Hurricane Katrina Emergency Health Workforce Act of 2005 - Requires the Secretary of Health and Human Services to establish the National Emergency Health Professionals Volunteer Corps to provide for an adequate supply of health professionals in the event of an emergency.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national database of health professionals to increase health preparedness for federal emergencies.
Includes service by physicians and other health professionals who are providing treatment or services related to a declared major disaster as "service in the uniformed services" for purposes of employment and reemployment benefits.
Amends the Public Health Service Act and title XVIII (Medicare) of the Social Security Act to require hospitals that receive federal payments for graduate medical education costs to provide disaster preparedness training as part of any approved graduate medical residency training program provided by the hospital.
Deems volunteer health professionals providing a qualifying health service related to a declared major disaster to be employees of the Public Health Service for purposes of liability protection.
Authorizes the Secretary to suspend state health professional licensing and certification requirements for health professionals that are operating in such state during a declared major disaster.
Authorizes the Secretary and the Secretary of Homeland Security to waive any federal requirements applicable to health professions that would limit the ability of health professionals to provide volunteer medical services related to a declared major disaster.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1638
To provide for the establishment of programs and activities to assist
in mobilizing an appropriate healthcare workforce in the event of a
health emergency or natural disaster.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2005
Mr. Obama introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for the establishment of programs and activities to assist
in mobilizing an appropriate healthcare workforce in the event of a
health emergency or natural disaster.
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 ``Hurricane Katrina Emergency Health
Workforce Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corps.--The term ``Corps'' means the National Emergency
Health Professionals Volunteer Corps established under section
3.
(2) FEMA.--The term ``FEMA'' means the Federal Emergency
Management Agency of the Emergency Preparedness and Response
Directorate, Department of Homeland Security.
(3) Health professional.--The term ``health professional''
means a physician, nurse, mental health provider, paramedic,
pharmacist, public health practitioner, veterinarian,
epidemiologist, statistician, laboratorian, infectious disease
specialist, and other individual provider of health-related
services as designated by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. NATIONAL EMERGENCY HEALTH PROFESSIONALS VOLUNTEER CORPS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a National
Emergency Health Professionals Volunteer Corps to provide for an
adequate supply of health professionals in the case of a Federal, State
or local emergency. The Corps shall be headed by a Director to be
appointed by the Secretary.
(b) Duties.--The Director of the Corps shall conduct the following
activities:
(1) Analysis of need to determine the number and types of
Corps volunteers that are needed.
(2) Determination of minimum licensing or credentialing
standards for each type of Corps volunteers.
(3) Recruitment and retention of health professionals.
(4) Development of the Corps volunteer certification
program in accordance with subsection (d).
(5) Development of training programs.
(6) Development of protocols for contact and deployment of
Corps volunteers.
(7) Coordination of Corps volunteers with Medical Reserve
Corps and other volunteer networks.
(c) Composition.--The Corps shall be composed of health
professionals who--
(1) have training and expertise in the areas of medicine,
nursing, mental health, public health, pharmacy, dentistry,
emergency medical services, veterinary science, laboratory
science, and other areas as determined appropriate by the
Director of the Corps;
(2) have been certified in accordance with the
certification program developed under subsection (b)(4);
(3) are geographically diverse in residence; and
(4) are willing to be deployed in case of emergency.
(d) Certification.--The Director of the Corps, in collaboration
with the Director of FEMA and the Administrator of the Health Resources
and Services Administration, shall establish a program for the periodic
certification of health professionals who volunteer for the Corps which
shall include, with respect to the health professional involved, an
assessment of--
(1) the professional expertise and training of the
professional, including licensure and credentialing as
appropriate;
(2) the completion by the professional of the training
programs developed under subsection (b)(5), as required by the
Director; and
(3) the preparedness of the professional for emergency
response which may include written examination and hands-on
skill assessment.
(e) Deployment.--
(1) In general.--During a Federal, State, or local
emergency (as designated by the Secretary or the Secretary of
Homeland Security), the Secretary, in consultation with the
Secretary of Homeland Security, shall have the authority to
deploy members of the Corps to areas of need, based on the
medical expertise required.
(2) Limitation.--State and local officials shall have no
authority to deploy members of the Corps, but may request the
services of such members.
(f) Compensation, Expenses, and Transportation.--While engaged in
performing duties as a member of the Corps pursuant to an assignment by
the Secretary (including periods of travel to facilitate such
assignment), members of the Corps who are not otherwise employed by the
Federal Government shall be--
(1) compensated for temporary or intermittent services as
experts or consultants as provided for under section 3109 of
title 5, United States Code; and
(2) allowed travel or transportation expenses, including
per diem in lieu of subsistence, as provided for under section
5703 of such title.
(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this Act (and
the amendments made by this Act) for each of fiscal years 2006 through
2010.
SEC. 4. HEALTH PROFESSIONAL DATABASE.
(a) Establishment.--Not later than 12 months after the date of
enactment of this Act, the Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director''), in
collaboration with the Administrator of the Health Resources and
Services Administration, State medical and nursing licensing boards,
medical and nursing professional societies, and other relevant
entities, shall establish a national database of health professionals
(including physicians, nurses, and other health professionals
determined appropriate by the Director) to increase health preparedness
for Federal emergencies.
(b) Requirements of Database.--The database established under
subsection (a) shall include--
(1) With respect to each health professional listed in the
database--
(A) the name and contact information of the
professional;
(B) the State or States in which the professional
is licensed or certified;
(C) the area or areas in which the professional has
specialty or subspecialty training; and
(D) a description of the emergency response
training received by the professional; and
(2) the names of each members of the Corps, the Medical
Reserve Corps, the National Disaster Medical System, the
Commissioned Corps of the Public Health Services, and any other
relevant federally-sponsored or administered programs.
(c) Accessibility.--The Director shall ensure that the database
established under subsection (a) is electronically accessible by State
and local health departments. In the case of a disaster or other
emergency that results in a loss of electrical power, the Director
shall ensure that the affected State or locality has access to the
database through other means.
(d) Updating of Information.--The Director shall, on at least a
biennial basis, provide for the updating of the information contained
in the database.
SEC. 5. PROTECTION OF HEALTH PROFESSIONAL VOLUNTEERS.
Section 4303(13) of title 38, United States Code, is amended by
adding at the end the following: ``Such term shall include physicians
or other health professionals (as defined in section 2 of the Hurricane
Katrina Emergency Health Workforce Act of 2005) who are providing
medical treatment or services related to a major disaster as declared
by the President under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including
members of the National Emergency Health Professionals Volunteer Corps,
health professionals who are activated by the Federal Emergency
Management Agency, and other health professionals who provide services
on a volunteer basis in a formal capacity as determined by the
Secretary of Health and Human Services or the Secretary of Homeland
Security. The Secretary shall promulgate guidelines to implement the
previous sentence.''.
SEC. 6. PREPAREDNESS TRAINING REQUIREMENTS.
(a) Children's Hospitals That Operate Graduate Medical Education
Programs.--Section 340E of the Public Health Service Act (42 U.S.C.
256e) is amended by adding at the end the following:
``(h) Requirement to Provide Disaster Preparedness Training.--To be
eligible to receive a payment under this section, a children's hospital
shall provide disaster preparedness training as part of any approved
graduate medical residency training program provided by the
hospital.''.
(b) Medicare Graduate Medical Education Programs.--
(1) In general.--Section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)) is amended by adding at the end the
following:
``(8) Requirement for disaster preparedness training.--In
order to be eligible to receive a payment under this
subsection, a hospital shall provide disaster preparedness
training as part of any approved medical residency training
program provided by the hospital.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2007.
SEC. 7. LIABILITY PROTECTIONS.
Section 224 of the Public Health Service Act (42 U.S.C. 233) is
amended by adding at the end the following:
``(q) Volunteer Services Provided by Health Professionals During
Disasters.--
``(1) In general.--Notwithstanding any other provision of
law, for purposes of this section, a volunteer health
professional shall in providing a qualifying health service
related to a major disaster as declared by the President under
the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be
deemed to be an employee of the Public Health Service. The
preceding sentence is subject to the provisions of this
subsection.
``(2) Volunteer health professional.--In providing a
qualifying health service to an individual, a health
professional shall for purposes of this subsection be
considered to a volunteer health professional if the following
conditions are met:
``(A) The service is provided to the individual as
a result of the occurrence of a major disaster as
declared by the President under the authority of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
``(B) The service is a qualifying health service
(as defined in paragraph (3)(B)).
``(C) Neither the health professional or any
institution receives any compensation for the service
from the individual or from any third-party payor
(including reimbursement under any insurance policy or
health plan, or under any Federal or State health
benefits program). With respect to compliance with such
condition, the health professional may receive
repayment from a Federal or State agency for reasonable
expenses incurred by the health professional in the
provision of the service to the individual.
``(3) Definitions.--
``(A) Health professional.--In this subsection, the
term `health professional' means a physician, nurse,
mental health provider, pharmacist, paramedic, and
other individual provider as designated by the
Secretary.
``(B) Qualifying health service.--In this
subsection, the term `qualifying health service' means
any medical assistance provided during, and as the
result of the occupancy of, a major disaster as
declared by the President under the authority of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
``(4) Application of provisions.--Subsection (g) (other
than paragraphs (3) through (5)) and subsections (h), (i), and
(l) shall apply to a volunteer health professional for purposes
of this subsection to the same extent and in the same manner as
such subsections apply to an officer, governing board member,
employee, or contractor of an entity described in subsection
(g)(4), subject to paragraph (5) and subject to the following:
``(A) The first sentence of paragraph (1) applies
in lieu of the first sentence of subsection (g)(1)(A).
``(B) In the case of a health professional who is
determined by the Secretary pursuant to subsection
(g)(1)(E) to be a volunteer health professional, this
subsection applies to the health professional (with
respect to the institution or facility sponsoring the
health professional for any cause of action arising
from an act or omission of the health professional
occurring on or after the date on which the Secretary
makes such determination and until the major disaster
involved has ended.
``(C) Subsection (g)(1)(F) applies to a health
professional for purposes of this subsection only to
the extent that, in providing health services to an
individual, each of the conditions specified in
paragraph (2) is met.
``(5) Authorization of appropriations.--
``(A) In general.--For purposes of making payments
for judgments against the United States (together with
related fees and expenses of witnesses) pursuant to
this section arising from the acts or omissions of
volunteer health professionals, there is authorized
such sums as may be necessary in each fiscal year.
``(B) Fund.--The Secretary shall establish a fund
for purposes of this subsection. Each fiscal year
amounts appropriated under subparagraph (A) shall be
deposited in such fund.
``(C) Estimates.--Not later than May 1 of each
fiscal year, the Attorney General, in consultation with
the Secretary, shall submit to the Congress a report
providing an estimate of the amount of claims (together
with related fees and expenses of witnesses) that, by
reason of the acts or omissions of volunteer health
professionals, will be paid pursuant to this subsection
during the calendar year that begins in the following
fiscal year. Subsection (k)(1)(B) applies to the
estimate under the preceding sentence regarding
volunteer health professionals to the same extent and
in the same manner as such subsection applies to the
estimate under such subsection regarding officers,
governing board members, employees, and contractors of
entities described in subsection (g)(4).
``(D) Transfers.--Not later than December 31 of
each fiscal year, the Secretary shall transfer from the
fund under subparagraph (B) to the appropriate accounts
in the Treasury an amount equal to the estimate made
under subparagraph (C) for the calendar year beginning
in such fiscal year, subject to the extent of amounts
in the fund.
``(6) Regulations.--The Secretary may issue regulations for
carrying out this subsection.''.
SEC. 8. SUSPENSION OF STATE LICENSURE REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall have the authority to suspend the application of State
health professional licensing and certification requirements with
respect to health professionals that are operating in such State during
a major disaster as declared by the President under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) pursuant to an assignment or request for services
from the Secretary, the Director of FEMA, or the Director of the Corps.
This subsection shall only be applicable with respect to health
professionals who are licensed or certified in a State other than the
State in which the disaster is occurring.
(b) Limitation.--Subsection (a) shall not apply in the case of
health professionals who have had their license or certification
suspended or revoked, or who are the subject of a disciplinary action
at the time of the application of such subsection.
SEC. 9. GENERAL WAIVER AUTHORITY.
Notwithstanding any other provision of law, the Secretary and the
Secretary of Homeland Security shall have the authority to waive any
requirement of Federal law applicable to health professions if such
requirement would limit the ability of health professionals to provide
volunteer medical services related to a major disaster as declared by
the President under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9844-9845)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line