[Congressional Record Volume 171, Number 201 (Tuesday, December 2, 2025)]
[Senate]
[Pages S8450-S8451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. COLLINS (for herself and Mr. Blumenthal):
S. 3296. A bill to amend chapter 81 of title 5, United States Code,
to cover, for purposes of workers' compensation under such chapter,
services by physician assistants and nurse practitioners provided to
injured Federal workers, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Ms. COLLINS. Mr. President, I rise today to introduce the Improving
Access to Workers' Compensation for Injured Federal Workers Act. I am
pleased that my colleague from Connecticut Senator Blumenthal is my
lead cosponsor on this bill.
Our bipartisan bill would allow physician assistants and nurse
practitioners to certify disabilities and oversee treatment for Federal
workers with injuries or illnesses that occur on the job, when doing so
is consistent with the scope of their practice under State law.
Civil servants bring dedication, competence, and experience to their
work, and this proposal affords them greater choice over their own
healthcare in the event that they suffer a work-related injury or
illness. Federal employees can already select a PA or NP as their
primary healthcare provider within the Federal Employees Health
Benefits Program.
However, and inexplicably, the Federal Employees' Compensation Act
permits only a physician to make the diagnosis, certify the injury and
extent of the disability, and to oversee the patient's treatments and
care when a Federal employee is injured on the job.
This bill would allow the more than 2 million Federal employees in
our country, including more than 12,000 Federal employees in the State
of Maine, the ability to receive their healthcare from the practitioner
of their choice after a work-related injury. When they can make their
own choice, they have access to more timely care and continuity of
care. They are also having the decisions about their healthcare and the
extent of their disability or illness made by their primary care
physician who knows them best, who understands their healthcare
history.
Mainers, especially in our very rural communities, are often cared
for by nurse practitioners or physician assistants. They act as their
primary care providers. Let me give you an example. Jackie Carter and
Corinne Malenfant are two nurse practitioners with a primary care
practice in Orland, ME. They have described the challenges they face
when they treat Federal employees.
Despite being the chosen healthcare provider of their federally
employed patients, Jackie and Corinne are not authorized to certify
their patients' injuries and illnesses and oversee the care for their
work-related injuries under the Federal Employees' Compensation Act. As
a result, their patients can experience lengthy delays in starting
treatment due to the requirement that only a physician can certify the
injury and oversee the Federal employee's care while in the Workers'
Compensation Program.
In some very rural communities, Mr. President--and I suspect this may
be true in parts of your State as well--there simply aren't any
physicians who are practicing, or they are unable to accommodate
additional patients.
So think about the situation that is created here. A Federal
employee, who has a primary care provider who is, say, a nurse
practitioner or a physician assistant, is injured on the job, but
instead of immediately being able to go to this primary care provider,
they have to wait until they can get in to see a physician--a physician
who may be miles away and unable to see them quickly, a physician who
does not know their history. They can't proceed with getting the
Federal employee's benefits and healthcare treatments they need to get
well and return to work. That just makes no sense in rural America
today.
It is important to emphasize that this bill defers to State law. It
would not expand the scope of any practice. Instead, it would simply
remove a barrier that prevents dedicated healthcare professionals from
practicing as their State permits them to do.
NPs and PAs already provide a significant amount of healthcare to
injured Federal employees, but within the Federal Employees'
Compensation Act, while they are not currently authorized to certify
injuries and oversee patient treatment, they are authorized to treat
injured Federal employees and be reimbursed for their services but only
in cases where a physician has first certified the injury and continues
to oversee the treatment. That is redundant, it causes delays, and it
does not make sense.
Federal programs have long recognized the importance of nurse
practitioners and physician assistants. Yet the Federal Employees'
Compensation Act is an outlier in the restrictive nature of the program
when it comes to NPs and PAs and their patients. Modernizing the
Federal Employees' Compensation Act through the reforms contained in
this legislation would be consistent with the practices of numerous
other Federal Agencies and programs, including Medicare, the Veterans'
Administration, the Federal Motor Carrier Safety Administration, the
Indian Health Service, and the Social Security Administration. They
don't create this additional barrier.
In rural communities, NPs and PAs may well be the only provider
within a reasonable distance. Delaying the certification of injuries or
illnesses for Federal workers means delays in their care. The longer
those delays take, the longer before they can get the treatment they
need to return to their jobs.
I also want to note that this bill would not increase Federal
spending. The Congressional Budget Office has found that this bill
would have an insignificant net effect on direct spending, reasoning
that while it may increase access to care for injured Federal
employees, it would be offset by
[[Page S8451]]
enabling them to return to work more quickly and to continue to serve
the American people.
Passage of the Improving Access to Workers' Compensation for Injured
Federal Workers Act is a winner across the board. It simply makes
common sense. It provides our dedicated Federal employees with
additional healthcare options when they need it most. It allows NPs and
PAs to share the knowledge they already have about their patients and
treat their illnesses and injuries that are work-related in a timely
fashion.
I urge all of my colleagues to join Senator Blumenthal and me in
supporting our bill.
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