text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Prostate Testing Full Information 
  Act''.
  
  SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.
  
      (a) Requirement.--If a covered physician, during a physical 
  examination, examines the prostate gland of a patient, the physician 
  shall provide information to the patient concerning the availability of 
  appropriate diagnostic procedures, including the prostate antigen test, 
  if any of the following conditions are present:
              (1) The patient is over 50 years of age.
              (2) The patient manifests clinical symptomatology.
              (3) The patient is at an increased risk of prostate cancer.
              (4) The provision of the information to the patient is 
          medically necessary, in the opinion of the physician.
      (b) Enforcement.--The Secretary of Health and Human Services shall 
  promulgate regulations that--
              (1) require the reporting of covered physicians that 
          violate subsection (a) to the Secretary; and
              (2) provide for the application of sanctions to enforce the 
          provisions of subsection (a).
      (c) Definition.--In this section, the term ``covered physician'' 
  means a physician as defined in section 1861(r) of the Social Security 
  Act (42 U.S.C. 1395x(r)) who has received any Federal payment or 
  assistance under any program under--
              (1) the Public Health Service Act (42 U.S.C. 201 et seq.); 
          or
              (2) the Social Security Act (42 U.S.C. 301 et seq.).
  
  SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
                1974.
  
      (a) In General.--Subpart B of part 7 of subtitle B of title I of 
  the Employee Retirement Income Security Act of 1974 (as added by 
  section 603(a) of the Newborns' and Mothers' Health Protection Act of 
  1996 and amended by section 702(a) of the Mental Health Parity Act of 
  1996) is amended by adding at the end the following:
  
  ``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.
  
      ``(a) Requirement.--If a physician, during a physical examination, 
  examines the prostate gland of a patient, the physician shall provide 
  information to the patient concerning the availability of appropriate 
  diagnostic procedures, including the prostate antigen test, if any of 
  the following conditions are present:
              ``(1) The patient is over 50 years of age.
              ``(2) The patient manifests clinical symptomatology.
              ``(3) The patient is at an increased risk of prostate 
          cancer, as determined pursuant to regulations promulgated by 
          the Secretary of Health and Human Services.
              ``(4) The provision of the information to the patient is 
          medically necessary, in the opinion of the physician.
      ``(b) Prohibition on Limitation.--The provision of information in 
  accordance with subsection (a) may not be prohibited under the terms 
  of--
              ``(1) any written contract or written agreement between the 
          physician and any group health plan, any health insurance 
          issuer providing health insurance coverage in connection with a 
          group health plan, or any related party with respect to a group 
          health plan; or
              ``(2) any written statement from the plan, issuer, or 
          related party to the physician.
      ``(c) Rule of Construction.--Nothing in this section shall be 
  construed as requiring a group health plan or a health insurance issuer 
  providing health insurance coverage in connection with a group health 
  plan to provide coverage for prostate specific antigen tests.
      ``(d) Definition.--In this section, the term `physician' has the 
  meaning given such term in section 1861(r) of the Social Security Act 
  (42 U.S.C. 1395x(r)).''.
      (b) Clerical Amendment.--The table of contents in section 1 of such 
  Act, as amended by section 603 of the Newborns' and Mothers' Health 
  Protection Act of 1996 and section 702 of the Mental Health Parity Act 
  of 1996, is amended by inserting after the item relating to section 712 
  the following new item:
  
  ``Sec. 713. Requirement relating to prostate specific antigen test.''.
      (c) Effective Date.--The amendments made by this section shall 
  apply with respect to plan years beginning on or after January 1, 1998.
  
  SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE 
                GROUP MARKET.
  
      (a) In General.--Subpart 2 of part A of title XXVII of the Public 
  Health Service Act (as added by section 604(a) of the Newborns' and 
  Mothers' Health Protection Act of 1996 and amended by section 703(a) of 
  the Mental Health Parity Act of 1996) is amended by adding at the end 
  the following new section:
  
  ``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.
  
      ``(a) Requirement.--If a physician, during a physical examination, 
  examines the prostate gland of a patient, the physician shall provide 
  information to the patient concerning the availability of appropriate 
  diagnostic procedures, including the prostate antigen test, if any of 
  the following conditions are present:
              ``(1) The patient is over 50 years of age.
              ``(2) The patient manifests clinical symptomatology.
              ``(3) The patient is at an increased risk of prostate 
          cancer, as determined pursuant to regulations promulgated by 
          the Secretary of Health and Human Services.
              ``(4) The provision of the information to the patient is 
          medically necessary, in the opinion of the physician.
      ``(b) Prohibition on Limitation.--The provision of information in 
  accordance with subsection (a) may not be prohibited under the terms 
  of--
              ``(1) any written contract or written agreement between the 
          physician and any group health plan, any health insurance 
          issuer providing health insurance coverage in connection with a 
          group health plan, or any related party with respect to a group 
          health plan; or
              ``(2) any written statement from the plan, issuer, or 
          related party to the physician.
      ``(c) Rule of Construction.--Nothing in this section shall be 
  construed as requiring a group health plan or a health insurance issuer 
  providing health insurance coverage in connection with a group health 
  plan to provide coverage for prostate specific antigen tests.
      ``(d) Definition.--In this section, the term `physician' has the 
  meaning given such term in section 1861(r) of the Social Security Act 
  (42 U.S.C. 1395x(r)).''.
      (b) Effective Date.--The amendments made by this section shall 
  apply with respect to group health plans for plan years beginning on or 
  after January 1, 1998.
  
  SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE 
                INDIVIDUAL MARKET.
  
      (a) In General.--Subpart 3 of part B of title XXVII of the Public 
  Health Service Act (as added by section 605(a) of the Newborn's and 
  Mother's Health Protection Act of 1996) is amended by adding at the end 
  the following new section:
  
  ``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.
  
      ``The provisions of section 2706 shall apply to health insurance 
  coverage offered by a health insurance issuer in the individual market 
  in the same manner as they apply to health insurance coverage offered 
  by a health insurance issuer in connection with a group health plan in 
  the small or large group market.''.
      (b) Effective Date.--The amendment made by this section shall apply 
  with respect to health insurance coverage offered, sold, issued, 
  renewed, in effect, or operated in the individual market on or after 
  January 1, 1998.
  
  SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN 
                PROGRAMS OF THE PUBLIC HEALTH SERVICE.
  
      (a) National Institutes of Health.--Section 417B(c) of the Public 
  Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first 
  sentence by striking ``$72,000,000'' and all that follows and inserting 
  the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for 
  fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 
  for fiscal year 2001.''.
      (b) Agency for Health Care Policy and Research.--Section 902 of the 
  Public Health Service Act (42 U.S.C. 299a) is amended by adding at the 
  end the following:
      ``(f) Activities Regarding Prostate Cancer.--The Administrator 
  shall, with respect to prostate cancer--
              ``(1) conduct and support research on the outcomes, 
          effectiveness, and appropriateness of health services and 
          procedures; and
              ``(2) in carrying out section 912(a), provide for the 
          development, periodic review, and updating of clinically 
          relevant guidelines, standards of quality, performance 
          measures, and medical review criteria.''.
target: Prostate Testing Full Information Act - Requires any physician who has received any Federal payment or assistance under any program under the Public Health Service Act or the Social Security Act, if the physician examines a patient's prostate gland, to provide information on appropriate diagnostic procedures, including the prostate antigen test, if:  (1) the patient is over 50, manifests clinical symptoms, or is at increased risk of prostate cancer; or (2) the provision of the information is, in the opinion of the physician, medically necessary. 
  Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to impose the same requirement as above and to declare that such information may not be prohibited under the terms of:  (1) any agreement between the physician and any group health plan, insurance issuer providing group health coverage, or related party; or (2) any written statement from the plan, issuer, or related party. 
  Amends the Public Health Service Act to declare that such information may not be prohibited under those terms by an issuer in the individual market. 
  Authorizes appropriations to carry out provisions relating to National Cancer Institute prostate cancer research. 
  Requires the Agency for Health Care Policy and Research, with regard to prostate cancer, to:  (1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and (2) in carrying out provisions relating to the Forum for Quality and Effectiveness in Health Care, provide for the development, review, and updating of clinically relevant guidelines, quality standards, performance measures, and medical review criteria.
feat_title: Prostate Testing Full Information Act