Section 1 Short title
This Act may be cited as the “Health Care Practitioner Disaster Protection Act”.
Health Care Practitioner Disaster Protection Act
A BILL
To amend title II of the Public Health Service Act to provide clarity with respect to coverage of claims against health care practitioners providing health professional volunteer services at community health centers during declared emergencies.
Sec. 2 Coverage of claims against practitioners providing health professional volunteer services at community health centers during declared emergencies
In general— Section 224(q)(3) of the Public Health Service Act (42 U.S.C. 233(q)(3)) is amended by adding at the end the following:
“(E) Notwithstanding the process described in clauses (i) and (ii) of subparagraph (B), a health care practitioner who is a health professional volunteer sponsored by an entity described in subsection (g)(4) shall be deemed to be sponsored by another entity described in subsection (g)(4) if—
“(i) such other entity seeks the assistance of such health professional volunteer for purposes of responding to a declared emergency;
“(ii) such other entity submits a notification of such assistance to the Secretary not later than 15 days after the first day on which such volunteer is to begin service at such entity; and
“(iii) such volunteer is serving at such entity pursuant to such notification during a covered service period.
“(F) For purposes of subparagraph (E):
“(i) The term covered service period means the period—
“(I) beginning on the later of—
“(aa) the date on which the volunteer begins service at another entity described in subsection (g)(4); or
“(bb) the first day of a declared emergency, as determined by the Secretary, acting through the Administrator of the Health Resources and Services Administration; and
“(II) ending on the earliest of—
“(aa) the date on which the declared emergency ends;
“(bb) the date on which the provider stops volunteering at such other entity; or
“(cc) 90 days after the date determined under subclause (I).
“(ii) The term declared emergency means—
“(I) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and
“(II) a public health emergency declared by the Secretary pursuant to section 319.”
Conforming amendments— Section 224(q) of the Public Health Service Act (42 U.S.C. 233(q)) is amended—
in paragraph (2)—
in subparagraph (B), by inserting before the period at the end the following: “(or is deemed to be sponsoring a health care practitioner pursuant to paragraph (3)(E))”; and
in subparagraph (E), by inserting before the period at the end the following: “(and in the case of a health care practitioner providing services at another entity described in subsection (g)(4) pursuant to paragraph (3)(E), the State in which such other entity is located)”; and
in paragraph (3)(B), in the matter preceding clause (i), by striking “With respect” and inserting “Except as provided in subparagraph (E), with respect”.