117 HR 9571 IH: 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. U.S. House of Representatives 2022-12-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 9571IN THE HOUSE OF REPRESENTATIVESDecember 15, 2022Mr. Barr introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo 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.

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.