H.R. 870House110th Congress (2007-2009)In Committee

To amend the Public Health Service Act to provide liability protections for employees and contractors of health centers under section 330 of such Act who provide health services in emergency areas.

Introduced February 7, 2007

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

February 8, 2007

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HouseIntro Referral

Introduced in House

February 7, 2007

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 7, 2007

HouseCommittee

Referred to the Subcommittee on Health.

February 8, 2007

Floor Debate

8 members

What members said about H.R. 870 on the floor

6 Republicans2 Democrats
Gene Green
Rep. Gene GreenD-TX-29 · Jun 4, 2008

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1343) to amend the Public Health Service Act to provide additional authorizations of appropriations for the health centers program…

Nathan Deal
Rep. Nathan DealR-GA-9 · Jun 4, 2008

Madam Speaker, I rise today in support of H.R. 1343, the Health Centers Renewal Act. I have been a long time supporter of the community health centers program because health centers provide quality…

Tim Murphy
Rep. Tim MurphyR-PA-18 · Jun 4, 2008

Madam Speaker, I thank Ranking Member Deal and I thank Mr. Green for this very, very important bill, this Health Centers Renewal Act to provide some very, very important coverage for some of our most…

Lee Terry
Rep. Lee TerryR-NE-2 · Jun 4, 2008

Thank you, and I, too, rise in support of our community health centers and the reauthorization. We have two in my district in Omaha. We have the One World Health Center. It used to be known as the…

Kay Granger
Rep. Kay GrangerR-TX-12 · Jun 4, 2008

Madam Speaker, I rise today in strong support of the Health Centers Renewal Act. As important as this bill is to local communities, I believe the first thing we should be dealing with is gas prices…

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John M. McHugh
Rep. John M. McHughR-NY-23 · Jun 4, 2008

Madam Speaker, I rise today in support of H.R. 1343, the Health Centers Renewal Act of 2007. I am proud to be a cosponsor of this legislation, which would reauthorize the community health centers…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Jun 4, 2008

Madam Speaker, I'm a medical doctor. As a physician, I have been a medical director in a National Health Service Corps community health clinic. I have given away hundreds of thousands of dollars of…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Jun 4, 2008

Madam Speaker, I enthusiastically rise today in support of H.R. 1343, The Health Centers Renewal Act of 2007. For over 40 years, community health centers have provided cost-effective, high-quality…

Bill Text

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Introduced in HouseIssued February 7, 2007

I

110th CONGRESS

1st Session

H. R. 870

IN THE HOUSE OF REPRESENTATIVES

February 7, 2007

Mr. Gillmor (for himself, Ms. DeGette, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Public Health Service Act to provide liability protections for employees and contractors of health centers under section 330 of such Act who provide health services in emergency areas.

1.

Public Health Service Act; liability protections for health-center practitioners providing services in emergency areas

(a)

In general

Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) is amended—

(1)

in paragraph (1)(B)(ii), by striking subparagraph (C) and inserting subparagraph (C) and paragraph (6); and

(2)

by adding at the end the following paragraph:

(6)
(A)

Subject to subparagraph (C), paragraph (1)(B)(ii) applies to health services provided to individuals who are not patients of the entity involved if, as determined under criteria issued by the Secretary, the following conditions are met:

(i)

The services are provided by a contractor or employee of the entity who is a physician or other licensed or certified health care practitioner and who is otherwise deemed to be an employee for purposes of paragraph (1)(A) when providing services with respect to the entity.

(ii)

The services are provided in an emergency area (as defined in subparagraph (D)).

(iii)

The services of the contractor or employee (referred to in this paragraph as the out-of-area practitioner) are provided under an arrangement with—

(I)

an entity that is deemed to be an employee for purposes of paragraph (1)(A) and that serves the emergency area involved (referred to in this paragraph as an emergency-area entity); or

(II)

a Federal agency that has responsibilities regarding the provision of health services in such area during the emergency.

(iv)

The purposes of the arrangement are—

(I)

to coordinate, to the extent practicable, the provision of health services in the emergency area by the out-of-area practitioner with the provision of services by the emergency-area entity, or by the Federal agency, as the case may be;

(II)

to identify a location in the emergency area to which such practitioner should report for purposes of providing health services, and to identify an individual or individuals in the area to whom the practitioner should report for such purposes; and

(III)

to verify the identity of the practitioner and that the practitioner is licensed or certified by one or more of the States.

(v)

With respect to the licensure or certification of health care practitioners, the provision of services by the out-of-area practitioner in the emergency area is not a violation of the law of the State in which the area is located.

(B)

In issuing criteria under subparagraph (A), the Secretary shall take into account the need to rapidly enter into arrangements under such subparagraph in order to provide health services in emergency areas promptly after the emergency begins.

(C)

Subparagraph (A) applies with respect to an act or omission of an out-of-area practitioner only to the extent that the practitioner is not immune from liability for such act or omission under the Volunteer Protection Act of 1997.

(D)

For purposes of this paragraph, the term emergency area means a geographic area for which—

(i)

the Secretary has made a determination under section 319 that a public health emergency exists; or

(ii)

a presidential declaration of major disaster has been issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

.

(b)

Effective date

With respect to paragraph (6) of section 224(g) of the Public Health Service Act, as added by subsection (a) of this section:

(1)

Except as provided in this subsection, an arrangement under subparagraph (A)(iii) of such paragraph (6) is deemed to be in effect for any health professional who, within the meaning of such paragraph—

(A)

is an employee or contractor of a health center under section 330 of such Act; and

(B)

served or is serving as an out-of-area practitioner in any emergency area declared as a result of Hurricane Katrina or Hurricane Rita.

(2)

Such paragraph (6) is deemed to have taken effect on August 27, 2005, for purposes of paragraph (1) of this subsection. Such paragraph (6) otherwise takes effect on the date of the enactment of this Act.

(3)

Paragraph (1) of this subsection applies until the expiration of the 48-hour period beginning on the date on which the Secretary of Health and Human Services publishes in the Federal Register a notice that the applicability of such paragraph is being terminated.