(a) Authority to make grants
(1) In general
In addition to any other payments made under this chapter or title V of the Social Security Act [42 USC 701 et seq.], the Secretary shall award grants to eligible entities to carry out the following purposes:
(A) To provide access to quality medical care for children who live in areas that have a high prevalence of asthma and who lack access to medical care.
(B) To provide on-site education to parents, children, health care providers, and medical teams to recognize the signs and symptoms of asthma, and to train them in the use of medications to treat asthma and prevent its exacerbations.
(C) To decrease preventable trips to the emergency room by making medication available to individuals who have not previously had access to treatment or education in the management of asthma.
(D) To provide other services, such as smoking cessation programs, home modification, and other direct and support services that ameliorate conditions that exacerbate or induce asthma.
(2) Certain projects
In making grants under paragraph (1), the Secretary may make grants designed to develop and expand the following projects:
(A) Projects to provide comprehensive asthma services to children in accordance with the guidelines of the National Asthma Education and Prevention Program (through the National Heart, Lung and Blood Institute), including access to care and treatment for asthma in a community-based setting.
(B) Projects to fully equip mobile health care clinics that provide preventive asthma care including diagnosis, physical examinations, pharmacological therapy, skin testing, peak flow meter testing, and other asthma-related health care services.
(C) Projects to conduct validated asthma management education programs for patients with asthma and their families, including patient education regarding asthma management, family education on asthma management, and the distribution of materials, including displays and videos, to reinforce concepts presented by medical teams.
(2) Award of grants
(i) In general
An eligible entity shall submit an application to the Secretary for a grant under this section in such form and manner as the Secretary may require.
(ii) Required information
An application submitted under this subparagraph shall include a plan for the use of funds awarded under the grant and such other information as the Secretary may require.
In awarding grants under this section, the Secretary shall give preference to eligible entities that demonstrate that the activities to be carried out under this section shall be in localities within areas of known or suspected high prevalence of childhood asthma or high asthma-related mortality or high rate of hospitalization or emergency room visits for asthma (relative to the average asthma prevalence rates and associated mortality rates in the United States). Acceptable data sets to demonstrate a high prevalence of childhood asthma or high asthma-related mortality may include data from Federal, State, or local vital statistics, claims data under title XIX or XXI of the Social Security Act [42 USC 1396 et seq., 1397aa et seq.], other public health statistics or surveys, or other data that the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, deems appropriate.
(3) Definition of eligible entity For purposes of this section, the term "eligible entity" means a public or nonprofit private entity (including a State or political subdivision of a State), or a consortium of any of such entities.
(b) Coordination with other children's programs
An eligible entity shall identify in the plan submitted as part of an application for a grant under this section how the entity will coordinate operations and activities under the grant with -
(1) other programs operated in the State that serve children with asthma, including any such programs operated under title V, XIX, or XXI of the Social Security Act [42 USC 701 et seq., 1396 et seq., 1397aa et seq.]; and
(2) one or more of the following -
(A) the child welfare and foster care and adoption assistance programs under parts B and E of title IV of such Act [42 USC 620 et seq., 670 et seq.];
(B) the head start program established under the Head Start Act (42 USC 9831 et seq.);
(C) the program of assistance under the special supplemental nutrition program for women, infants and children (WIC) under section 1786 of this title;
(D) local public and private elementary or secondary schools; or
(E) public housing agencies, as defined in section 1437a of this title.
An eligible entity that receives a grant under this section shall submit to the Secretary an evaluation of the operations and activities carried out under the grant that includes -
(1) a description of the health status outcomes of children assisted under the grant;
(2) an assessment of the utilization of asthma-related health care services as a result of activities carried out under the grant;
(3) the collection, analysis, and reporting of asthma data according to guidelines prescribed by the Director of the Centers for Disease Control and Prevention; and
(4) such other information as the Secretary may require.
(d) Preference for States that allow students to self-administer medication to treat asthma and anaphylaxis
The Secretary, in making any grant under this section or any other grant that is asthma-related (as determined by the Secretary) to a State, shall give preference to any State that satisfies the following:
(A) In general
The State must require that each public elementary school and secondary school in that State will grant to any student in the school an authorization for the self-administration of medication to treat that student's asthma or anaphylaxis, if -
(i) a health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication;
(ii) the student has demonstrated to the health care practitioner (or such practitioner's designee) and the school nurse (if available) the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed;
(iii) the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and
(iv) the student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under clause (iii) and other documents related to liability.
An authorization granted under subparagraph (A) must allow the student involved to possess and use his or her medication -
(i) while in school;
(ii) while at a school-sponsored activity, such as a sporting event; and
(iii) in transit to or from school or school-sponsored activities.
(C) Duration of authorization
An authorization granted under subparagraph (A) -
(i) must be effective only for the same school and school year for which it is granted; and
(ii) must be renewed by the parent or guardian each subsequent school year in accordance with this subsection.
(D) Backup medication
The State must require that backup medication, if provided by a student's parent or guardian, be kept at a student's school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
(E) Maintenance of information
The State must require that information described in subparagraphs (A)(iii) and (A)(iv) be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency.
(2) Rule of construction
Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.
For purposes of this subsection:
(A) The terms "elementary school" and "secondary school" have the meaning given to those terms in section 7801 of title 20.
(B) The term "health care practitioner" means a person authorized under law to prescribe drugs subject to section 353(b) of title 21.
(C) The term "medication" means a drug as that term is defined in section 321 of title 21 and includes inhaled bronchodilators and auto-injectable epinephrine.
(D) The term "self-administration" means a student's discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to a prescription or written direction from a health care practitioner.
(e) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005.
(Pub. L. 108-377, Sec. 3(a), Oct. 30, 2004, 118 Stat. 2203.)