[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4278 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4278

    To require the Secretary of Health and Human Services to issue 
  regulations to ensure due process rights for physicians before any 
termination, restriction, or reduction of the professional activity of 
        such physicians or staff privileges of such physicians.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2024

  Mr. Marshall (for himself and Ms. Warren) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of Health and Human Services to issue 
  regulations to ensure due process rights for physicians before any 
termination, restriction, or reduction of the professional activity of 
        such physicians or staff privileges of such physicians.

    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 ``Physician and Patient Safety Act''.

SEC. 2. REGULATIONS TO ENSURE DUE PROCESS RIGHTS FOR PHYSICIANS.

    (a) In General.--The Secretary of Health and Human Services shall 
issue final regulations to provide that physicians who have been 
granted medical staff privileges at a hospital have a fair hearing and 
appellate review through appropriate medical staff mechanisms before 
any termination, restriction, or reduction of the professional activity 
of such physicians or staff privileges of such physicians at such 
hospital.
    (b) Requirements of Regulations.--The regulations described in 
subsection (a) shall provide that--
            (1) a hearing or appellate review may not be denied through 
        a third-party contract;
            (2) a physician shall not be requested or required to waive 
        their rights to such a hearing or appellate review as a 
        condition of employment, either with the hospital or with a 
        third-party contractor; and
            (3) any such hearing or appellate review shall be 
        confidential and not reportable to any entity, including the 
        National Practitioner Data Bank or future workplaces or 
        employers, unless there is an ongoing threat to patient safety, 
        or as otherwise required under the reporting requirements for 
        hospitals established by the National Practitioner Data Bank.
    (c) Effective Date.--The final regulations promulgated under 
subsection (a) shall take effect not later than 18 months after the 
date of enactment of this Act.
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