Physician Availability Act of 2013

To assure that the services of a nonemergency department physician are available to hospital patients 24 hours a day, seven days a week in all non-Federal hospitals with at least 100 licensed beds. 1. Short title This Act may be cited as the Physician Availability Act of 2013 2. Requirement for physician availability in acute care hospitals (a) In General Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions For purposes of this section: (1) Covered hospital (A) In general Subject to subparagraph (B), the term covered hospital Social Security Act 42 U.S.C. 1395ww(d)(1)(B) (i) has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc); (ii) is participating in the program under title XIX of such Act; or (iii) is receiving Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals Such term does not include a hospital that— (i) is a facility of the Federal Government; or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician (A) The term physician (B) The term qualified physician (3) Physician availability A physician is considered to be available (A) the physician is physically present in the hospital; (B) the physician’s primary responsibility is to be in attendance to serve the needs of the hospital’s inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital’s emergency room or emergency department. (c) Enforcement (1) Warning If the Secretary of Health and Human Services (in this section referred to as the Secretary HHS Inspector General (2) Second violation After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)— (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a (3) Subsequent violations After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act (4) Failure to submit or comply with remedial plan If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act (d) Effective Date This section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.

Summary: Physician Availability Act of 2013 - Requires each covered hospital to have a qualified physician available in the hospital 24 hours a day, seven days a week, to attend to the needs of the hospital's inpatients. Defines a "covered hospital" to: (1) include hospitals participating in Medicare or Medicaid or receiving federal funds, and (2) exclude hospitals in a federal facility or hospitals that the Secretary of Health and Human Services (HHS) determines have fewer than 100 licensed beds. Considers a physician to be available if: (1) the physician is physically present in the hospital; (2) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (3) the physician is not physically present in, assigned to, serving in, or expected to cover the hospital's emergency room or emergency department. Sets forth penalties for violations.