClose CommentsPermalink





‘(i) Tier 1 foods and beverages, which are healthful for children and adolescents and the consumption of which is encouraged;CommentsClose CommentsPermalink





‘(ii) Tier 2 foods and beverages, which do not exceed levels of total, saturated, and trans fat, sugars, and sodium that are acceptable in a healthful diet for children and adolescents; andCommentsClose CommentsPermalink





‘(iii) Tier 3 foods and beverages, which do not contribute to a healthful diet for children and adolescents and the consumption of which is discouraged; andCommentsClose CommentsPermalink





‘(B) in consultation with the Chairman of the Federal Trade Commission and the Chairman of the Federal Communications Commission, for each category of foods and beverages described in subparagraph (A), develop and publish guidelines applicable to the marketing, advertising, or promoting of such foods and beverages to children and adolescents that support the purposes of this paragraph, taking into account--CommentsClose CommentsPermalink





‘(i) the emotional vulnerability of children and adolescents and their cognitive ability to distinguish between commercial and non-commercial content; andCommentsClose CommentsPermalink





‘(ii) society’s interest in protecting the health and well-being of its children and the long-term health and well-being of its population.CommentsClose CommentsPermalink





‘(8) In consultation with the National Institutes of Health, evaluate existing research and identify and initiate further research as necessary in pediatric obesity prevention by examining--CommentsClose CommentsPermalink





‘(A) factors involved in changing dietary behaviors, physical activity levels, and sedentary behaviors, including factors to motivate changes in behavior;CommentsClose CommentsPermalink





‘(B) factors that influence nutrition and wellness practices across an individual’s life span;CommentsClose CommentsPermalink





‘(C) strategies to reinforce and sustain improved behavior;CommentsClose CommentsPermalink





‘(D) barriers to behavioral change;CommentsClose CommentsPermalink





‘(E) specific ethnic and cultural influences on behavioral change;CommentsClose CommentsPermalink





‘(F) policy, environmental, social, clinical, and behavioral interventions that focus on--CommentsClose CommentsPermalink





‘(i) reducing and preventing an increase in obesity prevalence;CommentsClose CommentsPermalink





‘(ii) improving dietary behaviors;CommentsClose CommentsPermalink





‘(iii) increasing the accessibility of healthy, affordable foods in communities;CommentsClose CommentsPermalink





‘(iv) increasing physical activity levels, including an assessment of the impact of changes to the built environment (the man-made physical structures and infrastructure of communities) on the levels of physical activity in communities and populations; andCommentsClose CommentsPermalink





‘(v) reducing sedentary behaviors;CommentsClose CommentsPermalink





‘(G) the feasibility, efficacy, effectiveness, and sustainability of intervention approaches;CommentsClose CommentsPermalink





‘(H) the ways in which the marketing of foods, beverages, and sedentary entertainment influence the attitudes and behaviors of children and youth;CommentsClose CommentsPermalink





‘(I) whether taxation and pricing strategies can be used to promote improved dietary behaviors, more physical activity, or reduced sedentary behaviors; andCommentsClose CommentsPermalink





‘(J) the effect of exposure to endocrine-disrupting chemicals, including exposure in utero, on the initiation or exacerbation of obesity.CommentsClose CommentsPermalink





‘(9) Make available to local educational agencies, school food authorities, and State educational agencies information and technical assistance for use as described in section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note), as amended by section 6 of the Healthy Kids Act.CommentsClose CommentsPermalink





‘(10) Subject to the availability of appropriations provided for such purpose, establish and carry out the grant program under subsection (c).CommentsClose CommentsPermalink





‘(c) Grant Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, acting through the Director, may establish and carry out a matching grant program to make grants to eligible entities to--CommentsClose CommentsPermalink





‘(A) assist the Office--CommentsClose CommentsPermalink





‘(i) in gathering data regarding childhood obesity; andCommentsClose CommentsPermalink





‘(ii) in implementing a coordinated, comprehensive, long-term, and national multimedia public education campaign focused on preventing childhood obesity; andCommentsClose CommentsPermalink





‘(iii) in evaluating the effectiveness of such public education campaign; andCommentsClose CommentsPermalink





‘(B) carry out demonstration programs to reduce the incidence of childhood obesity.CommentsClose CommentsPermalink





‘(2) ELIGIBLE ENTITIES- For purposes of this subsection, an ‘eligible entity’ means a--CommentsClose CommentsPermalink





‘(A) State;CommentsClose CommentsPermalink





‘(B) unit of general local government;CommentsClose CommentsPermalink





‘(C) nonprofit organization with demonstrated experience and focus in childhood obesity issues, as determined by the Director;CommentsClose CommentsPermalink





‘(D) a partnership between any combination of subparagraphs (A) through (C).CommentsClose CommentsPermalink





‘(3) MATCHING REQUIREMENT- An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, an amount equal to 25 percent of such grant award to carry out the activities under this subsection. Such non-Federal share may be provided in the form of in-kind contributions of services or materials.CommentsClose CommentsPermalink





‘(4) REPORTS-CommentsClose CommentsPermalink





‘(A) REPORTS TO THE DIRECTOR- Not later than 1 year after receipt of funds from a grant awarded under this subsection, and for each fiscal year an entity receives such funding thereafter, such entity shall submit to the Director a report on its use of grant funds received and such other information as the Director may require.CommentsClose CommentsPermalink





‘(B) REPORTS TO CONGRESS- Not later than 2 years after the first disbursement of funds for a grant awarded under this subsection, and annually thereafter, the Secretary, acting through the Director, shall submit to Congress a report on the status of the grant program under this subsection.CommentsClose CommentsPermalink





‘(5) LIMITATION ON FUNDS- Of the amounts provided through a grant under this subsection, an eligible entity may use not more than 10 percent for administrative expenses.CommentsClose CommentsPermalink





‘(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out the grant program under this subsection $15,000,000 for each of fiscal years 2011 to 2015.CommentsClose CommentsPermalink





‘(d) Existing Programs- The Secretary, acting through the Director, shall carry out the duties under subsection (b) in a manner that enhances existing programs that the Secretary determines are effective.CommentsClose CommentsPermalink





‘(e) Consultation- In order to carry out the duties of the Office, the Secretary, acting through the Director, shall consult with--CommentsClose CommentsPermalink





‘(1) experts from the public sector, including--CommentsClose CommentsPermalink





‘(A) the Director of the Centers for Disease Control and Prevention;CommentsClose CommentsPermalink





‘(B) the Secretary of Agriculture;CommentsClose CommentsPermalink





‘(C) the Secretary of Education;CommentsClose CommentsPermalink





‘(D) the Secretary of Defense;CommentsClose CommentsPermalink





‘(E) the Secretary of Interior;CommentsClose CommentsPermalink





‘(F) the Secretary of Transportation;CommentsClose CommentsPermalink





‘(G) the Secretary of Housing and Urban Development;CommentsClose CommentsPermalink





‘(H) the Chairman of the Federal Communications Commission; andCommentsClose CommentsPermalink





‘(I) the Chairman of the Federal Trade Commission; andCommentsClose CommentsPermalink





‘(2) experts from the private sector, including experts in pediatrics, public health, psychology, nutrition, sports medicine, or related fields, such as family and consumer services education.CommentsClose CommentsPermalink





‘(f) Annual Report- Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary, acting through the Director, shall submit to Congress a report on the activities of the Office carried out under this section and any findings, conclusions, and recommendations based on such activities.CommentsClose CommentsPermalink





‘(g) Considerations- In carrying out this section, the Secretary, acting through the Director, shall consider the unique needs of racially and ethnically diverse groups and high-risk populations, including low-income populations and communities.’.CommentsClose CommentsPermalink

SEC. 6. LOCAL WELLNESS POLICY.

Subsection (b) of section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘and the Office of Childhood Overweight and Obesity Prevention and Treatment’ after ‘the Centers for Disease Control and Prevention’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; andCommentsClose CommentsPermalink





(B) by adding after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink





‘(B) support schools and local educational agencies in--CommentsClose CommentsPermalink





‘(i) communicating with parents on how nutrition, wellness, and physical activity affect the health of their child;CommentsClose CommentsPermalink





‘(ii) implementing nutrition, wellness practices, and physical activity guidelines;CommentsClose CommentsPermalink





‘(iii) integrating nutrition and wellness, family and consumer sciences education programs, and physical activity into the overall curriculum;CommentsClose CommentsPermalink





‘(iv) offering professional development for faculty and staff that includes information on nutrition and wellness and physical activity issues;CommentsClose CommentsPermalink





‘(v) improving the quality of physical education curricula and increasing the training of physical education teachers; andCommentsClose CommentsPermalink





‘(vi) encouraging healthy eating and reducing school dependence on profits from the sale of foods with minimal nutritional value;’.CommentsClose CommentsPermalink

SEC. 7. REGULATIONS.

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘, including regulations’ and all that follows through ‘School Lunch Act’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘The regulations’ and all that follows through ‘if’ and inserting ‘The Secretary shall prescribe regulations relating to the service of foods and beverages in participating schools and service institutions in competition with the programs authorized under this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). Such regulations shall require that’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting the following: ‘and shall, based on the categories identified pursuant to section 1711(b)(7)(A) of the Public Health Service Act--CommentsClose CommentsPermalink





‘(1) identify Tier 1 foods and beverages, which are healthful for children and the consumption of which is encouraged, and provide that such foods and beverages may be offered throughout the school day at all school levels;CommentsClose CommentsPermalink





‘(2) identify Tier 2 foods and beverages, which do not exceed an acceptable level of total, saturated, and trans fat, sugars, and sodium, and provide that such foods and beverages may be made available only at limited times of the day at specified school levels; andCommentsClose CommentsPermalink





‘(3) identify Tier 3 foods and beverages, which do not contribute to a healthful diet for children and adolescents, and provide that such foods and beverages may not be made available during the school day or at after-school activities for students, except that the local wellness policy required by section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note) may allow such foods and beverages to be offered at occasional events authorized by the school, such as celebrations, special fundraising events, and after school activities.’.CommentsClose CommentsPermalink

SEC. 8. EARLY AND PERIODIC SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES.

(a) In General- Section 1905(r) of the Social Security Act (42 U.S.C. 1396d) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink





(2) by adding after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink





‘(5) Obesity prevention, nutritional counseling, and other services for obesity--CommentsClose CommentsPermalink





‘(A) which are provided--CommentsClose CommentsPermalink





‘(i) at intervals which meet reasonable standards of medical practice, as determined by the State after consultation with recognized medical organizations involved in child health care; andCommentsClose CommentsPermalink





‘(ii) at such other intervals indicated as medically necessary; andCommentsClose CommentsPermalink





‘(B) which shall at a minimum include nutritional counseling and treatment for obesity.’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendment made by subsection (a)(2) shall apply to medical assistance furnished on or after January 1, 2010.CommentsClose CommentsPermalink





(2) EXCEPTION FOR STATE LEGISLATION- In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a)(2), the State plan shall not be regarded as failing to comply with the requirement of such title solely on the basis of its failure to meet such 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 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 the session shall be considered to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

SEC. 9. REQUIRING COVERAGE OF EPSDT SERVICES UNDER SCHIP.

(a) Additional Required Services-CommentsClose CommentsPermalink





(1) REQUIRED COVERAGE OF EPSDT SERVICES- Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (6), the following:CommentsClose CommentsPermalink





‘(7) EPSDT OBESITY TREATMENT SERVICES- The child health assistance provided to a targeted low-income child shall include coverage of early and periodic screening, diagnostic, and treatment services described in section 1905(r)(5) and provided in accordance with section 1902(a)(43).’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 2103(a) (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ‘paragraphs (5), (6), and (7)’ and inserting ‘paragraphs (5), (6), (7), and (8)’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendment made by subsection (a)(1)(B) shall apply to child health assistance furnished on or after January 1, 2010.CommentsClose CommentsPermalink





(2) EXCEPTION FOR STATE LEGISLATION- In the case of a State child health plan under title XXI of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a)(1)(B), 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 such 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 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 the session shall be considered to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION AND AVAILABILITY OF APPROPRIATIONS.

(a) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this Act.CommentsClose CommentsPermalink





(b) Availability- Amounts appropriated pursuant to paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink