Durbin Introduces Legislation to Provide Medical Treatment for Disaster Victims

Press Release

Durbin Introduces Legislation to Provide Medical Treatment for Disaster Victims

U.S. Senator Dick Durbin (D-IL) introduced legislation today to guarantee emergency treatment for victims affected by a major public health disaster, regardless of their health insurance status or ability to pay.

Durbin's bill, the Public Health Emergency Response Act (PHERA), would ensure every American could receive the medical treatment they need in the immediate aftermath of events such as hurricanes, terrorist attacks or pandemic flu outbreaks without being deterred by prohibitive health care costs.

"Whether it was the hurricanes that hit the Gulf Coast, the aftermath of the 9/11 attacks, or the floodwaters in the Midwest, the need for medical services in each of these emergencies was immediate and in some cases dramatic. This bill would make it easier for uninsured victims to seek treatment and would provide coverage to the health care professionals who are treating them," said Durbin. "This measure will help save lives and ensure a functioning health care system for whatever lies ahead."

"We know all too well that a public health emergency, such as a natural disaster, biological attack or infectious disease outbreak, could strike at any time," said Jeff Levi, Executive Director of Trust for America's Health, a leading non-profit public health advocacy group. "The key is to contain the damage to the public's health and ensure that victims' chances of survival are not dependent on their level of health care coverage. Trust for America's Health applauds Sen. Durbin for his leadership on disaster preparedness, and his efforts to ensure that Americans are as safe as possible in the case of a disaster."

Durbin's bill would allow the Secretary of Health and Human Services to trigger a temporary (90 day) emergency health benefit for uninsured and otherwise qualified individuals affected by a disaster. By providing these temporary health benefits, Durbin's plan would help save lives, guard the general public from contracting communicable diseases, and save hospitals and localities from operating in the red as they keep up with a sudden surge in demand.

The legislation would not use Medicare, Medicaid or SCHIP funding, instead it relies on a fund already available to the HHS Secretary known as the Public Health Emergency Fund. The bill authorizes funding for an education campaign about the availability of the benefit, but further funding would not be necessary until Congress appropriated funds during a declared public health emergency.

The temporary benefit established through this bill would help remove a disincentive for uninsured individuals to promptly seek medical care. Any delay in seeking care could result in lives lost, particularly during an infectious disease outbreak when immediate identification and isolation are necessary to limit the spread of disease, and delay in seeking care could render treatment ineffective. By helping to reduce the burden of uncompensated care, PHERA would help ensure the solvency and continuity of our health care system during a catastrophic emergency.

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