H.R. 7686 — Rural and Underserved Health Care Staffing Act

This section classifies qualified locum tenens physicians or advanced care practitioners—defined as doctors of medicine, osteopathy, dental surgery, dental medicine, podiatric medicine, optometry legally authorized in the state; physicians as defined in Social Security Act §1861(r) (42 U.S.C. 1395x(r)); nurse practitioners, physician assistants, or certified registered nurse anesthetists providing temporary services at a single site for ≤1 continuous year pursuant to a written agreement—as independent contractors (not employees) for specified federal laws and programs, including the Fair Labor Standards Act, National Labor Relations Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income Security Act, Public Health Service Act, and HHS-administered programs requiring employee determinations. Such classification excludes remuneration treatment as wages and applies except where an express written employer-employee contract exists. (Thus, health care facilities using locum tenens avoid certain federal employer obligations, such as wage/hour, anti-discrimination, leave, and union rules, for services performed on or after enactment.) A rule of construction specifies that the provision does not affect state licensure or scope-of-practice laws; tax, Social Security Title II, or unemployment compensation treatment; or Medicare, Medicaid, or other federal health program eligibility, participation, or reimbursement.