[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5829 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5829

 To amend title II of the Public Health Service Act 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2023

  Mr. Barr (for himself, Ms. Kuster, Ms. Tokuda, Ms. Jackson Lee, Ms. 
 Wild, Mr. Moylan, Mr. Rogers of Alabama, Mr. Pappas, Mr. Bucshon, Mr. 
  Meuser, Mr. Rogers of Kentucky, Mr. Smith of Nebraska, Mr. Davis of 
North Carolina, and Mr. Mann) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Public Health Service Act 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. SHORT TITLE.

    This Act may be cited as the ``Health Care Practitioner Disaster 
Protection Act''.

SEC. 2. 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 earliest 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.''.
    (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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