Long-awaited legislation poised to hit the president's desk as of press time extends liability insurance coverage from one state to another for DCs and other state-licensed health care professionals who care for athletes / athletic teams that cross state lines.
"The Sports Medicine Licensure Clarity Act" (H.R. 302) was introduced in January 2017 and passed by the House almost immediately. The Senate, however, did not approve the legislation until Sept. 6, 2018, and in so doing, returned the bill with minor changes to the House.
Here’s what the legislation states with respect to travel-to-treat coverage:
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 (c)(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 to the extent the licensure requirements of the secondary State are substantially similar to the licensure requirements of the primary State."
H.R. 302 defines a covered sports medicine professional as "a physician, athletic trainer, or other health care professional who is licensed to practice in the primary state; provides covered 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 has disclosed the nature and extent of such services to the entity that provides the professional with liability insurance in the primary State."
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