I 

116TH CONGRESS 

2D SESSION H. R. 7538 

To amend the Families First Coronavirus Response Act to provide paid 

sick leave for health care providers and emergency responders, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2020 

Mr. KELLY of Pennsylvania introduced the following bill; which was referred 

to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and the Judiciary, 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 Families First Coronavirus Response Act to 

provide paid sick leave for health care providers and 

emergency responders, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Essential Workforce 

5 Parity Act’’. 


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1 SEC. 2. AMENDMENTS. 

2 (a) IN GENERAL.—Section 5102 of the Families 

3 First Coronavirus Response Act (29 U.S.C. 2601 note) 

4 is amended— 

5 (1) in subsection (a), in the matter following 

6 paragraph (6)— 

7 (A) by inserting ‘‘of paragraphs (1), (3), 

8 (4), (5), and (6)’’ after ‘‘employee from the ap9 plication’’; and 

10 (B) by adding ‘‘Paragraph (2) shall apply 

11 with respect to an employee who is a health 

12 care provider by substituting ‘because such pro13 vider determines that the employee has tested 

14 positive for COVID–19 or attests that the em15 ployee is at greater risk for COVID–19 because 

16 the employee is living with someone who has 

17 tested positive for COVID–19.’ for ‘due to con18 cerns related to COVID-19’.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(g) CERTIFICATION FOR HEALTH CARE PRO21 VIDERS.— 

22 ‘‘(1) IN GENERAL.—If an employer requires 

23 that a request for leave by a health care provider 

24 under subsection (a)(2) be certified, the employer 

25 may require documentation for certification not earVerDate Sep 11 2014 01:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7538.IH H7538

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1 lier than 5 weeks after the date on which the em2 ployee takes such leave. 

3 ‘‘(2) SUFFICIENT DOCUMENTATION.—Docu4 mentation of a positive COVID–19 test or an attes5 tation from a health care provider of an employee 

6 that the employee meets the requirements under 

7 subsection (a)(2) shall be sufficient for certifi8 cation.’’. 

9 (b) REGULATORY AUTHORITY.—Section 5111 of the 

10 Families First Coronavirus Response Act (29 U.S.C. 2601 

11 note) is amended by striking paragraph (1) and redesig12 nating paragraphs (2) and (3) as paragraphs (1) and (2), 

13 respectively. 

14 SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PRO15 FESSIONALS AND RELATED HEALTH CARE 

16 ENTITIES RELATED TO COVID–19 EMER17 GENCY RESPONSE. 

18 (a) LIMITATION ON LIABILITY.—Except as provided 

19 in subsection (c), a health care professional, the profes20 sional’s related health care entity, and any other staff of 

21 the related health care entity, shall not be liable for dam22 ages under any law of the United States or of any State 

23 (or political subdivision thereof) for any harm caused by 

24 any act or omission of such health care professional, reVerDate Sep 11 2014 01:34 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7538.IH H7538

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1 lated health care entity, or other staff, in the course of 

2 arranging for or providing health care services if— 

3 (1) the act or omission occurs during the 

4 COVID–19 emergency period and the 60-day period 

5 following such emergency period; 

6 (2) the act or omission occurs in the course of 

7 providing health care services that— 

8 (A) are within the scope of the license, reg9 istration, or certification of the health care pro10 fessional, as defined by the health care profes11 sional’s State of licensure, registration, or cer12 tification; and 

13 (B) do not exceed the scope of license, reg14 istration, or certification of a substantially simi15 lar health professional in the State in which 

16 such act or omission occurs; and 

17 (3) the health care services in question were 

18 provided in good faith or were withheld for reasons 

19 related to the COVID–19 emergency period. 

20 (b) ADDITIONAL COVERED ACTS.—Except as pro21 vided under subsection (c), the limitation on liability under 

22 subsection (a) shall apply to any act or omission that may 

23 be outside the health care professional’s normal area of 

24 practice and are within the licensure and accreditation of 

25 the related health care entity that is— 


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1 (1) based on any direction, guidance, rec2 ommendation, or other statement made by a Fed3 eral, State, or local official to address or in response 

4 to the COVID–19 emergency period; 

5 (2) based on any guidance published by any 

6 Federal, State, or local department or any division 

7 or agency of such department in response to the 

8 COVID–19 emergency period; or 

9 (3) undertaken or omitted due to a lack of re10 sources, including manpower, attributable to the 

11 COVID–19 emergency period. 

12 (c) EXCEPTIONS.—Subsections (a) and (b) do not 

13 apply if— 

14 (1) the harm was caused by an act or omission 

15 constituting willful or criminal misconduct, gross 

16 negligence, reckless misconduct, or a conscious fla17 grant indifference to the rights or safety of the indi18 vidual harmed by the health care professional or re19 lated health care entity; or 

20 (2) the health care professional rendered the 

21 health care services under the influence (as deter22 mined pursuant to applicable State law) of alcohol 

23 or an intoxicating drug (other than where the health 

24 care professional is properly taking a prescription 

25 drug ordered by a physician). 


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1 (d) PREEMPTION.— 

2 (1) IN GENERAL.—This section preempts the 

3 laws of a State or any political subdivision of a State 

4 to the extent that such laws are inconsistent with 

5 this section, unless such laws provide greater protec6 tion from liability. 

7 (2) VOLUNTEER PROTECTION ACT.—Protec8 tions afforded by this section are in addition to those 

9 provided by the Volunteer Protection Act of 1997 

10 (Public Law 105–19). 

11 (e) DEFINITIONS.—In this section— 

12 (1) the term ‘‘harm’’ includes physical, non13 physical, economic, and noneconomic injury or 

14 losses; 

15 (2) the term ‘‘health care professional’’ means 

16 an individual who is licensed, registered, or certified 

17 under Federal or State law to provide health care 

18 services; 

19 (3) the term ‘‘related health care entity’’ means 

20 an entity with which a health care professional has 

21 a professional affiliation under which the health care 

22 professional performs health care services, including 

23 any such skilled nursing facility, hospital, academic 

24 medical center, ambulatory surgical center, group 

25 medical practice, or medical clinic; 


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1 (4) the term ‘‘professional affiliation’’ means 

2 staff privileges, medical staff membership, employ3 ment or contractual relationship, partnership or 

4 ownership interest, academic appointment, or other 

5 affiliation under which a health care professional 

6 provides health care services on behalf of, or in asso7 ciation with, the related health care entity; 

8 (5) the term ‘‘health care services’’ means any 

9 services rendered or items provided by a health care 

10 professional or the professional’s related health care 

11 entity, or by any individual working under the super12 vision of a health care professional, that relate to— 

13 (A) the treatment, diagnosis, prevention, 

14 or mitigation of COVID–19; 

15 (B) treatment, diagnosis, or care with re16 spect to an individual with a confirmed or sus17 pected case of COVID–19; or 

18 (C) treatment, diagnosis, or care with re19 spect to an individual who presents to a health 

20 care professional or the professional’s related 

21 health care entity during the COVID–19 emer22 gency period; and 

23 (6) the term ‘‘COVID–19 emergency period’’ 

24 has the meaning given the term ‘‘emergency period’’ 


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1 in section 1135(g)(1)(B) of the Social Security Act 

2 (42 U.S.C. 1320b–5(g)(1)(B)). 

3 (f) EFFECTIVE DATE.—This section shall apply with 

4 respect to any act or omission described in this section 

5 that occurred on or after the date on which the COVID– 

6 19 emergency period began. 

Æ 


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