article: SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Asthma Assessment and State Tracking Act of 2002'' (FAAST Act). (b) Findings.--Congress finds the following: (1) Asthma summary.--Asthma is a serious chronic condition affecting many Americans. Asthma accounts for an estimated 3 million lost workdays for adults and 10.1 million lost school days in children annually. Over the past 20 years mortality, morbidity, and hospital discharge rates attributed to asthma have substantially increased. Between 1979 and 1998, the age- adjusted mortality rate increased 56 percent while the prevalence rate increased by almost 22 percent in males and 97 percent in females between 1982 and 1996. (2) Race-specific prevalence.--In 1996, the prevalence rate of asthma in whites was 53.5 per 1,000 persons while the prevalence rate in blacks was 69.6 per 1,000 persons. Both of these rates represent significant differences from the rates reported in 1982, when they were 34.6 and 39.2 for whites and blacks, respectively. (3) Economic costs of asthma.--Asthma entails an annual economic cost to the Nation in direct health care costs of $8.1 billion; indirect costs (lost productivity) add another $4.6 billion for a total of $12.7 billion. Inpatient hospital services represented the largest single direct medical expenditure, over $3.5 billion. The value of reduced productivity due to loss of school days represented the largest single indirect cost at $1.5 billion. SEC. 2. ASTHMA SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. (a) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended by adding at the end the following: ``(h) Asthma Screening.-- ``(1) In general.--An entity that receives assistance under this section may carry out a program under which the entity-- ``(A) determines whether a child eligible to participate in the program described in subsection (a) has each received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the program; and ``(B) in the case of a child who has not received such an asthma screening test, ensures that the enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Reimbursement.-- ``(A) In general.--On the request of an entity that performs or arranges for the performance of an asthma screening test under paragraph (1) on a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for 100 percent of the cost of the test and data reporting. ``(B) Costs.--The costs of a test conducted under this subsection-- ``(i) shall include reimbursement for testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(ii) shall include reimbursement for administering the tests and related services, as determined appropriate by the State agency. ``(3) Head start.--This subsection shall apply to Head Start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) with respect to an agency that elects to carry out a program under section 645A(h), comply with the requirements of such section in the case of each child eligible to participate in the Head Start program to be carried out by the agency.''. SEC. 3. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. ``(a) Grants.--The Secretary shall award grants to eligible local educational agencies to enable such agencies to carry out asthma health screening and case management programs determined appropriate by the Secretary in accordance with the program elements described in subsection (d). ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to local educational agencies serving schools that are located in areas with a high incidence of childhood asthma or a high death rate associated with childhood asthma. ``(d) Program Elements.--Under an asthma program operated under a grant under this section, a local educational agency shall-- ``(1) determine whether a child enrolled in a school in which the program is in effect has received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the school; ``(2) in the case of a child who has not received an asthma screening test, ensure that the child receives such a test either by referral or by performing the test (under contract or otherwise); and ``(3) in the case of a child determined to have asthma, provide treatment or refer the child for treatment (including case management) and education in the management of asthma. ``(e) Reimbursement.-- ``(1) Children enrolled in or eligible for medicaid.-- ``(A) In general.--With respect to a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and who receives, or is provided, a test, treatment, or education, under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XIX, including the payment limitation commonly known as the `free care rule', shall reimburse the local educational agency administering such program from funds that are made available under such title XIX for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs of a test conducted under this section shall include reimbursement for-- ``(i) testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353; and ``(ii) administering the tests and related services, as determined appropriate by the State agency responsible for the administration of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(2) Children enrolled in or eligible for schip.-- ``(A) In general.--With respect to a child who is eligible for or receiving child health assistance under a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) and who receives, or is provided, a test, treatment, or education under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XXI, or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the State children's health insurance program established under title XXI of that Act), shall reimburse the local educational agency administering such program from funds that are made available under such title XXI for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs shall include the costs described in paragraph (1)(B). ``(f) Definitions.--In this section, the terms `local educational agency', `elementary school', and `secondary school' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section with respect to a child, and any data reporting with respect to the child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan, $15,000,000 for each of fiscal years 2003 through 2008. ``(h) Evaluations.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing data related to whether grants provided under this section have ensured that children at the highest risk for asthma are identified and treated.''. SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN ELIGIBLE UNDER MEDICAID OR SCHIP. (a) Medicaid.--Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) Nothing in this title or any other provision of law, including the payment limitation commonly known as the `free care rule', shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a child who is eligible for or receiving medical assistance under the State plan and who receives an asthma screening test, or is provided treatment or education in disease management relating to asthma, through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(g) Required Payment for Certain School-Based Services.--Nothing in this title or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the program established under this title) shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for child health assistance for covered services furnished to a child who is eligible for or receiving such assistance under the State child health plan and who receives an asthma screening test that is available to children receiving assistance under the State plan, or is provided treatment or education in disease management relating to asthma through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. SEC. 5. MODEL ASTHMA TREATMENTS CENTERS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop, in conjunction with State medicaid programs under title XIX of the Social Security Act, a demonstration program for model asthma treatment centers. In developing the program, the Secretary shall base the centers on the scientifically validated asthma treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Such Program has successfully provided education, screening, and treatment services to children with asthma while improving health outcomes and lowering overall health care expenditures. (b) Location.--In developing the demonstration program under this section, the Secretary shall give priority to communities where the prevalence of uncontrolled asthma is high.
summary: Federal Asthma Assessment and State Tracking Act of 2002 - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma screening programs.Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to local educational agencies for asthma screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma screening tests.Requires the Secretary to develop, in conjunction with State medicaid programs under the Social Security Act, a demonstration program for model asthma treatment centers. Directs that the centers be based on the treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Directs the Secretary to give priority in developing the program to communities where the prevalence of uncontrolled asthma is high.