TRIAGE Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6618 To direct the Secretary of Health and Human Services to establish a database to facilitate the provision of health care services by a volunteer at a Federal or State agency during the COVID–19 public health emer- gency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 24, 2020 Mr. CROW (for himself and Mr. WALTZ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to establish a database to facilitate the provision of health care services by a volunteer at a Federal or State agency during the COVID–19 public health emergency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Temporary Responders 4 for Immediate Aid in Grave Emergencies Act of 2020’’ 5 or the ‘‘TRIAGE Act of 2020’’. 6 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 2 •HR 6618 IH SEC. 2. HEALTH CARE PROFESSIONAL VOLUNTEER PRO- 1 GRAM. 2 (a) HEALTH CARE PROFESSIONAL VOLUNTEER 3 DATABASE.—Not later than 7 days after the date of en- 4 actment of this Act, the Secretary shall establish a data- 5 base to facilitate the provision of health care services by 6 volunteers during the period of the public health emer- 7 gency at Federal or State agencies. 8 (b) VOLUNTEER INFORMATION COLLECTION.—For 9 purposes of the database under subsection (a), the Sec- 10 retary shall establish a toll-free telephone number and a 11 public website to collect the relevant information of health 12 care professional volunteers, including— 13 (1) the contact information of a volunteer; and 14 (2) the Federal or State agency at which the 15 health care professional prefers to volunteer. 16 (c) COORDINATION.— The Secretary of Health and 17 Human Services shall coordinate with the Secretary of 18 Veterans Affairs, the Secretary of Defense, the Secretary 19 of Homeland Security, the Administrator of the Federal 20 Emergency Management Agency, the Attorney General of 21 the United States, and the State agencies with the pri- 22 mary responsibility for public health within the respective 23 States, to facilitate the exchange of information collected 24 pursuant to subsection (b). 25 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 3 •HR 6618 IH SEC. 3. GRANT PROGRAM TO EXPEDITE REACTIVATION OF 1 AN EXPIRED LICENSE. 2 (a) IN GENERAL.—The Secretary may award grants 3 to States for reactivating the expired licenses of health 4 care professionals to the extent necessary to allow such 5 professionals to volunteer, and assigning such profes- 6 sionals to volunteer, pursuant to section 2 during the pub- 7 lic health emergency. 8 (b) USE OF FUNDS.— 9 (1) PUBLIC HEALTH EMERGENCY.—During the 10 public health emergency, a State receiving a grant 11 under this section may use such funds to— 12 (A) expedite the reactivation of a medical 13 license, including— 14 (i) a criminal record history check and 15 similar vetting as required under State law 16 for each volunteer; 17 (ii) covering the cost of reactivation of 18 the license; 19 (iii) hiring additional staff; 20 (iv) providing appropriate refresher 21 training; and 22 (v) any other logistical, administra- 23 tive, or material costs that may arise; and 24 (B) implement a process to assign a health 25 care professional to a hospital, a health care 26 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 4 •HR 6618 IH clinic, or any other health care facility within 1 the State. 2 (2) TERMINATION OF PUBLIC HEALTH EMER- 3 GENCY.—If a State receiving a grant under this sec- 4 tion has grant funds remaining at the end of the 5 public health emergency, the State may use such 6 funds, during the 6-month period following such 7 emergency, for restoring health care system readi- 8 ness and procuring infectious disease personal pro- 9 tective equipment. 10 (c) REACTIVATED LICENSE.— 11 (1) IN GENERAL.—As a condition on receipt of 12 a grant under this section, a State shall require a 13 health care professional whose license is reactivated 14 pursuant to the grant to perform health care serv- 15 ices under the guidance of a health care professional 16 with an active license and in good standing on the 17 date of the enactment of this Act. 18 (2) RESTRICTION.—As a condition on receipt of 19 a grant under this section, a State may not use a 20 grant under this section to reactivate a license of an 21 unlicensed health care professional if— 22 (A) the unlicensed health care professional 23 was not in good standing when the medical li- 24 cense expired; or 25 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 5 •HR 6618 IH (B) the unlicensed health care professional 1 has been convicted of a crime that would limit 2 their ability to provide health care services. 3 (d) GRANT AMOUNT.—The amount of a grant under 4 this section shall not exceed $250,000. 5 (e) PERIOD OF THE GRANT.—The period of a grant 6 under this section shall be in effect only for the length 7 of the public health emergency. 8 (f) APPLICATION.—To be eligible to receive a grant 9 under this section, a State shall submit to the Secretary 10 an application in such form, and containing such informa- 11 tion, as the Secretary may require. 12 (g) RULE OF CONSTRUCTION.—Nothing in this Act 13 may be construed to require a State to continue in effect 14 a license beyond the public health emergency. 15 (h) AUTHORIZATION OF APPROPRIATION.—There is 16 authorized to be appropriated $10,000,000 to carry out 17 this section. 18 SEC. 4. DEFINITIONS. 19 In this Act: 20 (1) Subject to paragraph (7), the term ‘‘health 21 care professional’’ means an individual who is li- 22 censed, registered, or certified under Federal or 23 State law to provide health care services. 24 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 6 •HR 6618 IH (2) The term ‘‘health care services’’ means any 1 services provided by a health care professional, or by 2 any individual working under the supervision of a 3 health care professional, that relate to the assess- 4 ment or care of the health of a human being, includ- 5 ing the diagnosis, prevention, or treatment of 6 COVID-19. 7 (3) The term ‘‘license’’ includes a license, reg- 8 istration, or certification, as defined by the State of 9 licensure, registration, or certification to provide 10 health care services. 11 (4) The term ‘‘public health emergency’’ means 12 the public health emergency declared by the Sec- 13 retary pursuant to section 319 of the Public Health 14 Service Act (42 U.S.C. 247d) on January 31, 2020, 15 with respect to COVID–19. 16 (5) Except as otherwise specified in this Act, 17 the term ‘‘Secretary’’ means the Secretary of Health 18 and Human Services. 19 (6) The term ‘‘State’’ has the meaning given 20 the term in section 311 of title 5, United States 21 Code. 22 (7) The term ‘‘unlicensed health care profes- 23 sional’’ means a health care professional with an ex- 24 pired license. 25 VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS 7 •HR 6618 IH (8)(A) The term ‘‘volunteer’’ means a health 1 care professional who, with respect to the health 2 care services rendered, does not receive compensa- 3 tion or any other thing of value in lieu of compensa- 4 tion. 5 (B) In this paragraph the term ‘‘compensa- 6 tion’’— 7 (i) includes a payment under any insur- 8 ance policy or health plan, or under any Fed- 9 eral or State health benefits program; and 10 (ii) excludes— 11 (I) receipt of items to be used exclu- 12 sively for rendering health care services; 13 and 14 (II) excludes any direct payment or 15 something of value from a State, hospital, 16 or any other donation, including reim- 17 bursement for travel, lodging, and per 18 diem in lieu of subsistence. 19 Æ VerDate Sep 11 2014 04:28 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H6618.IH H6618 SSpencer on DSKJLSW7X2PROD with BILLS