Rural and Underserved Health Care Staffing Act

This Act may be cited as the Rural and Underserved Health Care Staffing Act.

Subject to paragraph (2), for the purposes of a Federal law or program described in subsection (b), with respect to health services performed by an individual who is a qualified locum tenens physician or advanced care practitioner—

(A) such individual shall not be considered an employee of the entity on behalf of which the services are performed, including any contracting agency or payor;

(B) such entity shall not be considered an employer of such individual; and

(C) any remuneration paid or received for such services shall be treated as remuneration for services performed by an independent contractor.

Paragraph (1) shall not apply with respect to any services for which an individual and a health care facility (or a contracting agency acting on behalf of a health care facility) expressly agree, in a written contract, to enter into an employer-employee relationship.

The Federal laws and programs described in this subsection are the following:

(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(2) The National Labor Relations Act (29 U.S.C. 151 et seq.).

(3) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).

(4) The Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

(5) The Family and Medical Leave Act (29 U.S.C. 2601 et seq.).

(6) The Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(7) The Public Health Service Act (42 U.S.C. 201 et seq.).

(8) Any program administered by the Department of Health and Human Services, to the extent that such program requires a determination of whether an individual is an employee of a health care facility (or a contracting agency acting on behalf of a health care facility) for program participation, certification, or compliance purposes.

In this section:

The term qualified locum tenens physician or advanced care practitioner means an individual who—

(A) provides temporary medical or clinical services on a locum tenens basis at a single site for a period not exceeding 1 continuous year;

(B) is—

(i) a doctor of medicine, osteopathy, dental surgery, or dental medicine legally authorized to practice in the State in which the individual performs such services;

(ii) a doctor of podiatric medicine or optometry legally authorized to practice in the State in which the individual performs such services;

(iii) a physician, as defined in—

(I) section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)); or

(II) section 8101(2) of title 5, United States Code; or

(iv) a nurse practitioner, physician assistant, or certified registered nurse anesthetist; and

(C) performs such services pursuant to a written agreement between the individual and a health care facility (or a contracting agency acting on behalf of a health care facility).

The term State means each of the several States, the District of Columbia, and the territories and possessions of the United States.

Nothing in this Act shall be construed to—

(1) affect or preempt State laws governing professional licensure or scope of practice;

(2) alter the application of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), including the imposition, collection, or calculation of taxes under subtitle C of such Code (such as taxes under the Federal Insurance Contributions Act or Federal Unemployment Tax Act and related withholding) or under chapter 2 of subtitle A of such Code (self-employment tax);

(3) alter the definition or treatment of the terms wages or self-employment income, or the calculation of benefits, under title II of the Social Security Act (42 U.S.C. 401 et seq.);

(4) affect eligibility for, benefit computation under, or contributions to any Federal or State unemployment compensation program; or

(5) alter eligibility for participation or reimbursement under—

(A) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);

(B) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.); or

(C) any other federally supported health program.

This section shall be implemented, as applicable, by the heads of the Federal departments and agencies responsible for administering the Federal laws and programs described in subsection (b). The Secretary of Health and Human Services shall implement this section with respect to the programs described in subsection (b)(8).

This section shall only apply to services performed on or after the date of enactment of this Act. Nothing in this section shall affect the interpretation of any applicable law with respect to services performed before such date of enactment.

If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of the remaining provisions, shall not be affected.