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Code · BILL · 119th Congress · H.R. 8390 (Introduced in House) — To provide for the establishment or expansion of Food as Medicine programs, and for other purposes. · Sec. 2

Sec. 2. Food as Medicine Medicaid waiver grant program

1,063 words·~5 min read·/bill/119/hr/8390/ih/section-2

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The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a program under which the Secretary shall award grants to States to plan, implement, expand, or evaluate Food as Medicine programs. A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In awarding grants under this section, the Secretary shall give priority to States that have, as of the date of submission of the application for a grant under this section, a partnership with— a network of health care providers that includes public, nonprofit, and community-based organizations or entities, and community health clinics, including Federally qualified health centers (as defined in section 1861 of the Social Security Act ( 42 U.S.C. 1395x )); or public, nonprofit, socially disadvantaged, and community-based organizations or entities that provide locally-sourced (or regionally-sourced, if locally-sourced produce is not available) agricultural products (as defined in section 207 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1626 )) grown, or working to transition to, a covered method of production.
A State that receives a grant under this section shall use funds received through the grant to establish, implement, and expand Food as Medicine interventions to reduce nutrition-related chronic conditions, address food and nutrition insecurity, and improve health through providing locally-sourced (or regionally-sourced, if locally-sourced produce is not available) agricultural products grown, or working to transition to, a covered method of production. Not less than 3 years after the date on which a State receives a grant under this section, such State shall provide to the Secretary a report that contains— an evaluation of the impact of the Food as Medicine program established or expanded in such State, including relevant data collected under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); the impact of the Food as Medicine program on, with respect to individuals participating in such program, the appropriate health, nutrition, and associated behavioral outcome baseline information for such individuals that is relevant to the stated goals and desired outcomes of the pilot project; to the extent possible, the Food as Medicine Program’s impact on hospital admissions and readmissions, admissions into long-term care facilities, medication utilization, emergency room utilization rates, primary care, specialty care, primary care medical home engagement, patient experience, and health care team engagement; other relevant findings, including recommendations on strengthening the administration of the program and resources needed to support and strengthen the Food as Medicine program.
In this section: The term covered method of production means, with respect to an agricultural product, that the product is— regeneratively produced; organically produced; or regeneratively and organically produced. The term Food as Medicine program means a program under which a State pursuant to a waiver under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) provides to individuals eligible to receive medical assistance under such waiver medically supportive food and nutrition interventions.
The term food hub means a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products primarily from local and regional producers to strengthen their ability to satisfy wholesale, retail, and institutional demand. The term medically supportive food and nutrition interventions means interventions that provide culturally-appropriate, nutrient-rich whole food (including any fresh vegetables and fruit, legume, nut, seed, whole grain, low-mercury and high-omega-3 fatty acid seafood, or lean animal protein) prescribed by a health care professional for the prevention, reversal, or treatment of certain health conditions.
Such term includes the following interventions: Meals that are— tailored to a recipient’s health conditions by a registered dietitian nutritionist and adhere to standards informed by available dietary recommendations for specific health conditions or dietary therapies. based on evidence-based nutritional practice guidelines; and consistent with the Dietary Guidelines for Americans established under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ).
Produce (vegetables and fruit) prescriptions, delivered or procured from in a grocery store, farm, farmers’ market, or food hub, that are consistent with the Dietary Guidelines for Americans established under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). Nutrition coaching or counseling, group medical visits, cooking education and tools, health coaching, and other behavioral supports based on a recipient’s medical conditions, when paired with the interventions described in subparagraphs
(A)and (B). The term organically produced means, with respect to an agricultural product, that the product is— certified under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ) as organically produced; or verified through a community-based, culturally-appropriate verification program under the Organic Foods Production Act of 1990 as organically produced. The term regeneratively produced means, with respect to an agricultural product, that the product is produced— using an integrated approach to farming and ranching rooted in the principles of soil health leading to improved target outcomes, including— building soil health; restoring and maintaining water resources; protecting air quality; sequestering greenhouse gas emissions; using sustainable and integrated pest management to eliminate reliance on pesticides; improving nutrient cycling to reduce use of external fertilizers; supporting Native-led stewardship practices (as described in Order No. 3403 entitled Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters published jointly by the Secretary of Agriculture and the Secretary of the Interior on November 15, 2021); and fostering wildlife and animal welfare; and in a manner that fosters community and social wellness, including— improving human health in rural and urban communities; creating supportive livelihoods (worker conditions, safety) and durable solutions for a healthy food and agriculture workforce; creating economic vitality for farmers, ranchers, and a healthy food and agriculture workforce; and optimizing the above target outcomes to ensure that there is minimal negative impact on other target outcomes. The term regeneratively-organically produced means, with respect to an agricultural product, that the product is produced— using some organic methods, as described in the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ); and using some methods included in the integrated approach described in paragraph (5). The term State each of the several States and each territory and possession of the United States.
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