I 

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. 

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 Practi5 tioner Disaster Protection Act’’. 


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1 SEC. 2. COVERAGE OF CLAIMS AGAINST PRACTITIONERS 

2 PROVIDING HEALTH PROFESSIONAL VOLUN3 TEER SERVICES AT COMMUNITY HEALTH 

4 CENTERS DURING DECLARED EMERGENCIES. 

5 (a) IN GENERAL.—Section 224(q)(3) of the Public 

6 Health Service Act (42 U.S.C. 233(q)(3)) is amended by 

7 adding at the end the following: 

8 ‘‘(E) Notwithstanding the process described in 

9 clauses (i) and (ii) of subparagraph (B), a health 

10 care practitioner who is a health professional volun11 teer sponsored by an entity described in subsection 

12 (g)(4) shall be deemed to be sponsored by another 

13 entity described in subsection (g)(4) if— 

14 ‘‘(i) such other entity seeks the assistance 

15 of such health professional volunteer for pur16 poses of responding to a declared emergency; 

17 ‘‘(ii) such other entity submits a notifica18 tion of such assistance to the Secretary not 

19 later than 15 days after the first day on which 

20 such volunteer is to begin service at such entity; 

21 and 

22 ‘‘(iii) such volunteer is serving at such en23 tity pursuant to such notification during a cov24 ered service period. 

25 ‘‘(F) For purposes of subparagraph (E): 


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•HR 5829 IH

1 ‘‘(i) The term ‘covered service period’ 

2 means the period— 

3 ‘‘(I) beginning on the later of— 

4 ‘‘(aa) the date on which the vol5 unteer begins service at another entity 

6 described in subsection (g)(4); or 

7 ‘‘(bb) the first day of a declared 

8 emergency, as determined by the Sec9 retary, acting through the Adminis10 trator of the Health Resources and 

11 Services Administration; and 

12 ‘‘(II) ending on the earliest of— 

13 ‘‘(aa) the date on which the de14 clared emergency ends; 

15 ‘‘(bb) the date on which the pro16 vider stops volunteering at such other 

17 entity; or 

18 ‘‘(cc) 90 days after the date de19 termined under subclause (I). 

20 ‘‘(ii) The term ‘declared emergency’ 

21 means— 

22 ‘‘(I) an emergency or disaster de23 clared by the President pursuant to the 

24 National Emergencies Act or the Robert T. 


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1 Stafford Disaster Relief and Emergency 

2 Assistance Act; and 

3 ‘‘(II) a public health emergency de4 clared by the Secretary pursuant to section 

5 319.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 224(q) of 

7 the Public Health Service Act (42 U.S.C. 233(q)) is 

8 amended— 

9 (1) in paragraph (2)— 

10 (A) in subparagraph (B), by inserting be11 fore the period at the end the following: ‘‘(or is 

12 deemed to be sponsoring a health care practi13 tioner pursuant to paragraph (3)(E))’’; and 

14 (B) in subparagraph (E), by inserting be15 fore the period at the end the following: ‘‘(and 

16 in the case of a health care practitioner pro17 viding services at another entity described in 

18 subsection (g)(4) pursuant to paragraph (3)(E), 

19 the State in which such other entity is lo20 cated)’’; and 

21 (2) in paragraph (3)(B), in the matter pre22 ceding clause (i), by striking ‘‘With respect’’ and in23 serting ‘‘Except as provided in subparagraph (E), 

24 with respect’’. 

Æ 


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