EMERGENCY HEALTH PERSONNEL ACT AMENDMENTS OF 1972 WEDNESDAY, AUGUST 2, 1972 U.S. SENATE, SUBCOMMITTEE ON HEALTH OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D.C. The subcommittee met, pursuant to notice, at 9:30 a.m., in room 6202, New Senate Office Building, Hon. Edward M. Kennedy (chairman), presiding. Present: Senators Kennedy and Javits. Committee staff present: Stan Jones, professional staff member; and Jay B. Cutler, minority counsel. Senator KENNEDY. Our hearing this morning is on the Emergency Health Personnel Act Amendments of 1972, S. 3858, and the Public Health and National Health Service Corps scholarship training program, S. 3867. These two bills address the problem of attracting health professionals into rural and innercity communities. At this point we will print a copy of the bills. (A copy of S. 3858 and S. 3867 follows:) (1) 92D CONGRESS 2D SESSION S. 3858 IN THE SENATE OF THE UNITED STATES JULY 28, 1972 Mr. KENNEDY (for himself and Mr. MAGNUSON) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare A BILL To amend the Public Health Service Act to improve the program of medical assistance to areas with health manpower shortages, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. This Act may be cited as the "Emergency 4 Health Personnel Act Amendments of 1972". 5 SEC. 2. (a) Section 329 (a) of the Public Health Serv 6 ice Act is amended to read as follows: 7 "SEC. 329. (a) There is established, within the Serv8 ice, the National Health Service Corps (hereinafter in this 9 section referred to as the 'Corps') which shall consist of 10 those officers of the Regular and Reserve Corps of the Serv11 ice and such other personnel as the Secretary may desig 2 1 nate and which shall be utilized by the Secretary to im2 prove the delivery of health care and services to persons 3 residing in areas which have critical health manpower 4 shortages." 5 (b) Section 329 (b) of such Act is amended to read as 6 follows: 7 "(b) (1) The Secretary shall (A) designate those areas 8 which he determines have critical health manpower short9 ages, (B) provide assistance to persons seeking assignment 10 of Corps personnel to such designated areas to provide, under 11 this section, health care and services for persons residing in 12 such areas, and (C) conduct such information programs in 13 such designated areas as may be necessary to inform the 14 public and private health entities serving those areas of the 15 assistance available under this section. 16 "(2) (A) The Secretary may, after approval of the 17 National Advisory Council on Health Manpower Shortage 18 Areas (established under subsection (e)), assign personnel 19 of the Corps to provide, under regulations, prescribed by the 20 Secretary (and after consultation with the local govern21 ment of such area, the State and district medical society in 22 that area, or other appropriate health society as the Secre23 tary may determine), health care and services for all per24 sons residing in areas designated by the Secretary under 25 paragraph (1) (A), if the State health agency of each 3 1 State in which such area is located, or the local public health 2 agency, or any other public or nonprofit private health 3 entity in such area, requests such assignment. Corps per4 sonnel shall be assigned to such area on the basis of the ex5 tent of the need for health services within the area and 6 without regard to the ability of the residents of the area to 7 pay for health services. 8 "(B) In providing health care and services under this 9 section, Corps personnel shall utilize the facilities and or10 ganizational forms adapted to the particular needs of the area and shall make services available to all persons in such area regardless of the ability of such person to pay for the care and services provided in connection with 11 12 13 14 15 16 17 18 19 20 21 "(i) direct health care programs carried out by the Service; "(ii) any direct health care programs carried out in whole or in part with Federal financial assistance; or "(iii) any other health care activity which is in furtherance of the purposes of this section. "(C) Any person who receives health care or services 22 provided under this section shall be charged for such care 223 or service at a rate established by the Secretary, pursuant to 24 regulations, to recover the reasonable cost of providing such 25 care or service; except that if such person is determined 4 1 under regulations of the Secretary to be unable to pay such 2 charge the Secretary shall provide for the furnishing of such 3 5 care or service at a reduced rate or without charge. If a 4 Federal agency, an agency of a State or local government, or other third party would be responsible for all or part of 6 the cost of the care or service provided under this section if 7 such care or service had not been provided under this section, 8 the Secretary shall collect from such agency or third party 9 the portion of such cost for which it would be so responsible. 10 Any funds collected by the Secretary under this subparagraph 11 shall be deposited in the Treasury as miscellaneous receipts." (c) Section 329 (c) of such Act is amended by striking 13 out "Service" and inserting in lieu thereof "Corps". 12 23 (d) Section 329 (d) of such Act is amended (1) by striking out "Service" in the first sentence and inserting in lieu thereof "Corps", and by inserting before the period at the end of such sentence the following: ", except that if such area is being served (as determined under regulations of the Secretary) by a hospital or other health care delivery facility of the Service, the Secretary shall, in addition to such other arrangements as the Secretary may make to insure the availability of care or services by Corps personnel in the area, arrange for the utilization of such hospital or facility by Corps personnel in providing care and services in such area, but |