,i #aacth ,,congress #ast ,session ,h4 ,r4 #cf ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,mr4 ,dent 7for himself and ,mr4 ,sessions7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to improve access to emergency medical services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,health ,care ,safety ,net ,enhancement ,act of #bjac4 #b4 ,constitutional authority ,the constitutional authority upon which this ,act rests is the power of the ,congress to provide for the general welfare1 to regulate commerce1 and to make all laws which shall be necessary and proper for carrying into execution ,federal powers1 as enumerated in section #h of article ,i of the ,constitution of the ,united ,states4 #c4 ,protection for emergency and related services furnished pursuant to ,,emtala ,section #bbd7;g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bcc7;g77 is amended-- 7#a7 in paragraph 7#d71 by striking ,an entity and inserting ,subject to paragraph 7#f71 an entity2 and 7#b7 by adding at the end the following3 7#f7 7,a7 ,for purposes of this section-- 7i7 an entity described in subparagraph 7,b7 shall be considered to be an entity described in paragraph 7#d72 and 7ii7 the provisions of this section shall apply to an entity described in subparagraph 7,b7 in the same manner as such provisions apply to an entity described in paragraph 7#d71 except that-- 7,i7 notwithstanding paragraph 7#a77;,b71 the deeming of any entity described in subparagraph 7,b71 or of an officer1 governing board member1 employee1 contractor1 or on-call provider of such an entity1 to be an employee of the ,public ,health ,service for purposes of this section shall apply only with respect to items and services that are furnished to an individual pursuant to section #ahfg of the ,social ,security ,act and to post stabilization services 7as defined in subparagraph 7,d77 furnished to such an individual2 7,,ii7 nothing in paragraph 7#a77;,d7 shall be construed as preventing a physician or physician group described in subparagraph 7,b77ii7 from making the application referred to in such paragraph or as conditioning the deeming of a physician or physician group that makes such an application upon receipt by the ,secretary of an application from the hospital or emergency department that employs or contracts with the physician or group1 or enlists the physician or physician group as an on-call provider2 7,,iii7 notwithstanding paragraph 7#c71 this paragraph shall apply only with respect to causes of action arising from acts or omissions that occur on or after ,january #a1 #bjad2 7,,iv7 paragraph 7#e7 shall not apply to a physician or physician group described in subparagraph 7,b77ii72 7,v7 the ,attorney ,general1 in consultation with the ,secretary1 shall make separate estimates under subsection 7k77#a7 with respect to entities described in subparagraph 7,b7 and entities described in paragraph 7#d7 7other than those described in subparagraph 7,b771 and the ,secretary shall establish separate funds under subsection 7k77#b7 with respect to such groups of entities1 and any appropriations under this subsection for entities described in subparagraph 7,b7 shall be separate from the amounts authorized by subsection 7k77#b72 7,,vi7 notwithstanding subsection 7k77#b71 the amount of the fund established by the ,secretary under such subsection with respect to entities described in subparagraph 7,b7 may exceed a total of #aj1jjj1jjj for a fiscal year2 and 7,,vii7 subsection 7m7 shall not apply to entities described in subparagraph 7,b74 7,b7 ,an entity described in this subparagraph is-- 7i7 a hospital or an emergency department to which section #ahfg of the ,social ,security ,act applies2 and 7ii7 a physician or physician group that is employed by1 is under contract with1 or is an on-call provider of such hospital or emergency department1 to furnish items and services to individuals under such section4 7,c7 ,for purposes of this paragraph1 the term on-call provider means a physician or physician group that-- 7i7 has full1 temporary1 or locum tenens staff privileges at a hospital or emergency department to which section #ahfg of the ,social ,security ,act applies2 and 7ii7 is not employed by or under contract with such hospital or emergency department1 but agrees to be ready and available to provide services pursuant to section #ahfg of the ,social ,security ,act or post-stabilization services to individuals being treated in the hospital or emergency department with or without compensation from the hospital or emergency department4 7,d7 ,for purposes of this paragraph1 the term post stabilization services means1 with respect to an individual who has been treated by an entity described in subparagraph 7,b7 for purposes of complying with section #ahfg of the ,social ,security ,act1 services that are-- 7i7 related to the condition that was so treated2 and 7ii7 provided after the individual is stabilized in order to maintain the stabilized condition or to improve or resolve the condition of the individual4 7,e7 7i7 ,nothing in this paragraph 7or in any other provision of this section as such provision applies to entities described in subparagraph 7,b7 by operation of subparagraph 7,a77 shall be construed as authorizing or requiring the ,secretary to make payments to such entities1 the budget authority for which is not provided in advance by appropriation ,acts4 7ii7 ,the ,secretary shall limit the total amount of payments under this paragraph for a fiscal year to the total amount appropriated in advance by appropriation ,acts for such purpose for such fiscal year4 ,if the total amount of payments that would otherwise be made under this paragraph for a fiscal year exceeds such total amount appropriated1 the ,secretary shall take such steps as may be necessary to ensure that the total amount of payments under this paragraph for such fiscal year does not exceed such total amount appropriated4 4