Rural and Underserved Health Care Staffing Act
Sponsored By: Representative Carter (GA)
Introduced
Summary
This bill would create federal recognition of locum tenens clinicians as independent contractors for certain federal laws and programs, rather than employees. It targets temporary clinicians working up to 1 year at a single site and directs federal agencies, including HHS, to apply the rule for program participation and compliance.
Show full summary
- Locum tenens clinicians: It would classify qualifying temporary clinicians as independent contractors when they provide services for up to 1 continuous year under a written agreement. Covered clinician types include physicians, dentists, podiatrists, optometrists, nurse practitioners, physician assistants, and certified registered nurse anesthetists.
- Health care facilities and contracting agencies: Those entities would not be treated as employers for these services unless they explicitly agree in writing to an employer-employee relationship.
- Federal laws and programs: The classification would apply for purposes of laws such as the Fair Labor Standards Act, National Labor Relations Act, Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, ERISA, the Public Health Service Act, and HHS programs that determine employment status.
- Limits and safeguards: The bill does not change State licensure or scope-of-practice rules and does not alter tax treatment, Social Security wage definitions, unemployment program eligibility, or Medicare and Medicaid eligibility or reimbursement.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Social Security rules stay the same
If enacted, the bill would not change how Social Security counts wages or self-employment income or how benefits are calculated under title II. Your benefit calculations and earnings records would stay the same. This protection applies to services performed after enactment.
Medicare and Medicaid protections kept
If enacted, the bill would not change eligibility for participation in or reimbursement under Medicare, Medicaid, or any other federally supported health program. Your coverage and provider payment rules would stay the same for services after enactment.
New contractor rules for locum clinicians
If enacted, the bill would treat qualifying locum tenens physicians and advanced practitioners as independent contractors for several federal employment and civil-rights laws. To qualify, you would have to be a listed licensed practitioner, work at a single site for no more than one continuous year, and have a written agreement with the facility or its contracting agency. The bill would let agencies (with HHS leading for HHS programs) apply this rule, and it would only apply to services performed after enactment. The bill would not change State licensure or scope-of-practice laws, and you and a facility could still sign a written contract saying you are an employee.
Unemployment rules remain unchanged
If enacted, the bill would not affect eligibility for, benefit calculations under, or employer contributions to any Federal or State unemployment compensation program. Unemployment benefits and contribution rules would stay the same for services after enactment.
Federal tax rules would not change
If enacted, the bill would not change how the Internal Revenue Code is applied. Payroll taxes (FICA), unemployment taxes (FUTA), withholding, and self-employment tax rules would stay the same for services after enactment.
Sponsors & CoSponsors
Sponsor
Carter (GA)
GA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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