Health Care Practitioner Disaster Protection Act
This bill extends certain liability protections available for health care practitioners who provide voluntary health care services in declared emergencies through a community health center other than the one that initially sponsored them.
Current law makes the liability protections available to volunteer practitioners that are sponsored by a particular community health center. This bill maintains the liability protections for a volunteer practitioner who provides services through a different community health center if the center (1) seeks the assistance of the volunteer practitioner to respond to a declared emergency, and (2) promptly notifies the Department of Health and Human Services that the volunteer practitioner will be providing services.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5829 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5829
To amend title II of the Public Health Service Act to provide clarity
with respect to coverage of claims against health care practitioners
providing health professional volunteer services at community health
centers during declared emergencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2023
Mr. Barr (for himself, Ms. Kuster, Ms. Tokuda, Ms. Jackson Lee, Ms.
Wild, Mr. Moylan, Mr. Rogers of Alabama, Mr. Pappas, Mr. Bucshon, Mr.
Meuser, Mr. Rogers of Kentucky, Mr. Smith of Nebraska, Mr. Davis of
North Carolina, and Mr. Mann) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title II of the Public Health Service Act to provide clarity
with respect to coverage of claims against health care practitioners
providing health professional volunteer services at community health
centers during declared emergencies.
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 ``Health Care Practitioner Disaster
Protection Act''.
SEC. 2. COVERAGE OF CLAIMS AGAINST PRACTITIONERS PROVIDING HEALTH
PROFESSIONAL VOLUNTEER SERVICES AT COMMUNITY HEALTH
CENTERS DURING DECLARED EMERGENCIES.
(a) In General.--Section 224(q)(3) of the Public Health Service Act
(42 U.S.C. 233(q)(3)) is amended by adding at the end the following:
``(E) Notwithstanding the process described in clauses (i)
and (ii) of subparagraph (B), a health care practitioner who is
a health professional volunteer sponsored by an entity
described in subsection (g)(4) shall be deemed to be sponsored
by another entity described in subsection (g)(4) if--
``(i) such other entity seeks the assistance of
such health professional volunteer for purposes of
responding to a declared emergency;
``(ii) such other entity submits a notification of
such assistance to the Secretary not later than 15 days
after the first day on which such volunteer is to begin
service at such entity; and
``(iii) such volunteer is serving at such entity
pursuant to such notification during a covered service
period.
``(F) For purposes of subparagraph (E):
``(i) The term `covered service period' means the
period--
``(I) beginning on the later of--
``(aa) the date on which the
volunteer begins service at another
entity described in subsection (g)(4);
or
``(bb) the first day of a declared
emergency, as determined by the
Secretary, acting through the
Administrator of the Health Resources
and Services Administration; and
``(II) ending on the earliest of--
``(aa) the date on which the
declared emergency ends;
``(bb) the date on which the
provider stops volunteering at such
other entity; or
``(cc) 90 days after the date
determined under subclause (I).
``(ii) The term `declared emergency' means--
``(I) an emergency or disaster declared by
the President pursuant to the National
Emergencies Act or the Robert T. Stafford
Disaster Relief and Emergency Assistance Act;
and
``(II) a public health emergency declared
by the Secretary pursuant to section 319.''.
(b) Conforming Amendments.--Section 224(q) of the Public Health
Service Act (42 U.S.C. 233(q)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by inserting before the
period at the end the following: ``(or is deemed to be
sponsoring a health care practitioner pursuant to
paragraph (3)(E))''; and
(B) in subparagraph (E), by inserting before the
period at the end the following: ``(and in the case of
a health care practitioner providing services at
another entity described in subsection (g)(4) pursuant
to paragraph (3)(E), the State in which such other
entity is located)''; and
(2) in paragraph (3)(B), in the matter preceding clause
(i), by striking ``With respect'' and inserting ``Except as
provided in subparagraph (E), with respect''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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