Title: Essential Workforce Parity Act
Policy area: Labor and Employment

Summary:
Essential Workforce Parity Act
This bill limits the liability of health care professionals and related health care entities for certain harm caused in the course of arranging or providing health care services during and shortly after the COVID-19 public health emergency.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7538 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7538

 To amend the Families First Coronavirus Response Act to provide paid 
sick leave for health care providers and emergency responders, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

  Mr. Kelly of Pennsylvania introduced the following bill; which was 
 referred to the Committee on Education and Labor, and in addition to 
 the Committees on House Administration, Oversight and Reform, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Families First Coronavirus Response Act to provide paid 
sick leave for health care providers and emergency responders, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential Workforce Parity Act''.

SEC. 2. AMENDMENTS.

    (a) In General.--Section 5102 of the Families First Coronavirus 
Response Act (29 U.S.C. 2601 note) is amended--
            (1) in subsection (a), in the matter following paragraph 
        (6)--
                    (A) by inserting ``of paragraphs (1), (3), (4), 
                (5), and (6)'' after ``employee from the application''; 
                and
                    (B) by adding ``Paragraph (2) shall apply with 
                respect to an employee who is a health care provider by 
                substituting `because such provider determines that the 
                employee has tested positive for COVID-19 or attests 
                that the employee is at greater risk for COVID-19 
                because the employee is living with someone who has 
                tested positive for COVID-19.' for `due to concerns 
                related to COVID-19'.''; and
            (2) by adding at the end the following:
    ``(g) Certification for Health Care Providers.--
            ``(1) In general.--If an employer requires that a request 
        for leave by a health care provider under subsection (a)(2) be 
        certified, the employer may require documentation for 
        certification not earlier than 5 weeks after the date on which 
        the employee takes such leave.
            ``(2) Sufficient documentation.--Documentation of a 
        positive COVID-19 test or an attestation from a health care 
        provider of an employee that the employee meets the 
        requirements under subsection (a)(2) shall be sufficient for 
        certification.''.
    (b) Regulatory Authority.--Section 5111 of the Families First 
Coronavirus Response Act (29 U.S.C. 2601 note) is amended by striking 
paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs 
(1) and (2), respectively.

SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PROFESSIONALS AND 
              RELATED HEALTH CARE ENTITIES RELATED TO COVID-19 
              EMERGENCY RESPONSE.

    (a) Limitation on Liability.--Except as provided in subsection (c), 
a health care professional, the professional's related health care 
entity, and any other staff of the related health care entity, shall 
not be liable for damages under any law of the United States or of any 
State (or political subdivision thereof) for any harm caused by any act 
or omission of such health care professional, related health care 
entity, or other staff, in the course of arranging for or providing 
health care services if--
            (1) the act or omission occurs during the COVID-19 
        emergency period and the 60-day period following such emergency 
        period;
            (2) the act or omission occurs in the course of providing 
        health care services that--
                    (A) are within the scope of the license, 
                registration, or certification of the health care 
                professional, as defined by the health care 
                professional's State of licensure, registration, or 
                certification; and
                    (B) do not exceed the scope of license, 
                registration, or certification of a substantially 
                similar health professional in the State in which such 
                act or omission occurs; and
            (3) the health care services in question were provided in 
        good faith or were withheld for reasons related to the COVID-19 
        emergency period.
    (b) Additional Covered Acts.--Except as provided under subsection 
(c), the limitation on liability under subsection (a) shall apply to 
any act or omission that may be outside the health care professional's 
normal area of practice and are within the licensure and accreditation 
of the related health care entity that is--
            (1) based on any direction, guidance, recommendation, or 
        other statement made by a Federal, State, or local official to 
        address or in response to the COVID-19 emergency period;
            (2) based on any guidance published by any Federal, State, 
        or local department or any division or agency of such 
        department in response to the COVID-19 emergency period; or
            (3) undertaken or omitted due to a lack of resources, 
        including manpower, attributable to the COVID-19 emergency 
        period.
    (c) Exceptions.--Subsections (a) and (b) do not apply if--
            (1) the harm was caused by an act or omission constituting 
        willful or criminal misconduct, gross negligence, reckless 
        misconduct, or a conscious flagrant indifference to the rights 
        or safety of the individual harmed by the health care 
        professional or related health care entity; or
            (2) the health care professional rendered the health care 
        services under the influence (as determined pursuant to 
        applicable State law) of alcohol or an intoxicating drug (other 
        than where the health care professional is properly taking a 
        prescription drug ordered by a physician).
    (d) Preemption.--
            (1) In general.--This section preempts the laws of a State 
        or any political subdivision of a State to the extent that such 
        laws are inconsistent with this section, unless such laws 
        provide greater protection from liability.
            (2) Volunteer protection act.--Protections afforded by this 
        section are in addition to those provided by the Volunteer 
        Protection Act of 1997 (Public Law 105-19).
    (e) Definitions.--In this section--
            (1) the term ``harm'' includes physical, nonphysical, 
        economic, and noneconomic injury or losses;
            (2) the term ``health care professional'' means an 
        individual who is licensed, registered, or certified under 
        Federal or State law to provide health care services;
            (3) the term ``related health care entity'' means an entity 
        with which a health care professional has a professional 
        affiliation under which the health care professional performs 
        health care services, including any such skilled nursing 
        facility, hospital, academic medical center, ambulatory 
        surgical center, group medical practice, or medical clinic;
            (4) the term ``professional affiliation'' means staff 
        privileges, medical staff membership, employment or contractual 
        relationship, partnership or ownership interest, academic 
        appointment, or other affiliation under which a health care 
        professional provides health care services on behalf of, or in 
        association with, the related health care entity;
            (5) the term ``health care services'' means any services 
        rendered or items provided by a health care professional or the 
        professional's related health care entity, or by any individual 
        working under the supervision of a health care professional, 
        that relate to--
                    (A) the treatment, diagnosis, prevention, or 
                mitigation of COVID-19;
                    (B) treatment, diagnosis, or care with respect to 
                an individual with a confirmed or suspected case of 
                COVID-19; or
                    (C) treatment, diagnosis, or care with respect to 
                an individual who presents to a health care 
                professional or the professional's related health care 
                entity during the COVID-19 emergency period; and
            (6) the term ``COVID-19 emergency period'' has the meaning 
        given the term ``emergency period'' in section 1135(g)(1)(B) of 
        the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
    (f) Effective Date.--This section shall apply with respect to any 
act or omission described in this section that occurred on or after the 
date on which the COVID-19 emergency period began.
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