II 

113TH CONGRESS 

1ST SESSION S. 961 

To improve access to emergency medical services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2013 

Mr. BLUNT introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To improve access to emergency medical services, 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 ‘‘Health Care Safety 

5 Net Enhancement Act of 2013’’. 

6 SEC. 2. CONSTITUTIONAL AUTHORITY. 

7 The constitutional authority upon which this Act 

8 rests is the power of the Congress to provide for the gen9 eral welfare, to regulate commerce, and to make all laws 

10 which shall be necessary and proper for carrying into exeVerDate Mar 15 2010 02:53 May 22, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S961.IS S961

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1 cution Federal powers, as enumerated in section 8 of arti2 cle I of the Constitution of the United States. 

3 SEC. 3. PROTECTION FOR EMERGENCY AND RELATED 

4 SERVICES FURNISHED PURSUANT TO 

5 EMTALA. 

6 Section 224(g) of the Public Health Service Act (42 

7 U.S.C. 233(g)) is amended— 

8 (1) in paragraph (4), by striking ‘‘An entity’’ 

9 and inserting ‘‘Subject to paragraph (6), an entity’’; 

10 and 

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

12 ‘‘(6)(A) For purposes of this section— 

13 ‘‘(i) an entity described in subparagraph 

14 (B) shall be considered to be an entity de15 scribed in paragraph (4); and 

16 ‘‘(ii) the provisions of this section shall 

17 apply to an entity described in subparagraph 

18 (B) in the same manner as such provisions 

19 apply to an entity described in paragraph (4), 

20 except that— 

21 ‘‘(I) notwithstanding paragraph 

22 (1)(B), the deeming of any entity described 

23 in subparagraph (B), or of an officer, gov24 erning board member, employee, con25 tractor, or on-call provider of such an entiVerDate Mar 15 2010 02:53 May 22, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S961.IS S961

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1 ty, to be an employee of the Public Health 

2 Service for purposes of this section shall 

3 apply only with respect to items and serv4 ices that are furnished to an individual 

5 pursuant to section 1867 of the Social Se6 curity Act and to post stabilization services 

7 (as defined in subparagraph (D)) furnished 

8 to such an individual; 

9 ‘‘(II) nothing in paragraph (1)(D) 

10 shall be construed as preventing a physi11 cian or physician group described in sub12 paragraph (B)(ii) from making the appli13 cation referred to in such paragraph or as 

14 conditioning the deeming of a physician or 

15 physician group that makes such an appli16 cation upon receipt by the Secretary of an 

17 application from the hospital or emergency 

18 department that employs or contracts with 

19 the physician or group, or enlists the phy20 sician or physician group as an on-call pro21 vider; 

22 ‘‘(III) notwithstanding paragraph (3), 

23 this paragraph shall apply only with re24 spect to causes of action arising from acts 


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1 or omissions that occur on or after Janu2 ary 1, 2014; 

3 ‘‘(IV) paragraph (5) shall not apply to 

4 a physician or physician group described in 

5 subparagraph (B)(ii); 

6 ‘‘(V) the Attorney General, in con7 sultation with the Secretary, shall make 

8 separate estimates under subsection (k)(1) 

9 with respect to entities described in sub10 paragraph (B) and entities described in 

11 paragraph (4) (other than those described 

12 in subparagraph (B)), and the Secretary 

13 shall establish separate funds under sub14 section (k)(2) with respect to such groups 

15 of entities, and any appropriations under 

16 this subsection for entities described in 

17 subparagraph (B) shall be separate from 

18 the amounts authorized by subsection 

19 (k)(2); 

20 ‘‘(VI) notwithstanding subsection 

21 (k)(2), the amount of the fund established 

22 by the Secretary under such subsection 

23 with respect to entities described in sub24 paragraph (B) may exceed a total of 

25 $10,000,000 for a fiscal year; and 


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1 ‘‘(VII) subsection (m) shall not apply 

2 to entities described in subparagraph (B). 

3 ‘‘(B) An entity described in this subparagraph 

4 is— 

5 ‘‘(i) a hospital or an emergency depart6 ment to which section 1867 of the Social Secu7 rity Act applies; and 

8 ‘‘(ii) a physician or physician group that is 

9 employed by, is under contract with, or is an 

10 on-call provider of such hospital or emergency 

11 department, to furnish items and services to in12 dividuals under such section. 

13 ‘‘(C) For purposes of this paragraph, the term 

14 ‘on-call provider’ means a physician or physician 

15 group that— 

16 ‘‘(i) has full, temporary, or locum tenens 

17 staff privileges at a hospital or emergency de18 partment to which section 1867 of the Social 

19 Security Act applies; and 

20 ‘‘(ii) is not employed by or under contract 

21 with such hospital or emergency department, 

22 but agrees to be ready and available to provide 

23 services pursuant to section 1867 of the Social 

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1 gency department with or without compensation 

2 from the hospital or emergency department. 

3 ‘‘(D) For purposes of this paragraph, the term 

4 ‘post stabilization services’ means, with respect to an 

5 individual who has been treated by an entity de6 scribed in subparagraph (B) for purposes of com7 plying with section 1867 of the Social Security Act, 

8 services that are— 

9 ‘‘(i) related to the condition that was so 

10 treated; and 

11 ‘‘(ii) provided after the individual is sta12 bilized in order to maintain the stabilized condi13 tion or to improve or resolve the condition of 

14 the individual. 

15 ‘‘(E)(i) Nothing in this paragraph (or in any 

16 other provision of this section as such provision ap17 plies to entities described in subparagraph (B) by 

18 operation of subparagraph (A)) shall be construed as 

19 authorizing or requiring the Secretary to make pay20 ments to such entities, the budget authority for 

21 which is not provided in advance by appropriation 

22 Acts. 

23 ‘‘(ii) The Secretary shall limit the total amount 

24 of payments under this paragraph for a fiscal year 

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1 propriation Acts for such purpose for such fiscal 

2 year. If the total amount of payments that would 

3 otherwise be made under this paragraph for a fiscal 

4 year exceeds such total amount appropriated, the 

5 Secretary shall take such steps as may be necessary 

6 to ensure that the total amount of payments under 

7 this paragraph for such fiscal year does not exceed 

8 such total amount appropriated.’’. 

Æ 


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