Anna Westin Act of 2015
This bill requires the Office on Women's Health of the Department of Health and Human Services to revise, promote, and make freely available the BodyWise Handbook and BodyWorks obesity prevention program. The handbook must include information about eating disorders relating to males as well as females.
The Substance Abuse and Mental Health Services Administration must award grants: (1) to integrate training on eating disorders into existing curricula for health, mental health, and public health professionals; and (2) to states, Indian tribes, tribal organizations, and educational institutions for seminars for school personnel on eating disorders and to make resources available to individuals affected by eating disorders.
The National Institute of Mental Health must make public service announcements on eating disorders.
This bill amends the Public Health Service Act, Employee Retirement Income Security Act of 1974 (ERISA), and Internal Revenue Code to prohibit health insurance coverage from permanently excluding a particular condition from mental health or substance use disorder benefits. Mental health and substance use disorder benefits include residential treatment.
The Federal Trade Commission must submit to Congress a report that contains a strategy and recommendations to reduce the use in advertising of images that have been altered to change the physical characteristics of the individuals depicted.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2515 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2515
To amend the Public Health Service Act with respect to eating
disorders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2015
Mr. Deutch (for himself and Ms. Ros-Lehtinen) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Education and the Workforce and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act with respect to eating
disorders, and for other purposes.
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 ``Anna Westin Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definition.
Sec. 5. Training and education.
Sec. 6. Education and training for health professionals.
Sec. 7. Education and training for school and higher education
professionals.
Sec. 8. Public service announcements.
Sec. 9. Clarifying application of existing parity law.
Sec. 10. Report by Federal Trade Commission.
Sec. 11. Prohibition on new appropriations.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Risk of death among individuals with anorexia nervosa
is 18 times greater than their same age peers without anorexia.
It is estimated that at least one person dies every 62 minutes
from an eating disorder; at least 23 persons each day.
(2) Health consequences such as osteoporosis (brittle
bones), gastrointestinal complications, cardiac, and dental
problems are significant health and financial burdens
throughout life.
(3) At lowest estimate, 14.5 million Americans suffer from
eating disorders. One percent of adolescent boys and two
percent of adolescent girls suffer from eating disorders;
eating disorders account for at least four percent of all
childhood hospitalizations.
(4) Eating disorders are treatable biopsychosocial
illnesses. There is a high rate of co-morbidity with other
illnesses such as depression, substance abuse, or anxiety
disorders.
(5) Anorexia nervosa is an eating disorder characterized by
self-starvation, weight loss, fear of gaining weight and
disturbances in the way in which one's body weight or shape is
experienced (body image disturbance).
(6) Anorexia nervosa is associated with serious health
consequences including heart failure, kidney failure,
osteoporosis, and death. People who suffer anorexia nervosa are
57 times more likely to die of suicide than their peers.
(7) Current estimates of the lifetime prevalence of bulimia
nervosa are between 0.9 and 1.5 percent among women and between
0.1 and 0.5 percent among men.
(8) Bulimia nervosa is associated with serious health
consequences, including cardiac, gastrointestinal, and dental
problems including irregular heartbeats, gastric rupture,
peptic ulcer, tooth decay, and death.
(9) Binge eating disorder is characterized by frequent
episodes of uncontrolled overeating. Binge eating disorder is
common: at lowest estimate, 3.5 percent of American women and
2.0 percent of American men will suffer from this disorder in
their lifetime.
(10) Binge eating is often associated with obesity, high
blood pressure, elevated cholesterol levels, elevated
triglyceride levels, increased risk of bowel, breast and
reproductive cancers, increased risk of diabetes, and increased
risk of arthritic damage to the joints.
(11) Many suffer from some, but not all, of the symptoms of
anorexia nervosa, bulimia nervosa, or binge eating disorder,
which is referred to as other specified feeding or eating
disorder (OSFED). Between 4 percent and 20 percent of young
women practice unhealthy patterns of dieting, purging, and
binge eating.
(12) Eating disorders are more common in women, but they do
occur in men. Rates of binge eating disorder are similar in
females and males.
(13) Academic evidence has demonstrated a connection
between the use of very thin models in advertising and consumer
attitudes toward a brand based on such advertising, as well as
a material influence of the use of such models on consumer
purchase intent, conduct, and reliance.
(14) Eating disorders appear across all age groups, races,
ethnicities and socioeconomic groups in the United States and
are associated with substantial psychological problems,
including depression, substance abuse, and suicide. For
children 12 years of age and younger, hospitalizations for
eating disorders increased by 119 percent between 1999 and
2006.
SEC. 4. DEFINITION.
In this Act, the term ``eating disorder'' includes anorexia
nervosa, bulimia nervosa, binge eating disorder, and other specified
feeding or eating disorder (OSFED), as defined in the fifth edition of
``Diagnostic and Statistical Manual of Mental Disorders'' or, if
applicable, the most recent successor edition.
SEC. 5. TRAINING AND EDUCATION.
Subject to section 11, the Secretary of Health and Human Services,
acting through the Director of the Office on Women's Health of the
Department of Health and Human Services and in consultation with the
Secretary of Education, shall--
(1) revise and then reinstate the BodyWise Handbook and
related fact sheets and resource lists available on the public
Internet site of the National Women's Health Information Center
sponsored by the Office on Women's Health, to include--
(A) updated findings and conclusions as needed; and
(B) thorough information about eating disorders
relating to males as well as females;
(2) incorporate, as appropriate, information from such
BodyWise Handbook and related facts sheets and resource lists
into the curriculum of the BodyWorks obesity prevention program
developed by the Office on Women's Health and training modules
used in such obesity prevention program; and
(3) promote and make publicly available (whether through a
public Internet site or other method that does not impose a fee
on users) the BodyWise Handbook and related fact sheets and
resource lists, as updated under paragraph (1), and the
BodyWorks obesity prevention program, as updated under
paragraph (2), including for purposes of educating universities
and nonprofit entities on eating disorders.
SEC. 6. EDUCATION AND TRAINING FOR HEALTH PROFESSIONALS.
(a) In General.--Subject to section 11, the Secretary of Health and
Human Services, acting through the Administrator of the Substance Abuse
and Mental Health Services Administration, shall award grants to
eligible entities to integrate training into existing curricula for
primary care physicians, other licensed or certified health and mental
health professionals, and public health professionals that may
include--
(1) early intervention and identification of eating
disorders;
(2) levels of treatment (including family-based treatment,
in-patient, residential, partial hospitalization programming,
intensive outpatient and outpatient);
(3) how to properly refer patients to treatment;
(4) steps to aid in the prevention of the development of
eating disordered behaviors; and
(5) how to treat individuals with eating disorders.
(b) Application.--An entity that desires a grant under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require,
including a plan for the use of funds that may be awarded and an
evaluation of the training that will be provided.
(c) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through such grant to--
(1) use a training program containing evidence-based
findings, promising emerging best practices, or recommendations
that pertain to the identification, early intervention,
prevention of the development of eating disordered behaviors,
and treatment of eating disorders to conduct educational
training and conferences, including Internet-based courses and
teleconferences, on--
(A) how to help prevent the development of eating
disordered behaviors, identify, intervene early, and
appropriately and adequately treat eating disordered
patients;
(B) how to identify individuals with eating
disorders, and those who are at risk for suffering from
eating disorders and, therefore, at risk for related
severe medical and mental health conditions;
(C) how to conduct a comprehensive assessment of
individual and familial health risk factors; and
(D) how to conduct a comprehensive assessment of a
treatment plan; and
(2) evaluate and report to the Secretary on the
effectiveness of the training provided by such entity in
increasing knowledge and changing attitudes and behaviors of
trainees.
SEC. 7. EDUCATION AND TRAINING FOR SCHOOL AND HIGHER EDUCATION
PROFESSIONALS.
(a) Grants.--
(1) Authorization.--Subject to section 11, the Secretary of
Health and Human Services, acting through the Administrator of
the Substance Abuse and Mental Health Services Administration,
shall award grants to eligible entities--
(A) to conduct educational seminars for school
personnel on eating disorders early identification,
intervention, and prevention of behaviors that are
often associated with the development of eating
disordered behaviors; and
(B) to make resources available to individuals
affected by eating disorders.
(2) Educational seminars.--As a condition on the receipt of
a grant under this subsection, an eligible entity shall agree
to conduct educational seminars under paragraph (1)(A), taking
into consideration educational materials made available through
the BodyWise eating disorder initiative of the Department of
Health and Human Services and relevant research on eating
disorders.
(3) Eligible entity.--In this subsection, the term
``eligible entity'' means any State, territory, or possession
of the United States, the District of Columbia, any Indian
tribe or tribal organization (as defined in subsections (e) and
(l), respectively, of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)),
or a public or private educational institution, including an
institution of higher education.
SEC. 8. PUBLIC SERVICE ANNOUNCEMENTS.
(a) In General.--Subject to section 11, the Director of the
National Institute of Mental Health shall conduct a program of public
service announcements to educate the public on--
(1) the types of eating disorders;
(2) the seriousness of eating disorders (including
prevalence, comorbidities, and physical and mental health
consequences);
(3) how to identify, intervene, refer for treatment, and
help prevent behaviors that often lead to the development of
eating disordered behaviors;
(4) discrimination and bullying based on body size;
(5) the effects of media on self esteem and body image; and
(6) the signs and symptoms of eating disorders.
(b) Collaboration.--The Director of the National Institute of
Mental Health shall conduct the program under subsection (a) in
collaboration with--
(1) Centers of Excellence; and
(2) community-based national nonprofit resources that
support individuals affected by eating disorders and work to
prevent eating disorders and address body image and weight
issues.
SEC. 9. CLARIFYING APPLICATION OF EXISTING PARITY LAW.
(a) PHSA.--Section 2726 of the Public Health Service Act (42 U.S.C.
300gg-26) is amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan or health insurance issuer offering
group or individual health insurance coverage to which
subparagraph (A) applies shall be considered in
violation of subparagraph (A)(ii) if the mental health
or substance use disorder benefits under such plan or
coverage provides for a permanent exclusion from such
benefits for a particular condition or disorder.''; and
(2) by adding at the end the following new subsection:
``(f) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(b) ERISA.--Section 712 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a) is amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan (or health insurance coverage offered
in connection with such a plan) to which subparagraph
(A) applies shall be considered in violation of
subparagraph (A)(ii) if the mental health or substance
use disorder benefits under such plan (or coverage)
provides for a permanent exclusion from such benefits
for a particular condition or disorder.''; and
(2) by adding at the end the following new subsection:
``(h) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(c) IRC.--Section 9812 of the Internal Revenue Code of 1986 (26
U.S.C. 9812) is amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan to which subparagraph (A) applies
shall be considered in violation of subparagraph
(A)(ii) if the mental health or substance use disorder
benefits under such plan provides for a permanent
exclusion from such benefits for a particular condition
or disorder.''; and
(2) by adding at the end the following new subsection:
``(f) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(d) Limitation.--Nothing in this section or the amendments made by
this section shall be construed as adding or expanding the scope of
mental health or addiction services included under section 2726 of the
Public Health Service Act (42 U.S.C. 300gg-26), section 712 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), or
section 9812 of the Internal Revenue Code of 1986 (26 U.S.C. 9812).
SEC. 10. REPORT BY FEDERAL TRADE COMMISSION.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Federal Trade Commission shall submit to
Congress a report that contains--
(1) a strategy to reduce the use, in advertising and other
media for the promotion of commercial products, of images that
have been altered to materially change the physical
characteristics of the faces and bodies of the individuals
depicted; and
(2) recommendations for an appropriate, risk-based
regulatory framework with respect to such use.
(b) Input of External Stakeholders and Experts.--In preparing the
report required under subsection (a), the Federal Trade Commission
shall solicit input from external stakeholders and experts on the
strategy and recommendations required to be included in such report.
The Commission, in consultation with the Director of the National
Institute of Mental Health and the Administrator of the Substance Abuse
and Mental Health Services Administration, shall ensure that input is
obtained from an appropriate number of stakeholders and experts and, to
the extent practicable, from stakeholders and experts that are
geographically and culturally diverse and that include stakeholders and
experts from the physical and mental health, business, and consumer
advocacy communities.
SEC. 11. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act. This Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Referred to the Subcommittee on Health.
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