Strategic Teams for Organized Response Mobilization Act; STORM Act
Summary
The Strategic Teams for Organized Response Mobilization Act (STORM Act) aims to enhance the nation's emergency response capabilities by leveraging health care workforce platforms. It allows the President to certify and enter into agreements with these platforms for workforce surge capacity during declared emergencies. The act also facilitates state licensure waivers for out-of-state independent contractor health care workers responding to emergencies.
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include provisions for health care workforce platforms. It defines key terms such as 'emergency,' 'health care workforce platform,' and 'independent contractor health care worker.'
Furthermore, the act includes liability protections for independent contractor health care workers and health care workforce platforms, except in cases of willful misconduct, gross negligence, or bad faith.
Expected Effects
The STORM Act is likely to expedite the deployment of health care professionals during emergencies by streamlining the process of credentialing and licensing. It could also foster public-private partnerships to improve emergency response. The act may reduce the burden on states during crises by providing access to a larger pool of qualified health care workers.
This bill will create a framework for the federal government to partner with private sector health care platforms during emergencies. It will also require the President to submit annual reports to Congress on the use of state licensure waivers during emergencies.
Finally, the act will provide liability protections to health care workers and platforms operating under its provisions, encouraging participation.
Potential Benefits
- Faster Response Times: Streamlined credentialing and licensure waivers could lead to quicker deployment of healthcare workers during emergencies.
- Increased Workforce Capacity: Access to a larger pool of independent contractor health care workers can alleviate strain on existing resources.
- Public-Private Partnerships: Encourages collaboration between the government and private sector to improve emergency response.
- Liability Protection: Provides legal safeguards for healthcare workers and platforms, promoting participation.
- Standardized Procedures: Establishes model procedures for state licensure waivers, ensuring consistency and efficiency.
Potential Disadvantages
- Potential for Exploitation: Independent contractors may face unfair labor practices or inadequate compensation.
- Quality Control Concerns: Reliance on private platforms may raise concerns about the vetting and credentialing of healthcare workers.
- State Sovereignty: Federal facilitation of licensure waivers could be perceived as an infringement on state authority.
- Liability Limitations: The liability protections may shield negligent actors from accountability, except in cases of gross negligence or willful misconduct.
- Privacy Concerns: Sharing healthcare worker data with private platforms could raise privacy issues.
Most Disadvantaged Areas:
Constitutional Alignment
The STORM Act appears to align with the Constitution, particularly Article I, Section 8, which grants Congress the power to provide for the general welfare and to make all laws necessary and proper for carrying out its enumerated powers. The act's focus on emergency preparedness and response falls under the umbrella of national defense and general welfare.
The Act also touches on the Tenth Amendment, which reserves powers not delegated to the federal government to the states. The bill attempts to balance federal coordination with state authority by facilitating, but not mandating, state licensure waivers. The voluntary agreements clause respects state autonomy.
Furthermore, the liability protections afforded to healthcare workers and platforms could be seen as consistent with the Fifth Amendment's guarantee of due process, as long as they do not unduly infringe on the rights of individuals harmed by negligence.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).