Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

114th Congress   }                                       {  Rept. 114-736
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {       Part 1

======================================================================



 
             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.