,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gech ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbj,mr4 ,kelly of ,pennsylvania introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on ,house ,administration1 ,oversight and ,reform1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,families ,first ,coronavirus ,response ,act to provide paid sick leave for health care providers and emergency responders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,essential ,workforce ,parity ,act4 #b4 ,amendments 7a7 ,in general ,section #eajb of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note7 is amended-- 7#a7 in subsection 7a71 in the matter following paragraph 7#f7-- 7,a7 by inserting of paragraphs 7#a71 7#c71 7#d71 7#e71 and 7#f7 after employee from the application2 and 7,b7 by adding ,paragraph 7#b7 shall apply with respect to an employee who is a health care provider by substituting because such provider determines that the employee has tested positive for ,,covid-#ai or attests that the employee is at greater risk for ,,covid-#ai because the employee is living with someone who has tested positive for ,,covid-#ai4 for due to concerns related to ,,covid-#ai42 and 7#b7 by adding at the end the following3 7g7 ,certification for health care providers 7#a7 ,in general ,if an employer requires that a request for leave by a health care provider under subsection 7a77#b7 be certified1 the employer may require documentation for certification not earlier than #e weeks after the date on which the employee takes such leave4 7#b7 ,sufficient documentation ,documentation of a positive ,,covid-#ai test or an attestation from a health care provider of an employee that the employee meets the requirements under subsection 7a77#b7 shall be sufficient for certification4 4 7b7 ,regulatory authority ,section #eaaa of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note7 is amended by striking paragraph 7#a7 and redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively4 #c4 ,limitation on liability for health care professionals and related health care entities related to ,,covid-#ai emergency response 7a7 ,limitation on liability ,except as provided in subsection 7c71 a health care professional1 the professional's related health care entity1 and any other staff of the related health care entity1 shall not be liable for damages under any law of the ,united ,states or of any ,state 7or political subdivision thereof7 for any harm caused by any act or omission of such health care professional1 related health care entity1 or other staff1 in the course of arranging for or providing health care services if-- 7#a7 the act or omission occurs during the ,,covid-#ai emergency period and the #fj-;day period following such emergency period2 7#b7 the act or omission occurs in the course of providing health care services that-- 7,a7 are within the scope of the license1 registration1 or certification of the health care professional1 as defined by the health care professional's ,state of licensure1 registration1 or certification2 and 7,b7 do not exceed the scope of license1 registration1 or certification of a substantially similar health professional in the ,state in which such act or omission occurs2 and 7#c7 the health care services in question were provided in good faith or were withheld for reasons related to the ,,covid-#ai emergency period4 7b7 ,additional covered acts ,except as provided under subsection 7c71 the limitation on liability under subsection 7a7 shall apply to any act or omission that may be outside the health care professional's normal area of practice and are within the licensure and accreditation of the related health care entity that is-- 7#a7 based on any direction1 guidance1 recommendation1 or other statement made by a ,federal1 ,state1 or local official to address or in response to the ,,covid-#ai emergency period2 7#b7 based on any guidance published by any ,federal1 ,state1 or local department or any division or agency of such department in response to the ,,covid-#ai emergency period2 or 7#c7 undertaken or omitted due to a lack of resources1 including manpower1 attributable to the ,,covid-#ai emergency period4 7c7 ,exceptions ,subsections 7a7 and 7b7 do not apply if-- 7#a7 the harm was caused by an act or omission constituting willful or criminal misconduct1 gross negligence1 reckless misconduct1 or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional or related health care entity2 or 7#b7 the health care professional rendered the health care services under the influence 7as determined pursuant to applicable ,state law7 of alcohol or an intoxicating drug 7other than where the health care professional is properly taking a prescription drug ordered by a physician74 7d7 ,preemption 7#a7 ,in general ,this section preempts the laws of a ,state or any political subdivision of a ,state to the extent that such laws are inconsistent with this section1 unless such laws provide greater protection from liability4 7#b7 ,volunteer ,protection ,act ,protections afforded by this section are in addition to those provided by the ,volunteer ,protection ,act of #aiig 7,public ,law #aje-ai74 7e7 ,definitions ,in this section-- 7#a7 the term harm includes physical1 nonphysical1 economic1 and noneconomic injury or losses2 7#b7 the term health care professional means an individual who is licensed1 registered1 or certified under ,federal or ,state law to provide health care services2 7#c7 the term related health care entity means an entity with which a health care professional has a professional affiliation under which the health care professional performs health care services1 including any such skilled nursing facility1 hospital1 academic medical center1 ambulatory surgical center1 group medical practice1 or medical clinic2 7#d7 the term professional affiliation means staff privileges1 medical staff membership1 employment or contractual relationship1 partnership or ownership interest1 academic appointment1 or other affiliation under which a health care professional provides health care services on behalf of1 or in association with1 the related health care entity2 7#e7 the term health care services means any services rendered or items provided by a health care professional or the professional's related health care entity1 or by any individual working under the supervision of a health care professional1 that relate to-- 7,a7 the treatment1 diagnosis1 prevention1 or mitigation of ,,covid-#ai2 7,b7 treatment1 diagnosis1 or care with respect to an individual with a confirmed or suspected case of ,,covid-#ai2 or 7,c7 treatment1 diagnosis1 or care with respect to an individual who presents to a health care professional or the professional's related health care entity during the ,,covid-#ai emergency period2 and 7#f7 the term ,,covid-#ai emergency period has the meaning given the term emergency period in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b774 7f7 ,effective date ,this section shall apply with respect to any act or omission described in this section that occurred on or after the date on which the ,,covid-#ai emergency period began4