Capps, Durbin To Introduce Healthcare Legislation To Help Cover Victims' Emergency Treatment Costs

Press Release

Congresswoman Lois Capps will introduce legislation on Monday, May 4th to guarantee emergency treatment for victims affected by a major public health disaster, regardless of their health insurance status or ability to pay. Senator Dick Durbin will introduce companion legislation in the Senate later today.

The Public Health Emergency Response Act (PHERA), first introduced by Capps and Durbin in July 2008, would ensure every American could seek the medical treatment they need in the immediate aftermath of events such as pandemic flu outbreak, hurricanes, wild fires, or terrorist attacks without being deterred by prohibitive health care costs. PHERA would help protect victims from unnecessary illness or death, guard the general public from contracting communicable diseases, and protect hospitals and localities from bearing the costs of medical care resulting from disasters. The legislation is particularly timely given the recent outbreak of the H1N1 flu and the enormous strain this outbreak is placing on local clinics and hospitals.

"As we face the serious challenges of the emerging H1N1 flu outbreak we are once again reminded of the importance of having a strong public health safety-net," said Rep. Capps, a public health nurse and Vice-Chair of the Energy and Commerce Committee's Subcommittee on Health. "Whether it's a terrorist attack like 9-11, a hurricane or a widespread infectious disease outbreak, no one should hesitate to seek care for themselves or their children because of a fear of medical costs. In a time of acute crisis, the risks are too big to let Americans simply fend for themselves and ask hospitals and localities to pick up the tab."

"The Public Health Emergency Response Act would make it easier for uninsured victims to seek medical care and ensure that health care professionals can be reimbursed for treating them," said Senator Durbin. "Whether the emergency is a hurricane hitting the Gulf Coast, floodwaters in the Midwest, or an international flu outbreak, those affected should have the assurance that the U.S. government will assist them in their time of need. People who don't may not seek care, leaving themselves vulnerable to worsening health conditions and exacerbating the situation on the ground. This measure would help save lives and ensure a functioning health care system for whatever lies ahead."

"During an infectious disease outbreak, no patient should have to worry that they'll be turned away when they need care. The current swine flu emergency reinforces this need," said Jeff Levi, PhD, Executive Director of Trust For America's Health. "Due to the recession, uninsured rates are higher than ever, yet public health officials are urging anyone with flu-like symptoms to seek care. It all just doesn't add up and we need a better solution.

"PHERA would ensure that treatment is available for all Americans, including the uninsured, because when it comes to infectious disease, if one infected person can't get treatment, we are all more vulnerable. In addition, hospitals and health providers shouldn't have to worry whether they'll be compensated for providing care to individuals in need in an emergency. Trust for America's Health thanks Sen. Durbin and Rep. Capps for their continuing leadership on this issue, especially at this time of uncertainty in our country."

PHERA would put into place a framework to provide reimbursement for uncompensated care in the event of a major public health emergency. The plan would allow the Secretary of Health and Human Services to trigger a temporary (90 day) emergency health benefit for uninsured and otherwise qualified individuals affected by a disaster, in the event that the Secretary declares that a public health emergency exists and opts to activate the benefit.

The legislation would clarify who is eligible for this benefit, limit the amount of time for which the benefit would last, and stipulate what providers would be covered. It would not use Medicare, Medicaid or SCHIP funding. The funding mechanism would be the Public Health Emergency Fund, a no-year fund available to the Secretary. The bill authorizes funding for an education campaign about the availability of the benefit, but further funding would not be necessary until Congress appropriated funds during a declared public health emergency.

The temporary benefit established through this bill would help remove a disincentive for uninsured individuals to promptly seek medical care. Any delay in seeking care could result in lives lost, particularly during an infectious disease outbreak when immediate identification and isolation are necessary to limit the spread of disease, and delay in seeking care could render treatment ineffective. By helping to reduce the burden of uncompensated care, PHERA would help ensure the solvency and continuity of our health care system during a catastrophic emergency.

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