[Congressional Record Volume 147, Number 158 (Thursday, November 15, 2001)]
[Senate]
[Pages S11942-S11943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself and Ms. Landrieu):
  S. 1708. A bill to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to ensure the

[[Page S11943]]

continuity of medical care following a major disaster by making private 
for-profit medical facilities eligible for Federal disaster assistance; 
to the Committee on Environment and Public Works.
  Mr. McCONNELL. Mr. President, I rise today to introduce the Parity in 
Emergency Preparedness and Response Act of 2001. The horrific attacks 
of September 11 and subsequent anthrax exposures have focused our 
attention on the need to prepare and respond to emergencies, whether 
they result from acts of nature or the misdeeds of man. The legislation 
I introduce today will correct a provision in current law that prevents 
many hospitals from working with the Federal Government to prevent and 
respond to disasters. When tragedy strikes, the most important 
consideration shouldn't be a hospital's tax status, but rather its 
ability to care for the injured.
  In 1974, Congress enacted the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, commonly referred to as the Stafford Act. 
This important legislation helps States and communities plan for 
emergencies and take steps to minimize the damage inflicted by a 
potential disaster. Once a disaster strikes, the Stafford Act 
authorizes the President to provide communities the resources they need 
to respond quickly and recover completely.
  While the Stafford Act has helped countless communities respond to 
disasters, it has one glaring shortcoming, it prohibits the President 
and Federal Emergency Management Agency, FEMA, from offering assistance 
to hospitals that are owned or managed by private companies. As a 
result, there are 36 hospitals in my home State of Kentucky which are 
ineligible to receive Federal disaster mitigation and recovery funds.
  I find it incomprehensible that the Federal Government would deny 
needed disaster assistance to a county hospital, simply because of its 
ownership, management structure, or tax status. Is a tornado any less 
devastating in one community than another, simply because of a local 
hospital's tax status? Are they any less deserving of the Federal 
Government's support? I think not.
  What I find most troubling about this disparity is that it 
disproportionately affects rural communities, whose hospitals are 
frequently owned by the community but operated by private companies. 
Many small towns and rural counties prefer this sort of relationship 
because it allows them to ensure their citizens have access to needed 
health care services, while relieving themselves of the burdens of 
operating a modern hospital. In the rural Kentucky communities of 
Caldwell, Cumberland, Crittenden, Fleming, Marshall, Monroe, Ohio and 
Bell Counties, the community owns the hospital but contracts with a 
private management firm to direct the hospital's day to day operations. 
As a result of this relationship, these publicly owned hospitals are 
not eligible for Federal disaster mitigation or recovery assistance.
  Hospitals are critical community resources which must be able to 
provide services in an emergency, regardless of their ownership or 
management structure. That is why I am proud to introduce the Parity in 
Emergency Preparedness and Response Act with my colleague from 
Louisiana, Ms. Landrieu. This legislation would eliminate the disparity 
which exists between nonprofit and investor-owned hospitals and allow 
all eligible hospitals to apply for disaster mitigation and recovery 
funds. Our bill does not create an entitlement for hospitals that are 
owned or operated by private companies. The Stafford Act is clear in 
stating the President ``may make contributions'' to help damaged 
hospitals respond to and recover from an emergency, and this 
legislation does nothing to diminish the President's discretion in this 
regard.
  Since September 11, 2001, the need to ensure that our Nation's public 
health infrastructure is capable of responding to unanticipated 
emergencies has received renewed attention in Congress. In fact, the 
Senate will soon consider comprehensive legislation to address the 
growing threat of bioterrorism and protect the safety of our food 
supply. While I strongly support the intent of this legislation, it 
will be woefully incomplete if it does not allow all hospitals, 
including investor-owned hospitals, to apply for disaster assistance.
  Hospitals play a vital role in responding to emergencies, regardless 
of their management structure. I look forward to working with Ms. 
Landrieu and our colleagues in the Senate to pass this legislation and 
ensure that all of America's hospitals are prepared to respond to 
disasters.
  I ask unanimous consent that a list of hospitals which would become 
eligible for disaster assistance under my legislation be printed in the 
Record, and I ask unanimous consent the text of the bill be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1708

       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 ``Parity in Emergency 
     Preparedness and Response Act of 2001''.

     SEC. 2. ELIGIBILITY OF PRIVATE FOR-PROFIT MEDICAL FACILITIES 
                   FOR FEDERAL DISASTER ASSISTANCE.

       (a) Eligibility of Private For-Profit Medical Facilities 
     for Assistance Available to Private Nonprofit Facilities.--
     Section 102(9) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(9)) is amended--
       (1) by striking ``and facilities'' and inserting 
     ``facilities''; and
       (2) by inserting before the period at the end the 
     following: ``, and private for-profit medical facilities 
     (including hospitals and long-term care facilities)''.
       (b) Clarification of Eligibility of Medical Facilities for 
     Emergency Preparedness Assistance.--
       (1) Definition of emergency preparedness.--Section 
     602(a)(3)(A) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a(a)(3)(A)) is 
     amended by inserting ``the preparation of private nonprofit 
     and for-profit medical facilities (including hospitals and 
     long-term care facilities) to withstand major disasters,'' 
     after ``control centers,''.
       (2) Functions of fema.--Section 611(j)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196(j)(1)) is amended in the first sentence by 
     inserting before the period at the end the following: 
     ``(including the preparation of private nonprofit and for-
     profit medical facilities (including hospitals and long-term 
     care facilities) to withstand major disasters)''.
       (c) Definition of Long-Term Care Facility.--Section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122) is amended by adding at the 
     end the following:
       ``(10) Long-term care facility.--`Long-term care facility' 
     means--
       ``(A) any skilled nursing facility (as defined in section 
     1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a));
       ``(B) any nursing facility (as defined in section 1919(a) 
     of that Act (42 U.S.C. 1396r(a)); and
       ``(C) any other long-term care facility, such as an 
     intermediate care facility for the mentally retarded.''.
                                  ____


Eligible Hospitals Bluegrass Community Hospital, Versailles, KY; 
     Bourbon Community Hospital, Paris, KY; FHC Cumberland 
     Hall, Hopkinsville, KY; Frankfort Regional Medical Center, 
     Frankfort, KY; Gateway Rehabilitation Hospital, Florence, 
     KY; Gateway Rehabilitation Hospital at Norton Healthcare 
     Pavilion, Louisville, KY; Georgetown Community Hospital, 
     Georgetown, KY; Greenview Regional Hospital, Bowling 
     Green, KY; HEALTHSOUTH Rehabilitation Hospital of Central 
     Kentucky, Elizabethtown, KY; HEALTHSOUTH Rehabilitation 
     Hospital of Northern Kentucky, Edgewood, KY; Jackson 
     Purchase Medical Center, Mayfield, KY; Jenkins Community 
     Hospital, Jenkins, KY; Kentucky River Medical Center, 
     Jackson, KY; Kindred Hospital-Louisville, Louisville, KY; 
     Lake Cumberland Regional Hospital, Somerset, KY; Lincoln 
     Trail Behavioral Health System, Radcliff, KY; Logan 
     Memorial Hospital, Russellville, KY; Meadowview Regional 
     Medical Center, Maysville, KY; Mediplex Rehab-Bowling 
     Green, Bowling Green, KY; Paul B. Hall Regional Medical 
     Center, Paintsville, KY; Ridge Behavioral Health System, 
     Lexington, KY; Rivendell Behavioral Health Services, 
     Bowling Green, KY; Samaritan Hospital, Lexington, KY; Ten 
     Broeck Hospital, Louisville, KY; Ten Broeck Hospital 
     DuPont, Louisville, KY; Three Rivers Medical Center, 
     Louisa, KY; Caldwell County Hospitals, Princeton, KY; 
     Crittenden Health System, West Marion, KY; Cumberland 
     County Hospital, Burkesville, KY; Fleming County Hospital, 
     Flemingsburg, KY; Jennie Stuart Medical Center, 
     Hopkinsville, KY; Marshall County Hospital, Benton, KY; 
     Monroe County Medical Center, Tompkinsville, KY; 
     Muhlenberg Community Hospital, Greenville, KY; Ohio County 
     Hospital, Hartford, KY; and Pineville Community Hospital, 
     Pineville, KY.
                                 ______