I 
112TH CONGRESS 
1ST SESSION H. R. 2523 
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 
JULY 13, 2011 
Ms. SCHAKOWSKY 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 2011’’. 
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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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