To permit certain health professionals who are displaced by Hurricane Katrina to provide health-related services under the medicare, medicaid, SCHIP, and Indian Health Service programs in States to which such professionals relocate.
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 1721. Mr. SHELBY (for Mr. Durbin (for himself and Mr. Coburn))
proposed an amendment to the bill H.R. 2862, An Act making
appropriations for the Departments of Commerce and Justice, Science,
and related agencies for the fiscal year ending September 30, 2006, and
for other purposes; as follows:.
At the appropriate place, insert the following:
SEC. __. WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS
APPLICABLE TO CERTAIN HEALTH PROFESSIONALS.
(a) In General.--Notwithstanding any other provision of
law, an eligible health professional may provide health-
related services under the medicare, medicaid, or SCHIP
program under title XVIII, XIX, or XXI of the Social Security
Act (42 U.S.C. 1395 et seq., 1396 et seq., and 1397 et seq.)
and under Indian Health Service programs, regardless of the
licensing or certification laws of the State in which such
services are being provided, during the 90-day period that
begins on the date on which eligibility is determined by the
State licensing board of the State in which such professional
will provide health-related services under this subsection.
(b) Eligible Health Professional.--To be eligible to
provide health-related services in a State during the period
referred to in subsection (a) without State licensure or
certification, a health professional shall--
(1) be a physician, nurse, dentist, pharmacist, mental
health professional, or allied health profession, or any
other professional determined appropriate by the Secretary of
Health and Human Services;
(2) have a valid license from, or be certified in, at least
one of the States affected by Hurricane Katrina, as described
in subsection (d), and not be affirmatively barred from
practicing in that State;
(3) have been evacuated from Louisiana or Mississippi as a
result of Hurricane Katrina; and
(4) have applied, prior to March 31, 2006, for a license or
certification in the State in which such professional will
provide the health-related services under subsection (a)
without State licensure or certification.
(c) Evidence of Licensure.--
(1) In general.--A State may develop a process to verify
the licensing credentials of a health professional to which
this section applies if the professional has no official
evidence of licensure in his or her possession.
(2) Fraud.--An individual who wilfully provides any false
or misleading information to a Federal, State, or local
official for purposes of being covered under the provisions
of this section shall, in addition to any State penalties
that may apply, be subject to a fine, as determined
appropriate by the Attorney General in accordance with title
18, United States Code.
(d) States Described.--The States described in this
subsection are Louisiana and Mississippi.
(e) Limitation.--A health professional may only elect to
utilize the provisions of this section for a single 90-day
period.
(f) Rule of Construction.--Nothing in this section shall be
construed as altering or affecting any procedures adopted by
State health professional licensing or certification boards
relating to waivers of licensing and certification
requirements for health professionals affected by Hurricane
Katrina.
(g) Definition.--In this section, the term ``health-related
services'', as such term is applied to health professional
under this section, means services provided by a health
professional that are consistent with the scope of practice
of the professional in the State in which such professional
is seeking licensure or certification.
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Senate amendment submitted
September 15, 2005
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Senate amendment submitted
September 15, 2005
Senate amendment agreed to: Amendment SA 1721 agreed to in Senate by Unanimous Consent.
September 15, 2005
Senate amendment proposed (on the floor): Amendment SA 1721 proposed by Senator Shelby for Senator Durbin.
September 15, 2005
Amendment SA 1721 proposed by Senator Shelby for Senator Durbin. (consideration: CR S10065-10066; text: CR S10065-10066) To permit certain health professionals who are displaced by Hurricane Katrina to provide health-related services under the medicare, medicaid, SCHIP, and Indian Health Service programs in States to which such professionals relocate.
September 15, 2005
Amendment SA 1721 agreed to in Senate by Unanimous Consent.
September 15, 2005