STORM Act
The STORM Act would create a framework under the Stafford Disaster Relief and Emergency Assistance Act to mobilize private health care workforce platforms during declared emergencies. It defines what a health care workforce platform is, allows the President to certify platforms and enter into multi-year voluntary agreements to use them for surge staffing during emergencies, and enables coordination with states to temporarily waive out-of-state licensure requirements for independent contractor health care workers deployed through these platforms. The bill also sets up procedures, reporting, and liability protections for workers and platforms, and it directs the President to issue regulations to implement these provisions. The overall aim is to speed up and streamline the deployment of licensed health professionals from private platforms to areas affected by emergencies, while addressing licensure, accountability, and legal risk.
Key Points
- 1Define and enable use of health care workforce platforms: private tech platforms that partner with credentialed independent contractor health care workers, can surge capacity during emergencies, and are self-sustaining outside emergencies.
- 2Public-private partnership with the President: the President may certify platforms and enter into voluntary, multi-year (at least 1 year) agreements to use those platforms for the duration of declared emergencies.
- 3Facilitation of licensure waivers: the President can coordinate with states to waive out-of-state licensure for platform workers responding to an emergency, with model procedures including qualifications, background checks, and expedited deployment; platform vetting can be relied upon; coordination with states to implement waivers.
- 4Reporting: annual (and first-year) reporting to Congress on licensure waivers, deployment duration, and challenges related to waivers.
- 5Liability protections: broad protections for independent contractor workers and platforms for injuries or damages arising from authorized activities, with exceptions for willful misconduct, gross negligence, or bad faith; certain FTCA-related provisions would treat government-directed contractors as federal employees for claims arising within the scope of contracted activities during emergencies; regulatory groundwork to define applicability.
- 6Regulatory authority: the President would issue regulations necessary to implement these provisions, including how FTCA applicability is determined for platform workers and their organizations.