Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Physician Availability Act of
2008''.

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 subparagraph (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
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'' means, with respect to a
hospital, an individual who is a doctor of medicine or
osteopathy legally authorized under State law to
practice medicine and surgery 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 administration of the hospital (before
providing any services 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
(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'') determines
that a hospital has violated subsection (a), in the first
instance the Secretary shall provide a written warning
regarding such violation 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 Inspector
General'') of such violation. Subsequently, the HHS Inspector
General shall monitor the compliance of the hospital with the
requirement of subsection (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
(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), other than subsections (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 proceeding 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 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
and from receipt of Federal funds under any grant or
cooperative agreement for such period as the Secretary
specifies and until the Secretary receives satisfactory
assurances that the hospital will be in substantial compliance
with the requirement of subsection (a).
(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 and under Federal grants or cooperative
agreements until the Secretary receives satisfactory assurances
that such failures will not continue.
(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.
A:
Physician Availability Act of 2008 - 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 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.