Health Care Safety Net Enhancement Act of 2019
This bill extends civil liability protections to physicians and physician groups that provide emergency or post-stabilization services in Medicare-participating hospitals.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3984 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3984
To improve access to emergency medical services, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2019
Mr. Flores (for himself, Mr. Marshall, and Mr. Babin) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To improve access to emergency medical services, 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 ``Health Care Safety Net Enhancement
Act of 2019''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of the Congress to provide for the general welfare, to regulate
commerce, and to make all laws which shall be necessary and proper for
carrying into execution Federal powers, as enumerated in section 8 of
article I of the Constitution of the United States.
SEC. 3. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED
PURSUANT TO EMTALA.
Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g))
is amended--
(1) in paragraph (4), by striking ``An entity'' and
inserting ``Subject to paragraph (6), an entity''; and
(2) by adding at the end the following:
``(6)(A) For purposes of this section--
``(i) an entity described in subparagraph (B) shall be
considered to be an entity described in paragraph (4); and
``(ii) the provisions of this section shall apply to an
entity described in subparagraph (B) in the same manner as such
provisions apply to an entity described in paragraph (4),
except that--
``(I) notwithstanding paragraph (1)(B), the deeming
of any entity described in subparagraph (B), or of an
officer, governing board member, employee, contractor,
or on-call provider of such an entity, to be an
employee of the Public Health Service for purposes of
this section shall apply only with respect to items and
services that are furnished to an individual pursuant
to section 1867 of the Social Security Act and to post
stabilization services (as defined in subparagraph (D))
furnished to such an individual;
``(II) nothing in paragraph (1)(D) shall be
construed as preventing a physician or physician group
described in subparagraph (B)(ii) from making the
application referred to in such paragraph or as
conditioning the deeming of a physician or physician
group that makes such an application upon receipt by
the Secretary of an application from the hospital or
emergency department that employs or contracts with the
physician or group, or enlists the physician or
physician group as an on-call provider;
``(III) notwithstanding paragraph (3), this
paragraph shall apply only with respect to causes of
action arising from acts or omissions that occur on or
after the date that is 6 months after the date of
enactment of this paragraph;
``(IV) paragraph (5) shall not apply to a physician
or physician group described in subparagraph (B)(ii);
``(V) the Attorney General, in consultation with
the Secretary, shall make separate estimates under
subsection (k)(1) with respect to entities described in
subparagraph (B) and entities described in paragraph
(4) (other than those described in subparagraph (B)),
and the Secretary shall establish separate funds under
subsection (k)(2) with respect to such groups of
entities, and any appropriations under this subsection
for entities described in subparagraph (B) shall be
separate from the amounts authorized by subsection
(k)(2);
``(VI) notwithstanding subsection (k)(2), the
amount of the fund established by the Secretary under
such subsection with respect to entities described in
subparagraph (B) may exceed a total of $10,000,000 for
a fiscal year; and
``(VII) subsection (m) shall not apply to entities
described in subparagraph (B).
``(B) An entity described in this subparagraph is--
``(i) a hospital or an emergency department to which
section 1867 of the Social Security Act applies; and
``(ii) a physician or physician group that is employed by,
is under contract with, or is an on-call provider of such
hospital or emergency department, to furnish items and services
to individuals under such section.
``(C) For purposes of this paragraph, the term `on-call provider'
means a physician or physician group that--
``(i) has full, temporary, or locum tenens staff privileges
at a hospital or emergency department to which section 1867 of
the Social Security Act applies; and
``(ii) is not employed by or under contract with such
hospital or emergency department, but agrees to be ready and
available to provide services pursuant to section 1867 of the
Social Security Act or post stabilization services to
individuals being treated in the hospital or emergency
department with or without compensation from the hospital or
emergency department.
``(D) For purposes of this paragraph, the term `post stabilization
services' means, with respect to an individual who has been treated by
an entity described in subparagraph (B) for purposes of complying with
section 1867 of the Social Security Act, services that are--
``(i) related to the condition that was so treated; and
``(ii) provided after the individual is stabilized in order
to maintain the stabilized condition or to improve or resolve
the condition of the individual.
``(E)(i) Nothing in this paragraph (or in any other provision of
this section as such provision applies to entities described in
subparagraph (B) by operation of subparagraph (A)) shall be construed
as authorizing or requiring the Secretary to make payments to such
entities, the budget authority for which is not provided in advance by
appropriation Acts.
``(ii) The Secretary shall limit the total amount of payments under
this paragraph for a fiscal year to the total amount appropriated in
advance by appropriation Acts for such purpose for such fiscal year. If
the total amount of payments that would otherwise be made under this
paragraph for a fiscal year exceeds such total amount appropriated, the
Secretary shall take such steps as may be necessary to ensure that the
total amount of payments under this paragraph for such fiscal year does
not exceed such total amount appropriated.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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