Sustaining Access to Vital Emergency Medical Services Act of 2001 (Introduced in the Senate)

S 587 IS

To amend the Public Health Service Act and title XVIII of the Social Security Act to sustain access to vital emergency medical services in rural areas.

March 21, 2001

Mr. CONRAD (for himself, Mr. THOMAS, Mr. DASCHLE, Mr. JOHNSON, and Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Finance

To amend the Public Health Service Act and title XVIII of the Social Security Act to sustain access to vital emergency medical services in rural areas.

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 `Sustaining Access to Vital Emergency Medical Services Act of 2001'.

SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM.

Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.), as amended by section 1305 of the Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1141) is amended by adding at the end the following new section:

`SEC. 1254. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM.

`(a) GRANTS- The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Secretary') shall award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas.

`(b) ELIGIBILITY- To be eligible to receive a grant under this section, an entity shall--

`(1) be--

`(A) a State emergency medical services office;

`(B) a State emergency medical services association;

`(C) a State office of rural health;

`(D) a local government entity;

`(E) a State or local ambulance provider; or

`(F) any other entity determined appropriate by the Secretary; and

`(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes--

`(A) a description of the activities to be carried out under the grant; and

`(B) an assurance that the applicant will comply with the matching requirement of subsection (e).

`(c) USE OF FUNDS- An entity shall use amounts received under a grant made under subsection (a), either directly or through grants to emergency medical service squads that are located in, or that serve residents of, a non-metropolitan statistical area, an area designated as rural area by any law or regulation of the State, or a rural census tract of a metropolitan statistical area (as determined under the most recent Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)), to--

`(1) hire or recruit emergency medical service personnel;

`(2) recruit or retain volunteer emergency medical service personnel;

`(3) train emergency medical service personnel in emergency response, injury prevention, safety awareness, and other topics relevant to the delivery of emergency medical services;

`(4) fund specific training to meet State or Federal certification requirements;

`(5) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods (such as distance learning);

`(6) acquire emergency medical services vehicles, including ambulances;

`(7) acquire emergency medical services equipment, including cardiac defibrillators;

`(8) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration; and

`(9) educate the public concerning cardiopulmonary resuscitation (CPR), first aid, injury prevention, safety awareness, illness prevention, and other related emergency preparedness topics.

`(d) PREFERENCE- In awarding grants under this section the Secretary shall give preference to--

`(1) applications that reflect a collaborative effort by 2 or more of the entities described in subparagraphs (A) through (F) of subsection (b)(1); and

`(2) applications submitted by entities that intend to use amounts provided under the grant to fund activities described in any of paragraphs (1) through (5) of subsection (c).

`(e) MATCHING REQUIREMENT- The Secretary may not make a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to 5 percent of the amount received under the grant.

`(f) EMERGENCY MEDICAL SERVICES- In this section, the term `emergency medical services'--

`(1) means resources used by a qualified public or private nonprofit entity, or by any other entity recognized as qualified by the State involved, to deliver medical care outside of a medical facility under emergency conditions that occur--

`(A) as a result of the condition of the patient; or

`(B) as a result of a natural disaster or similar situation; and

`(2) includes services delivered by an emergency medical services provider (either compensated or volunteer) or other provider recognized by the State involved that is licensed or certified by the State as an emergency medical technician or its equivalent (as determined by the State), a registered nurse, a physician assistant, or a physician that provides services similar to services provided by such an emergency medical services provider.

`(g) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2002 through 2007.

`(2) ADMINISTRATIVE COSTS- The Director may use not more than 10 percent of the amount appropriated under paragraph (1) for a fiscal year for the administrative expenses of carrying out this section.'.

SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES UNDER MEDICARE AND MEDICAID.

(a) AMBULANCE SERVICES FOR MEDICARE FEE-FOR-SERVICE BENEFICIARIES- Section 1861(s)(7) of the Social Security Act (42 U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the end the following: `, except that such regulations shall not fail to treat ambulance services as medical and other health services solely because the ultimate diagnosis of the individual receiving the ambulance services results in the conclusion that ambulance services were not necessary, as long as the request for ambulance services is made after the sudden onset of a medical condition that would be classified as an emergency medical condition (as defined in section 1852(d)(3)(B)).'.

(b) AMBULANCE SERVICES FOR MEDICARE+CHOICE ENROLLEES- Section 1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A)) is amended by inserting `(including the services described in section 1861(s)(7))' after `outpatient services' in the matter preceding clause (i).

(c) AMBULANCE SERVICES IN MEDICAID MANAGED CARE PLANS- Section 1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B)) is amended by inserting `(including the services described in section 1861(s)(7) (if covered by the State plan))' after `outpatient services' in the matter preceding clause (i).

(d) EFFECTIVE DATE- The amendments made by this section shall apply with respect to services provided on and after the date of enactment of the Act.