SEC. 528. WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS APPLICABLE TO
CERTAIN HEALTH PROFESSIONALS- (a) In General- Notwithstanding any other
provision of law, an eligible health professional may provide health-related
services under the medicare, medicaid, or SCHIP program under title XVIII,
XIX, or XXI of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.,
and 1397 et seq.) and under Indian Health Service programs, regardless of the
licensing or certification laws of the State in which such services are being
provided, during the 90-day period that begins on the date on which
eligibility is determined by the State licensing board of the State in which
such professional will provide health-related services under this subsection.
(b) Eligible Health Professional- To be eligible to provide health-related
services in a State during the period referred to in subsection (a) without
State licensure or certification, a health professional shall--
(1) be a physician, nurse, dentist, pharmacist, mental health
professional, or allied health profession, or any other professional
determined appropriate by the Secretary of Health and Human Services;
(2) have a valid license from, or be certified in, at least one of the
States affected by Hurricane Katrina, as described in subsection (d), and
not be affirmatively barred from practicing in that State;
(3) have been evacuated from Louisiana or Mississippi as a result of
Hurricane Katrina; and
(4) have applied, prior to March 31, 2006, for a license or
certification in the State in which such professional will provide the
health-related services under subsection (a) without State licensure or
certification.
(c) Evidence of Licensure-
(1) IN GENERAL- A State may develop a process to verify the licensing
credentials of a health professional to which this section applies if the
professional has no official evidence of licensure in his or her possession.
(2) FRAUD- An individual who wilfully provides any false or misleading
information to a Federal, State, or local official for purposes of being
covered under the provisions of this section shall, in addition to any State
penalties that may apply, be subject to a fine, as determined appropriate by
the Attorney General in accordance with title 18, United States Code.
(d) States Described- The States described in this subsection are
Louisiana and Mississippi.(e) Limitation- A health professional
may only elect to utilize the provisions of this section for a single 90-day
period.
(f) Rule of Construction- Nothing in this section shall be construed as
altering or affecting any procedures adopted by State health professional
licensing or certification boards relating to waivers of licensing and
certification requirements for health professionals affected by Hurricane
Katrina.(g) Definition- In this section, the term `health-related
services', as such term is applied to health professional under this section,
means services provided by a health professional that are consistent with the
scope of practice of the professional in the State in which such professional
is seeking licensure or certification.
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