H.R. 5739, The Physician Availability Act of 2008

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

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H.R. 5739 would assure that the services of a nonemergency department physician are available to hospital patients 24-hours-a-day, seven days a week in all non-Federal hospitals with at least 100 licensed beds.

Detailed Summary

Physician Availability Act of 2008 - Requires each covered hospital to have a qualified physician available in the hospital 24 hours a day, seven days a week, to attend to the needs of the hospital's inpatients.

Defines a "covered hospital" to: (1) include hospitals participating in Medicare or Medicaid or receiving federal funds; and (2) exclude hospitals in a federal facility or hospitals that the Secretary of Health and Human Services determines have fewer than 100 licensed beds.

Considers a physician to be available if: (1) the physician is physically present in the hospital; (2) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (3) the physician is not physically present in, assigned to, serving in, or expected to cover the hospital's emergency room or emergency department.

Sets forth penalties for violations.

Status of the Legislation

Latest Major Action: 4/10/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Environment and Hazardous Materials.

Points in Favor

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Points Against

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