S.Amdt. 1721Senate109th Congress (2005-2007)

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.

Submitted September 15, 2005

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

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Senate amendment agreed to: Amendment SA 1721 agreed to in Senate by Unanimous Consent.

September 15, 2005

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Senate amendment proposed (on the floor): Amendment SA 1721 proposed by Senator Shelby for Senator Durbin.

September 15, 2005

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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

Floor

Amendment SA 1721 agreed to in Senate by Unanimous Consent.

September 15, 2005