42 U.S. Code § 1397h - Program for early detection of certain medical conditions related to environmental health hazards
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(a) Program establishment
The Secretary shall establish a program in accordance with this section to make competitive grants to eligible entities specified in subsection (b) for the purpose of—
(1) screening at-risk individuals (as defined in subsection (c)(1)) for environmental health conditions (as defined in subsection (c)(3)); and
(2) developing and disseminating public information and education concerning—
(C) the availability of Medicare benefits for certain individuals diagnosed with environmental health conditions under section 1395rr–1 of this title.
(b) Eligible entities
(1) In general
For purposes of this section, an eligible entity is an entity described in paragraph (2) which submits an application to the Secretary in such form and manner, and containing such information and assurances, as the Secretary determines appropriate.
(2) Types of eligible entities
The entities described in this paragraph are the following:
In this section:
(1) At-risk individual
The term “at-risk individual” means an individual who—
(i) as demonstrated in such manner as the Secretary determines appropriate, has been present for an aggregate total of 6 months in the geographic area subject to an emergency declaration specified under paragraph (2), during a period ending—
(I) not less than 10 years prior to the date of such individual’s application under subparagraph (B); and
(2) Emergency declaration
(3) Environmental health condition
The term “environmental health condition” means—
(A) asbestosis, pleural thickening, or pleural plaques, as established by—
(i) interpretation by a “B Reader” qualified physician of a plain chest x-ray or interpretation of a computed tomographic radiograph of the chest by a qualified physician, as determined by the Secretary; or
(B) mesothelioma, or malignancies of the lung, colon, rectum, larynx, stomach, esophagus, pharynx, or ovary, as established by—
(4) Hazardous substance; pollutant; contaminant
The terms “hazardous substance”, “pollutant”, and “contaminant” have the meanings given those terms in section 9601 of this title.
(d) Health coverage unaffected
Nothing in this section shall be construed to affect any coverage obligation of a governmental or private health plan or program relating to an at-risk individual.
(1) In general
Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary, to carry out the program under this section—
(1) In general
Except as provided in paragraph (2), the preceding sections of this subchapter shall not apply to grants awarded under this section.
(2) Limitations on use of grants
Section 1397d (a) of this title shall apply to a grant awarded under this section to the same extent and in the same manner as such section applies to payments to States under this subchapter, except that paragraph (4) of such section shall not be construed to prohibit grantees from conducting screening for environmental health conditions as authorized under this section.
Source(Aug. 14, 1935, ch. 531, title XX, § 2009, as added Pub. L. 111–148, title X, § 10323(b),Mar. 23, 2010, 124 Stat. 957.)
Pub. L. 111–148, title X, § 10323(b),Mar. 23, 2010, 124 Stat. 957, which directed amendment of title XX of act Aug. 14, 1935, by adding this section at the end, was executed by adding this section at the end of subtitle A of title XX of that Act, which is this division, to reflect the probable intent of Congress.