[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1638

 To provide for the establishment of programs and activities to assist 
  in mobilizing an appropriate healthcare workforce in the event of a 
                 health emergency or natural disaster.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2005

   Mr. Obama introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for the establishment of programs and activities to assist 
  in mobilizing an appropriate healthcare workforce in the event of a 
                 health emergency or natural disaster.

    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 ``Hurricane Katrina Emergency Health 
Workforce Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Corps.--The term ``Corps'' means the National Emergency 
        Health Professionals Volunteer Corps established under section 
        3.
            (2) FEMA.--The term ``FEMA'' means the Federal Emergency 
        Management Agency of the Emergency Preparedness and Response 
        Directorate, Department of Homeland Security.
            (3) Health professional.--The term ``health professional'' 
        means a physician, nurse, mental health provider, paramedic, 
        pharmacist, public health practitioner, veterinarian, 
        epidemiologist, statistician, laboratorian, infectious disease 
        specialist, and other individual provider of health-related 
        services as designated by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. NATIONAL EMERGENCY HEALTH PROFESSIONALS VOLUNTEER CORPS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall establish a National 
Emergency Health Professionals Volunteer Corps to provide for an 
adequate supply of health professionals in the case of a Federal, State 
or local emergency. The Corps shall be headed by a Director to be 
appointed by the Secretary.
    (b) Duties.--The Director of the Corps shall conduct the following 
activities:
            (1) Analysis of need to determine the number and types of 
        Corps volunteers that are needed.
            (2) Determination of minimum licensing or credentialing 
        standards for each type of Corps volunteers.
            (3) Recruitment and retention of health professionals.
            (4) Development of the Corps volunteer certification 
        program in accordance with subsection (d).
            (5) Development of training programs.
            (6) Development of protocols for contact and deployment of 
        Corps volunteers.
            (7) Coordination of Corps volunteers with Medical Reserve 
        Corps and other volunteer networks.
    (c) Composition.--The Corps shall be composed of health 
professionals who--
            (1) have training and expertise in the areas of medicine, 
        nursing, mental health, public health, pharmacy, dentistry, 
        emergency medical services, veterinary science, laboratory 
        science, and other areas as determined appropriate by the 
        Director of the Corps;
            (2) have been certified in accordance with the 
        certification program developed under subsection (b)(4);
            (3) are geographically diverse in residence; and
            (4) are willing to be deployed in case of emergency.
    (d) Certification.--The Director of the Corps, in collaboration 
with the Director of FEMA and the Administrator of the Health Resources 
and Services Administration, shall establish a program for the periodic 
certification of health professionals who volunteer for the Corps which 
shall include, with respect to the health professional involved, an 
assessment of--
            (1) the professional expertise and training of the 
        professional, including licensure and credentialing as 
        appropriate;
            (2) the completion by the professional of the training 
        programs developed under subsection (b)(5), as required by the 
        Director; and
            (3) the preparedness of the professional for emergency 
        response which may include written examination and hands-on 
        skill assessment.
    (e) Deployment.--
            (1) In general.--During a Federal, State, or local 
        emergency (as designated by the Secretary or the Secretary of 
        Homeland Security), the Secretary, in consultation with the 
        Secretary of Homeland Security, shall have the authority to 
        deploy members of the Corps to areas of need, based on the 
        medical expertise required.
            (2) Limitation.--State and local officials shall have no 
        authority to deploy members of the Corps, but may request the 
        services of such members.
    (f) Compensation, Expenses, and Transportation.--While engaged in 
performing duties as a member of the Corps pursuant to an assignment by 
the Secretary (including periods of travel to facilitate such 
assignment), members of the Corps who are not otherwise employed by the 
Federal Government shall be--
            (1) compensated for temporary or intermittent services as 
        experts or consultants as provided for under section 3109 of 
        title 5, United States Code; and
            (2) allowed travel or transportation expenses, including 
        per diem in lieu of subsistence, as provided for under section 
        5703 of such title.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this Act (and 
the amendments made by this Act) for each of fiscal years 2006 through 
2010.

SEC. 4. HEALTH PROFESSIONAL DATABASE.

    (a) Establishment.--Not later than 12 months after the date of 
enactment of this Act, the Director of the Centers for Disease Control 
and Prevention (referred to in this section as the ``Director''), in 
collaboration with the Administrator of the Health Resources and 
Services Administration, State medical and nursing licensing boards, 
medical and nursing professional societies, and other relevant 
entities, shall establish a national database of health professionals 
(including physicians, nurses, and other health professionals 
determined appropriate by the Director) to increase health preparedness 
for Federal emergencies.
    (b) Requirements of Database.--The database established under 
subsection (a) shall include--
            (1) With respect to each health professional listed in the 
        database--
                    (A) the name and contact information of the 
                professional;
                    (B) the State or States in which the professional 
                is licensed or certified;
                    (C) the area or areas in which the professional has 
                specialty or subspecialty training; and
                    (D) a description of the emergency response 
                training received by the professional; and
            (2) the names of each members of the Corps, the Medical 
        Reserve Corps, the National Disaster Medical System, the 
        Commissioned Corps of the Public Health Services, and any other 
        relevant federally-sponsored or administered programs.
    (c) Accessibility.--The Director shall ensure that the database 
established under subsection (a) is electronically accessible by State 
and local health departments. In the case of a disaster or other 
emergency that results in a loss of electrical power, the Director 
shall ensure that the affected State or locality has access to the 
database through other means.
    (d) Updating of Information.--The Director shall, on at least a 
biennial basis, provide for the updating of the information contained 
in the database.

SEC. 5. PROTECTION OF HEALTH PROFESSIONAL VOLUNTEERS.

    Section 4303(13) of title 38, United States Code, is amended by 
adding at the end the following: ``Such term shall include physicians 
or other health professionals (as defined in section 2 of the Hurricane 
Katrina Emergency Health Workforce Act of 2005) who are providing 
medical treatment or services related to a major disaster as declared 
by the President under the authority of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including 
members of the National Emergency Health Professionals Volunteer Corps, 
health professionals who are activated by the Federal Emergency 
Management Agency, and other health professionals who provide services 
on a volunteer basis in a formal capacity as determined by the 
Secretary of Health and Human Services or the Secretary of Homeland 
Security. The Secretary shall promulgate guidelines to implement the 
previous sentence.''.

SEC. 6. PREPAREDNESS TRAINING REQUIREMENTS.

    (a) Children's Hospitals That Operate Graduate Medical Education 
Programs.--Section 340E of the Public Health Service Act (42 U.S.C. 
256e) is amended by adding at the end the following:
    ``(h) Requirement to Provide Disaster Preparedness Training.--To be 
eligible to receive a payment under this section, a children's hospital 
shall provide disaster preparedness training as part of any approved 
graduate medical residency training program provided by the 
hospital.''.
    (b) Medicare Graduate Medical Education Programs.--
            (1) In general.--Section 1886(h) of the Social Security Act 
        (42 U.S.C. 1395ww(h)) is amended by adding at the end the 
        following:
            ``(8) Requirement for disaster preparedness training.--In 
        order to be eligible to receive a payment under this 
        subsection, a hospital shall provide disaster preparedness 
        training as part of any approved medical residency training 
        program provided by the hospital.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on January 1, 2007.

SEC. 7. LIABILITY PROTECTIONS.

    Section 224 of the Public Health Service Act (42 U.S.C. 233) is 
amended by adding at the end the following:
    ``(q) Volunteer Services Provided by Health Professionals During 
Disasters.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, for purposes of this section, a volunteer health 
        professional shall in providing a qualifying health service 
        related to a major disaster as declared by the President under 
        the authority of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be 
        deemed to be an employee of the Public Health Service. The 
        preceding sentence is subject to the provisions of this 
        subsection.
            ``(2) Volunteer health professional.--In providing a 
        qualifying health service to an individual, a health 
        professional shall for purposes of this subsection be 
        considered to a volunteer health professional if the following 
        conditions are met:
                    ``(A) The service is provided to the individual as 
                a result of the occurrence of a major disaster as 
                declared by the President under the authority of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act.
                    ``(B) The service is a qualifying health service 
                (as defined in paragraph (3)(B)).
                    ``(C) Neither the health professional or any 
                institution receives any compensation for the service 
                from the individual or from any third-party payor 
                (including reimbursement under any insurance policy or 
                health plan, or under any Federal or State health 
                benefits program). With respect to compliance with such 
                condition, the health professional may receive 
                repayment from a Federal or State agency for reasonable 
                expenses incurred by the health professional in the 
                provision of the service to the individual.
            ``(3) Definitions.--
                    ``(A) Health professional.--In this subsection, the 
                term `health professional' means a physician, nurse, 
                mental health provider, pharmacist, paramedic, and 
                other individual provider as designated by the 
                Secretary.
                    ``(B) Qualifying health service.--In this 
                subsection, the term `qualifying health service' means 
                any medical assistance provided during, and as the 
                result of the occupancy of, a major disaster as 
                declared by the President under the authority of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act.
            ``(4) Application of provisions.--Subsection (g) (other 
        than paragraphs (3) through (5)) and subsections (h), (i), and 
        (l) shall apply to a volunteer health professional for purposes 
        of this subsection to the same extent and in the same manner as 
        such subsections apply to an officer, governing board member, 
        employee, or contractor of an entity described in subsection 
        (g)(4), subject to paragraph (5) and subject to the following:
                    ``(A) The first sentence of paragraph (1) applies 
                in lieu of the first sentence of subsection (g)(1)(A).
                    ``(B) In the case of a health professional who is 
                determined by the Secretary pursuant to subsection 
                (g)(1)(E) to be a volunteer health professional, this 
                subsection applies to the health professional (with 
                respect to the institution or facility sponsoring the 
                health professional for any cause of action arising 
                from an act or omission of the health professional 
                occurring on or after the date on which the Secretary 
                makes such determination and until the major disaster 
                involved has ended.
                    ``(C) Subsection (g)(1)(F) applies to a health 
                professional for purposes of this subsection only to 
                the extent that, in providing health services to an 
                individual, each of the conditions specified in 
                paragraph (2) is met.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--For purposes of making payments 
                for judgments against the United States (together with 
                related fees and expenses of witnesses) pursuant to 
                this section arising from the acts or omissions of 
                volunteer health professionals, there is authorized 
                such sums as may be necessary in each fiscal year.
                    ``(B) Fund.--The Secretary shall establish a fund 
                for purposes of this subsection. Each fiscal year 
                amounts appropriated under subparagraph (A) shall be 
                deposited in such fund.
                    ``(C) Estimates.--Not later than May 1 of each 
                fiscal year, the Attorney General, in consultation with 
                the Secretary, shall submit to the Congress a report 
                providing an estimate of the amount of claims (together 
                with related fees and expenses of witnesses) that, by 
                reason of the acts or omissions of volunteer health 
                professionals, will be paid pursuant to this subsection 
                during the calendar year that begins in the following 
                fiscal year. Subsection (k)(1)(B) applies to the 
                estimate under the preceding sentence regarding 
                volunteer health professionals to the same extent and 
                in the same manner as such subsection applies to the 
                estimate under such subsection regarding officers, 
                governing board members, employees, and contractors of 
                entities described in subsection (g)(4).
                    ``(D) Transfers.--Not later than December 31 of 
                each fiscal year, the Secretary shall transfer from the 
                fund under subparagraph (B) to the appropriate accounts 
                in the Treasury an amount equal to the estimate made 
                under subparagraph (C) for the calendar year beginning 
                in such fiscal year, subject to the extent of amounts 
                in the fund.
            ``(6) Regulations.--The Secretary may issue regulations for 
        carrying out this subsection.''.

SEC. 8. SUSPENSION OF STATE LICENSURE REQUIREMENTS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall have the authority to suspend the application of State 
health professional licensing and certification requirements with 
respect to health professionals that are operating in such State during 
a major disaster as declared by the President under the authority of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) pursuant to an assignment or request for services 
from the Secretary, the Director of FEMA, or the Director of the Corps. 
This subsection shall only be applicable with respect to health 
professionals who are licensed or certified in a State other than the 
State in which the disaster is occurring.
    (b) Limitation.--Subsection (a) shall not apply in the case of 
health professionals who have had their license or certification 
suspended or revoked, or who are the subject of a disciplinary action 
at the time of the application of such subsection.

SEC. 9. GENERAL WAIVER AUTHORITY.

    Notwithstanding any other provision of law, the Secretary and the 
Secretary of Homeland Security shall have the authority to waive any 
requirement of Federal law applicable to health professions if such 
requirement would limit the ability of health professionals to provide 
volunteer medical services related to a major disaster as declared by 
the President under the authority of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
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