Public Law 109-307

[109 Statutes2 At Large]

[From the U.S. Government Printing Office via GPO Access]

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[Page 1721-1724]

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Public Law 109-307

109th Congress

An Act

To amend the Public Health Service Act to reauthorize support for

graduate medical education programs in children's

hospitals. NOTE: Oct. 6, 2006 - [H.R. 5574]

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress NOTE: Children's Hospital GME

Support Reauthorization Act of 2006. 42 USC 201 note. assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Children's Hospital GME Support

Reauthorization Act of 2006''.

SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE

GRADUATE MEDICAL EDUCATION PROGRAMS.

(a) In General.--Section 340E of the Public Health Service Act (42

U.S.C. 256e) is amended--

(1) in subsection (a), by inserting ``and each of fiscal

years 2007 through 2011'' after ``for each of fiscal years 2000

through 2005'';

(2) in subsection (e)(1), by striking ``26'' and inserting

``12'';

(3) in subsection (f)(1)(A)--

(A) in clause (ii), by striking ``and'' at the end;

(B) in clause (iii), by striking the period at the

end and inserting ``; and''; and

(C) by adding at the end the following:

``(iv) for each of fiscal years 2007 through

2011, $110,000,000.''; and

(4) in subsection (f)(2)--

(A) in the matter before subparagraph (A), by

striking ``subsection (b)(1)(A)'' and inserting

``subsection (b)(1)(B)'';

(B) in subparagraph (B), by striking ``and'' at the

end;

(C) in subparagraph (C), by striking the period at

the end and inserting ``; and''; and

(D) by adding at the end the following:

``(D) for each of fiscal years 2007 through 2011,

$220,000,000.''.

(b) Reduction in Payments for Failure To File Annual Report.--

Subsection (b) of section 340E of the Public Health Service Act (42

U.S.C. 256e) is amended--

(1) in paragraph (1), in the matter before subparagraph (A),

by striking ``paragraph (2)'' and inserting ``paragraphs (2) and

(3)''; and

(2) by adding at the end the following:

``(3) Annual reporting required.--

``(A) Reduction in payment for failure to report.--

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120 STAT. 1722

``(i) In general.--The amount payable under

this section to a children's hospital for a fiscal

year (beginning with fiscal year 2008 and after

taking into account paragraph (2)) shall be

reduced by 25 percent if the Secretary determines

that--

``(I) the hospital has failed to

provide the Secretary, as an addendum to

the hospital's application under this

section for such fiscal year, the report

required under subparagraph (B) for the

previous fiscal year; or

``(II) such report fails to provide

the information required under any

clause of such subparagraph.

``(ii) Notice and opportunity to provide

missing information.--Before imposing a reduction

under clause (i) on the basis of a hospital's

failure to provide information described in clause

(i)(II), the Secretary shall provide notice to the

hospital of such failure and the Secretary's

intention to impose such reduction and shall

provide the hospital with the opportunity to

provide the required information within a period

of 30 days beginning on the date of such notice.

If the hospital provides such information within

such period, no reduction shall be made under

clause (i) on the basis of the previous failure to

provide such information.

``(B) Annual report.--The report required under this

subparagraph for a children's hospital for a fiscal year

is a report that includes (in a form and manner

specified by the Secretary) the following information

for the residency academic year completed immediately

prior to such fiscal year:

``(i) The types of resident training programs

that the hospital provided for residents described

in subparagraph (C), such as general pediatrics,

internal medicine/pediatrics, and pediatric

subspecialties, including both medical

subspecialties certified by the American Board of

Pediatrics (such as pediatric gastroenterology)

and non-medical subspecialties approved by other

medical certification boards (such as pediatric

surgery).

``(ii) The number of training positions for

residents described in subparagraph (C), the

number of such positions recruited to fill, and

the number of such positions filled.

``(iii) The types of training that the

hospital provided for residents described in

subparagraph (C) related to the health care needs

of different populations, such as children who are

underserved for reasons of family income or

geographic location, including rural and urban

areas.

``(iv) The changes in residency training for

residents described in subparagraph (C) which the

hospital has made during such residency academic

year (except that the first report submitted by

the hospital under this subparagraph shall be for

such changes since the

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120 STAT. 1723

first year in which the hospital received payment

under this section), including--

``(I) changes in curricula, training

experiences, and types of training

programs, and benefits that have

resulted from such changes; and

``(II) changes for purposes of

training the residents in the

measurement and improvement of the

quality and safety of patient care.

``(v) The numbers of residents described in

subparagraph (C) who completed their residency

training at the end of such residency academic

year and care for children within the borders of

the service area of the hospital or within the

borders of the State in which the hospital is

located. Such numbers shall be disaggregated with

respect to residents who completed residencies in

general pediatrics or internal medicine/

pediatrics, subspecialty residencies, and dental

residencies.

``(C) Residents.--The residents described in this

subparagraph are those who--

``(i) are in full-time equivalent resident

training positions in any training program

sponsored by the hospital; or

``(ii) are in a training program sponsored by

an entity other than the hospital, but who spend

more than 75 percent of their training time at the

hospital.

``(D) Report to congress.--Not later than the end of

fiscal year 2011, the Secretary, acting through the

Administrator of the Health Resources and Services

Administration, shall submit a report to the Congress--

``(i) summarizing the information submitted in

reports to the Secretary under subparagraph (B);

``(ii) describing the results of the program

carried out under this section; and

``(iii) making recommendations for

improvements to the program.''.

(c) Technical Amendments.--Section 340E of the Public Health Service

Act (42 U.S.C. 256e) is further amended--

(1) in subsection (c)(2)(E)(ii), by striking ``described in

subparagraph (C)(ii)'' and inserting ``applied under section

1886(d)(3)(E) of the Social Security Act for discharges

occurring during the preceding fiscal year'';

(2) in subsection (e)(2), by striking the first sentence;

and

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120 STAT. 1724

(3) in subsection (e)(3), by striking ``made to pay'' and

inserting ``made and pay''.

Approved October 6, 2006.

LEGISLATIVE HISTORY--H.R. 5574 (S. 285):

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HOUSE REPORTS: No. 109-508 (Comm. on Energy and Commerce).

CONGRESSIONAL RECORD, Vol. 152 (2006):

June 21, considered and passed House.

Sept. 26, considered and passed Senate, amended.

Sept. 28, House concurred in Senate amendment.