Improving Access to Workers' Compensation for Injured Federal Workers Act of 2022
Floor Speech
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 6087, the Improving Access to Workers' Compensation for Injured Federal Workers Act, is a commonsense bill to improve access to care for workers under the Federal Employees' Compensation, or FECA, program.
I rise in support of this bill that I have co-led with my friend and colleague, Representative Courtney, and thank him, his staff, my staff, the staff of the Committee on Education and Labor for their diligent work on this legislation.
The bill simply allows nurse practitioners or physician assistants to care for Federal employees under the Federal workers' compensation program so long--and I make this clear--so long as that care is within their scope of practice under State law.
Under current Federal law, only a physician can diagnose, certify, and oversee the treatment of an injured Federal worker receiving compensation benefits. This requirement places an additional burden on Federal employees who may have to drive great distances to receive care from an approved provider.
Additionally, it limits the injured individual's choice, depriving them from receiving healthcare from the provider with whom they are most comfortable. A majority of States already allow NPs and PAs to diagnose, certify an injury, and oversee the patient's treatment and care for their State workers' compensation programs. So it is time that the Federal Government do the same under the Federal disability program. Furthermore, our bill will align the FECA program with other Federal programs.
Currently, the Federal Government allows care provided or overseen by PAs and NPs in Medicare, Medicaid, the Federal Employee Health Benefits Program, and TRICARE. Additionally, since 2017, the Social Security Administration has considered PAs and NPs, along with physicians, as acceptable sources of information for documenting the existence of an impairment for purposes of determining a disability.
Madam Speaker, across the country, nurse practitioners and physician assistants provide critical care, especially in rural communities where there may not be a physician within a reasonable distance. In Michigan, there are 5,300 practicing physician assistants and nearly 9,000 nurse practitioners. They are an important part of our primary care workforce in our State.
Our bill updates Federal law to grant Federal employees more choice in selecting their healthcare provider, improve access to care, and enable better continuity of care. Again, I sincerely thank my colleague, Representative Courtney, and his staff for their great work on this bipartisan, commonsense bill.
Madam Speaker, I urge all Members to support it, and I reserve the balance of my time.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Harris), my friend, the MD.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield an additional 30 seconds to the gentleman.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield myself such time as I may consume.
I add to the comments about concerns about the care that is being provided. Repeated studies over the decades have shown that NPs and PAs provide outstanding quality of care, improve health outcomes, and increase cost-effectiveness.
Additionally, these healthcare professionals have advanced degrees from nationally accredited programs that include both classroom and clinical rotations and must demonstrate clinical competency.
Once more, if there were legitimate concerns about the quality of care, whether it is a Federal program or State program, provided by NPs and PAs to injured workers, then States would not license them to treat or diagnose these workers under State workers' compensation programs. However, the vast majority of States do recognize nurse practitioners and physician assistants as eligible providers for diagnosing and treating disability claims.
Madam Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Murphy), my good friend.
Mr. MURPHY of North Carolina. Madam Speaker, I thank the gentleman for allowing me to speak today.
I rise in opposition to H.R. 6087. I do this as a physician where I understand that diagnosing, treating, and certifying disability claims takes an expert's opinion--not general medicine, an expert's opinion-- and physicians have exceedingly more training and experience in dealing with what are truly complex medical issues.
Let's be very clear: Disability is a complex issue. It is a lifelong problem. This particular instance requires diagnosis, treatment, and evaluations continually. There is nothing wrong with the system that we have in this country. In many instances, we find that we work together well as a team. But I think our Federal workers really, in this specific avenue, deserve better, and I urge them to understand that physicians are the best ones to do this.
Using the claim that there is a physician shortage should not be an excuse to lower what I believe are standards for expert care.
Madam Speaker, I urge my colleagues to vote ``no'' on this bill.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield such time as she may consume to the gentlewoman from North Carolina (Ms. Foxx), the ranking member of the Education and Labor Committee and my good friend and colleague.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield myself such time as I may consume.
I appreciate that information being shared, but I would like to address some of the concerns that my good friends from the Doc Caucus have presented.
We have discussed this in committee representing districts that are rural, urban, and suburban, and the challenges that are there. Again, the issue of States' rights and the ability of States to make decisions, there is a primacy that is there that we ought to consider very strongly.
A majority of States already allow nurse practitioners and PAs to diagnose, certify an injury, and oversee patients' treatment. Furthermore, if we are talking about precedent, our bill will align the FECA program with other Federal programs currently in place. Currently, the Federal Government allows care provided or overseen by PAs and NPs in, I state it again, Medicare, Medicaid, the Federal Employees Health Benefits Program, and TRICARE.
That is significant. Those are textbook studies on how it is working already. Adding to this just seems like it is justified and very important to do.
Going back to the States' concerns, as well, if diagnosing or treating a particular workplace injury is outside of the scope of practice for a nurse practitioner or a physician assistant under their State's law, then they would not be covered under this bill, plain and simple. The bill preserves States' rights to make those determinations.
H.R. 6087 is simply expanding choice, important at this time, especially with inflation and the cost that is going on in coming out of a pandemic and getting in endemic situations.
The Congressional Budget Office, I repeat, noted that the bill would not affect direct spending. In fact, CBO noted in its score that the bill may result in injured workers receiving treatment faster and, as my colleague Representative Courtney said, thereby returning them to work and productivity more quickly and reducing the actual cost for some FECA costs in the process.
Getting workers healthy and back to work is not only good for the individual but also good for our economy as we look to get through these worrisome economic times.
I accept the concerns of the medical doctors. I understand that they have committed themselves to significant training and significant time in the classroom and in the hospital itself, but we also know that we have come of an age where doctors very regularly use the services and need the services of nurse practitioners and physician assistants.
There are communities in my district, in rural areas, where the doctor is a physician assistant. The people appreciate them and receive good care as well.
Madam Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I thank my good friend, Mr. Walberg, and appreciate his leadership on this issue and also, the bipartisanship that is being shown to the American people today to address an issue that is important--to Ranking Member Foxx, too--to our communities.
Madam Speaker, I rise in support of H.R. 6087 because of what has been said. The positive impact that this bill can have within our medical communities, and giving Americans access to the healthcare that they deserve is something that deserves all of our support.
This bill would include physician assistants and nurse practitioners in the Federal workers' compensation program and put them in line with the State scope of practice. It is also going to improve access to care for injured Federal workers and postal employers, especially in the areas that I serve--in rural and underserved areas--like central and southwestern Illinois.
Getting people back to work as soon as they can once they recover from an injury is now more important than ever given the record inflation we are seeing and the staggering 11.4 million open jobs in this country.
This is a commonsense piece of legislation. I am glad to support the work of my friend, Congressman Tim Walberg, on this bill to ensure that injured Federal employees return to the workforce quickly.
Madam Speaker, I encourage all of my colleagues to vote ``yes'' on this important bill.
BREAK IN TRANSCRIPT
Mr. WALBERG. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, we have all heard of the physician shortage in America. Nurse practitioners and physician assistants are a critical component in fulfilling the provider gap. There are 355,000 nurse practitioners and more than 150,000 physician assistants across the country.
These healthcare professionals have advanced degrees from nationally accredited programs and include both classroom and clinical rotations and must demonstrate clinical competency.
Allowing nurse practitioners and physician assistants to diagnose, certify, and treat injured Federal workers to the full extent of their State license is not only common sense but is smart economic policy to ensure workers get back to work more quickly and off government supported programs.
The bill will not remove physicians from providing care to an injured worker if that is who the patient chooses. The bill is simply giving injured workers more choice to get the timely care they need.
The CBO scored the bill as having insignificant impact on direct spending and noted, may result, in fact, in injured workers receiving treatment faster, thereby returning to work more quickly and reducing costs for the FECA program.
Lastly, the FECA program is virtually the last remaining Federal health program that does not recognize the role that PAs and NPs play in modern healthcare delivery. They can already provide and oversee care in Medicare, Medicaid, the Federal Employee Health Benefits program, the VA, DOD, Indian Health Service, and the Bureau of Prisons, and are recognized by the Social Security Administration.
Furthermore, the bill aligns with the majority of States which already authorize NPs and PAs to certify and oversee healthcare for patients in their State workers' compensation programs.
This is a commonsense, bipartisan bill that will make the Federal workers' compensation program more efficient and ensure workers have access to a health provider of their choice.
Madam Speaker, I thank Chairman Scott, Ranking Member Foxx, and Mr. Courtney for their support of this bill, and I urge the rest of my colleagues to support this bill. I yield back the balance of my time.
BREAK IN TRANSCRIPT
Source