To amend title II of the Public Health Services 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.
Bill: H.R.9571 | Sponsor: Rep. Barr, Andy (R-KY)
Policy area: Health

Summary:
This bill extends certain liability protections available for health care practitioners who provide voluntary health care services in declared emergencies through a community health center other than the one that initially sponsored them.
Current law makes the liability protections available to volunteer practitioners that are sponsored by a particular community health center. This bill maintains the liability protections for a volunteer practitioner who provides services through a different community health center if the center (1) seeks the assistance of the volunteer practitioner to respond to a declared emergency, and (2) promptly notifies the Department of Health and Human Services that the volunteer practitioner will be providing services.

To amend title II of the Public Health Services 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COVERAGE OF CLAIMS AGAINST PRACTITIONERS PROVIDING HEALTH 
              PROFESSIONAL VOLUNTEER SERVICES AT COMMUNITY HEALTH 
              CENTERS DURING DECLARED EMERGENCIES.

    (a) In General.--Section 224(q)(3) of the Public Health Service Act 
(42 U.S.C. 233(q)(3)) is amended by adding at the end the following:
                    ``(E) Notwithstanding the process described in 
                clauses (i) and (ii) of subparagraph (B), a health care 
                practitioner who is a health professional volunteer 
                sponsored by an entity described in subsection (g)(4) 
                shall be deemed to be sponsored by another entity 
                described in subsection (g)(4) if--
                            ``(i) such other entity seeks the 
                        assistance of such health professional 
                        volunteer for purposes of responding to a 
                        declared emergency;
                            ``(ii) such other entity submits a 
                        notification of such assistance to the 
                        Secretary not later than 15 days after the 
                        first day on which such volunteer is to begin 
                        service at such entity; and
                            ``(iii) such volunteer is serving at such 
                        entity pursuant to such notification during a 
                        covered service period.
                    ``(F) For purposes of subparagraph (E):
                            ``(i) The term `covered service period' 
                        means the period--
                                    ``(I) beginning on the later of--
                                            ``(aa) the date on which 
                                        the volunteer begins service at 
                                        another entity described in 
                                        subsection (g)(4); or
                                            ``(bb) the first day of a 
                                        declared emergency, as 
                                        determined by the Secretary, 
                                        acting through the 
                                        Administrator of the Health 
                                        Resources and Services 
                                        Administration; and
                                    ``(II) ending on the earlier of--
                                            ``(aa) the date on which 
                                        the declared emergency ends;
                                            ``(bb) the date on which 
                                        the provider stops volunteering 
                                        at such other entity; or
                                            ``(cc) 90 days after the 
                                        date determined under subclause 
                                        (I).
                            ``(ii) The term `declared emergency' 
                        means--
                                    ``(I) an emergency or disaster 
                                declared by the President pursuant to 
                                the National Emergencies Act or the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act; and
                                    ``(II) a public health emergency 
                                declared by the Secretary pursuant to 
                                section 319 of the Public Health 
                                Service Act.''.
    (b) Conforming Amendments.--Section 224(q) of the Public Health 
Service Act (42 U.S.C. 233(q)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B), by inserting before the 
                period at the end the following: ``(or is deemed to be 
                sponsoring a health care practitioner pursuant to 
                paragraph (3)(E))''; and
                    (B) in subparagraph (E), by inserting before the 
                period at the end the following: ``(and in the case of 
                a health care practitioner providing services at 
                another entity described in subsection (g)(4) pursuant 
                to paragraph (3)(E), the State in which such other 
                entity is located)''; and
            (2) in paragraph (3)(B), in the matter preceding clause 
        (i), by striking ``With respect'' and inserting ``Except as 
        provided in subparagraph (E), with respect''.
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