I 
110TH CONGRESS 
2D SESSION 
H. R. 5739 
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 9, 2008 
Ms. SCHAKOWSKY (for herself and Mr. VISCLOSKY) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physician Availability 
Act of 2008’’. 
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SEC. 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 subpara-
graph (B), the term ‘‘covered hospital’’ means 
a subsection (d) hospital (as defined in section 
1886(d)(1)(B) of the Social Security Act (42 
U.S.C. 1395ww(d)(1)(B)) that— 
(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 Govern-
ment; or 
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(ii) the Secretary of Health and 
Human Services determines has fewer than 
100 licensed beds (as defined by the Sec-
retary). 
(2) PHYSICIAN; QUALIFIED PHYSICIAN.— 
(A) The term ‘‘physician’’ means, with re-
spect to a hospital, an individual who is a doc-
tor of medicine or osteopathy legally authorized 
under State law to practice medicine and sur-
gery in that hospital. 
(B) The term ‘‘qualified physician’’ means, 
with respect to a hospital, an individual who is 
a physician and whose credentials as such a 
physician have been verified by the administra-
tion of the hospital (before providing any serv-
ices at the hospital) through appropriate means, 
including verification through the National 
Practitioner Databank. 
(3) PHYSICIAN AVAILABILITY.—A physician is 
considered to be ‘‘available’’ in a hospital if— 
(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 
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(C) the physician is not physically present 
in, assigned to, serving in, or expected to cover, 
the hospital’s emergency room or emergency de-
partment. 
(c) ENFORCEMENT.— 
(1) WARNING.—If the Secretary of Health and 
Human Services (in this section referred to as the 
‘‘Secretary’’) determines that a hospital has violated 
subsection (a), in the first instance the Secretary 
shall provide a written warning regarding such viola-
tion to the hospital and shall notify the Inspector 
General of the Department of Health and Human 
Services (in this section referred to as the ‘‘HHS In-
spector General’’) of such violation. Subsequently, 
the HHS Inspector General shall monitor the com-
pliance of the hospital with the requirement of sub-
section (a). 
(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 
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(B) the hospital shall submit to the HHS 
Inspector General, by not later than 30 days 
after the date of such a determination, a reme-
dial plan to prevent future violations of the re-
quirement of such subsection. 
The provisions of section 1128A of the Social Secu-
rity Act (42 U.S.C. 1320a–7a), other than sub-
sections (a) and (b) of such section, shall apply to 
civil money penalties under subparagraph (A) in the 
same manner as they apply to a penalty or pro-
ceeding under subsection (a) of such section. 
(3) SUBSEQUENT VIOLATIONS.—After imposing 
a civil money penalty under paragraph (2) against a 
hospital, if the Secretary determines that the hos-
pital 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 and from receipt of Federal funds under any 
grant or cooperative agreement for such period as 
the Secretary specifies and until the Secretary re-
ceives satisfactory assurances that the hospital will 
be in substantial compliance with the requirement of 
subsection (a). 
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