[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7686 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7686
To recognize the importance of clinical roles of locum tenens
physicians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2026
Mr. Carter of Georgia introduced the following bill; which was referred
to the Committee on Education and Workforce, and in addition to the
Committees on Energy and Commerce, Oversight and Government Reform, and
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To recognize the importance of clinical roles of locum tenens
physicians, and for other purposes.
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 ``Rural and Underserved Health Care
Staffing Act''.
SEC. 2. FEDERAL RECOGNITION OF LOCUM TENENS CLINICAL ROLES.
(a) Classification of Locum Tenens Physicians.--
(1) In general.--Subject to paragraph (2), for the purposes
of a Federal law or program described in subsection (b), with
respect to health services performed by an individual who is a
qualified locum tenens physician or advanced care
practitioner--
(A) such individual shall not be considered an
employee of the entity on behalf of which the services
are performed, including any contracting agency or
payor;
(B) such entity shall not be considered an employer
of such individual; and
(C) any remuneration paid or received for such
services shall be treated as remuneration for services
performed by an independent contractor.
(2) Exception for express employer-employee relationship.--
Paragraph (1) shall not apply with respect to any services for
which an individual and a health care facility (or a
contracting agency acting on behalf of a health care facility)
expressly agree, in a written contract, to enter into an
employer-employee relationship.
(b) Federal Laws and Programs Described.--The Federal laws and
programs described in this subsection are the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(3) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(4) The Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).
(5) The Family and Medical Leave Act (29 U.S.C. 2601 et
seq.).
(6) The Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(7) The Public Health Service Act (42 U.S.C. 201 et seq.).
(8) Any program administered by the Department of Health
and Human Services, to the extent that such program requires a
determination of whether an individual is an employee of a
health care facility (or a contracting agency acting on behalf
of a health care facility) for program participation,
certification, or compliance purposes.
(c) Definitions.--In this section:
(1) Qualified locum tenens physician or advanced care
practitioner.--The term ``qualified locum tenens physician or
advanced care practitioner'' means an individual who--
(A) provides temporary medical or clinical services
on a locum tenens basis at a single site for a period
not exceeding 1 continuous year;
(B) is--
(i) a doctor of medicine, osteopathy,
dental surgery, or dental medicine legally
authorized to practice in the State in which
the individual performs such services;
(ii) a doctor of podiatric medicine or
optometry legally authorized to practice in the
State in which the individual performs such
services;
(iii) a physician, as defined in--
(I) section 1861(r) of the Social
Security Act (42 U.S.C. 1395x(r)); or
(II) section 8101(2) of title 5,
United States Code; or
(iv) a nurse practitioner, physician
assistant, or certified registered nurse
anesthetist; and
(C) performs such services pursuant to a written
agreement between the individual and a health care
facility (or a contracting agency acting on behalf of a
health care facility).
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
possessions of the United States.
(d) Rule of Construction.--Nothing in this Act shall be construed
to--
(1) affect or preempt State laws governing professional
licensure or scope of practice;
(2) alter the application of the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.), including the imposition,
collection, or calculation of taxes under subtitle C of such
Code (such as taxes under the Federal Insurance Contributions
Act or Federal Unemployment Tax Act and related withholding) or
under chapter 2 of subtitle A of such Code (self-employment
tax);
(3) alter the definition or treatment of the terms
``wages'' or ``self-employment income'', or the calculation of
benefits, under title II of the Social Security Act (42 U.S.C.
401 et seq.);
(4) affect eligibility for, benefit computation under, or
contributions to any Federal or State unemployment compensation
program; or
(5) alter eligibility for participation or reimbursement
under--
(A) the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.);
(B) the Medicaid program under title XIX of such
Act (42 U.S.C. 1396 et seq.); or
(C) any other federally supported health program.
(e) Administration.--This section shall be implemented, as
applicable, by the heads of the Federal departments and agencies
responsible for administering the Federal laws and programs described
in subsection (b). The Secretary of Health and Human Services shall
implement this section with respect to the programs described in
subsection (b)(8).
(f) Effective Date.--This section shall only apply to services
performed on or after the date of enactment of this Act. Nothing in
this section shall affect the interpretation of any applicable law with
respect to services performed before such date of enactment.
(g) Severability.--If any provision of this section, or the
application of such provision to any person or circumstance, is held to
be unconstitutional, the remainder of this section, and the application
of the remaining provisions, shall not be affected.
<all>