Sec. 208. CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE PROFESSIONALS

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## SEC. 208 CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE PROFESSIONALS ###

(a)In General Title II (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: > > ## “SEC. 225 HEALTH CARE PROFESSIONALS ASSISTING DURING A PUBLIC HEALTH EMERGENCY > > **[**[42 U.S.C. 234](/us/usc/t42/s234)**]** > > > ### “(a) Limitation on Liability > > Notwithstanding any other provision of law, a health care professional who is a member of the Medical Reserve Corps under section 2813 or who is included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I and who— > > > #### “(1) > > is responding— > > > ##### “(A) > > to a public health emergency determined under section 319(a), during the initial period of not more than 90 days (as determined by the Secretary) of the public health emergency determination (excluding any period covered by a renewal of such determination); or > > > ##### “(B) > > to a major disaster or an emergency as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or under section 201 of the National Emergencies Act (50 U.S.C. 1621) during the initial period of such declaration; > > > #### “(2) > > is alleged to be liable for an act or omission— > > > ##### “(A) > > during the initial period of a determination or declaration described in paragraph

(1)and related to the treatment of individuals in need of health care services due to such public health emergency, major disaster, or emergency; > > > ##### “(B) > > in the State or States for which such determination or declaration is made; > > > ##### “(C) > > in the health care professional’s capacity as a member of the Medical Reserve Corps or a professional included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I; and > > > ##### “(D) > > in the course of providing services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; and > > > #### “(3) > > prior to the rendering of such act or omission, was authorized by the State’s authorization of deploying such State’s Emergency System for Advance Registration of Volunteer Health Professionals described in section 319I or the Medical Reserve Corps established under section 2813, to provide health care services, > > shall be subject only to the State liability laws of the State in which such act or omission occurred, in the same manner and to the same extent as a similar health care professional who is a resident of such State would be subject to such State laws, except with respect to the licensure, registration, and certification of such individual. > > > ### “(b) Volunteer Protection Act > > Nothing in this section shall be construed to affect an individual’s right to protections under the Volunteer Protection Act of 1997. > > > ### “(c) Preemption > > This section shall supersede the laws of any State that would subject a health care professional described in subsection

(a)to the liability laws of any State other than the State liability laws to which such individual is subject pursuant to such subsection. > > > ### “(d) Definitions > > In this section: > > > #### “(1) > > The term ‘health care professional’ means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services. > > > #### “(2) > > The term ‘health care services’ means any services provided by a health care professional, or by any individual working under the supervision of a health care professional, that relate to— > > > ##### “(A) > > the diagnosis, prevention, or treatment of any human disease or impairment; or > > > ##### “(B) > > the assessment or care of the health of human beings. > > > ### “(e) Effective Date > > > #### “(1) In general > > This section shall take effect 90 days after the date of the enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019. > > > #### “(2) Application > > This section shall apply to a claim for harm only if the act or omission that caused such harm occurred on or after the effective date described in paragraph (1).” > . ###

(b)GAO Study Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of— ####

(1)the number of health care providers who register under the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I of the Public Health Service Act (42 U.S.C. 247d-7b) in advance to provide services during a public health emergency; ####

(2)the number of health care providers who are credentialed to provide services during the period of a public health emergency declaration, including those who are credentialed though programs established in the Emergency System for Advance Registration of Volunteer Health Professionals under such section 319I and those credentialed by authorities within the State in which the emergency occurred; ####

(3)the average time to verify the credentials of a health care provider during the period of a public health emergency declaration, including the average time pursuant to the Emergency System for Advance Registration of Volunteer Health Professionals under such section 319I and for an individual’s credentials to be verified by an authority within the State; and ####

(4)the Emergency System for Advance Registration of Volunteer Health Professionals program in States, including whether physician or medical groups, associations, or other relevant provider organizations utilize such program for purposes of volunteering during public health emergencies.

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Sec. 208

CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE PROFESSIONALS

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