[House Report 114-736]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-736
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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SPORTS MEDICINE LICENSURE CLARITY ACT OF 2016
_______
September 12, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 921]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 921) to provide protections for certain sports
medicine professionals who provide certain medical services in
a secondary State, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sports Medicine Licensure Clarity Act
of 2016''.
SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE PROFESSIONALS.
(a) In General.--In the case of a covered sports medicine
professional who has in effect medical professional liability insurance
coverage and provides in a secondary State covered medical services
that are within the scope of practice of such professional in the
primary State to an athlete or an athletic team (or a staff member of
such an athlete or athletic team) pursuant to an agreement described in
subsection (b)(4) with respect to such athlete or athletic team--
(1) such medical professional liability insurance coverage
shall cover (subject to any related premium adjustments) such
professional with respect to such covered medical services
provided by the professional in the secondary State to such an
individual or team as if such services were provided by such
professional in the primary State to such an individual or
team; and
(2) to the extent such professional is licensed under the
requirements of the primary State to provide such services to
such an individual or team, the professional shall be treated
as satisfying any licensure requirements of the secondary State
to provide such services to such an individual or team.
(b) Definitions.--In this Act, the following definitions apply:
(1) Athlete.--The term ``athlete'' means--
(A) an individual participating in a sporting event
or activity for which the individual may be paid;
(B) an individual participating in a sporting event
or activity sponsored or sanctioned by a national
governing body; or
(C) an individual for whom a high school or
institution of higher education provides a covered
sports medicine professional.
(2) Athletic team.--The term ``athletic team'' means a sports
team--
(A) composed of individuals who are paid to
participate on the team;
(B) composed of individuals who are participating in
a sporting event or activity sponsored or sanctioned by
a national governing body; or
(C) for which a high school or an institution of
higher education provides a covered sports medicine
professional.
(3) Covered medical services.--The term ``covered medical
services'' means general medical care, emergency medical care,
athletic training, or physical therapy services. Such term does
not include care provided by a covered sports medicine
professional--
(A) at a health care facility; or
(B) while a health care provider licensed to practice
in the secondary State is transporting the injured
individual to a health care facility.
(4) Covered sports medicine professional.--The term ``covered
sports medicine professional'' means a physician, athletic
trainer, or other health care professional who--
(A) is licensed to practice in the primary State;
(B) provides covered medical services, pursuant to a
written agreement with an athlete, an athletic team, a
national governing body, a high school, or an
institution of higher education; and
(C) prior to providing the covered medical services
described in subparagraph (B), has disclosed the nature
and extent of such services to the entity that provides
the professional with liability insurance in the
primary State.
(5) Health care facility.--The term ``health care facility''
means a facility in which medical care, diagnosis, or treatment
is provided on an inpatient or outpatient basis. Such term does
not include facilities at an arena, stadium, or practice
facility, or temporary facilities existing for events where
athletes or athletic teams may compete.
(6) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(7) National governing body.--The term ``national governing
body'' has the meaning given such term in section 220501 of
title 36, United States Code.
(8) Primary state.--The term ``primary State'' means, with
respect to a covered sports medicine professional, the State in
which--
(A) the covered sports medicine professional is
licensed to practice; and
(B) the majority of the covered sports medicine
professional's practice is underwritten for medical
professional liability insurance coverage.
(9) Secondary state.--The term ``secondary State'' means,
with respect to a covered sports medicine professional, any
State that is not the primary State.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
PURPOSE AND SUMMARY
The bill would enable physicians, athletic trainers, and
other covered health care professionals to provide limited
medical services, outside the state in which they are licensed
to practice and primarily insured, to athletes and athletic
teams with whom they have a written agreement.
The covered health care professional's liability insurance
coverage shall cover such professional outside of their primary
state for such limited services as if they were provided in the
primary state, subject to any related premium adjustments.
Further, to the extent the health care professional is licensed
in their primary state to provide such limited services, the
professional shall be treated as satisfying any licensure
requirements of a secondary state in which they provide such
services to the athlete or athletic team pursuant to a written
agreement.
BACKGROUND AND NEED FOR LEGISLATION
Athletic team physicians, trainers and other health care
professionals frequently travel with their teams to away games
or other sanctioned events outside of the state in which they
are licensed and primarily insured. When they provide such
services, they are risking their professional licenses and
subjecting themselves to liability that may not be covered by
their insurance. This bill would ensure that their license and
liability insurance covers them when providing specified
services in secondary states.
HEARINGS
The Subcommittee on Health held a hearing on H.R. 921 on
December 9, 2015. The Subcommittee received testimony from:
Chad Asplund, MD, MPH, FACSM, Athletic Medicine
and Head Team Physician, Georgia Southern University.
COMMITTEE CONSIDERATION
On June 8, 2016, the Subcommittee on Health met in open
markup session and favorably forwarded H.R. 921, as amended, to
the full Committee by a voice vote. On July 12, 13, and 14,
2016, the full Committee on Energy and Commerce met in open
markup session and ordered H.R. 921, as amended, favorably
reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no recorded votes taken in connection with ordering
H.R. 921 reported.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a legislative
hearing and made findings that are reflected in this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The purpose of this bill is to ensure that covered health
care professionals' license and liability insurance covers them
when providing specified services in secondary states to
athletes and athletic teams with whom they have a written
agreement to provide such services.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
921 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 921 contains no earmarks, limited tax benefits,
or limited tariff benefits.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974. At the
time this report was filed, the estimate was not available.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
At the time this report was filed, the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of 1974
was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H.R. 921 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that enacting H.R. 921 specifically
directs to be completed zero specific rule makings within the
meaning of 5 U.S.C. 551.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1: Short title
Section 1 provides the short title of ``Sports Medicine
Licensure Clarity Act of 2016.''
Section 2: Protections for covered sports medicine professionals
Section 2 states that in the case of a physician, athletic
trainer, or other health care professional who has in effect
liability insurance coverage and provides covered medical
services in a secondary state to an athlete or athletic team
with whom the professional has a written agreement to provide
such services, such liability insurance shall cover the
professional, subject to any related premium adjustments, as if
such services were provided in the primary state, which is the
state where they are licensed to practice and the majority of
their practice is underwritten for liability insurance
coverage.
Section 2 also states that to the extent such professional
is licensed under the requirements of the primary state to
provide certain services to an athlete or athletic team, the
professional shall be treated as satisfying any licensure
requirements of a secondary state to provide such services.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.