ENHANCING MEDICAL SURGE CAPACITY.

SEC. 302. ENHANCING MEDICAL SURGE CAPACITY.(a) In General.—Title XXVIII of the Public Health Service Act (300hh–11 et seq.), as amended by section 103, is amended by inserting after section 2802 the following:“SEC. 2803. ENHANCING MEDICAL SURGE CAPACITY.“(a) Study of Enhancing Medical Surge Capacity.—As part of the joint review described in section 2812(b), the Secretary shall evaluate the benefits and feasibility of improving the capacity of the Department of Health and Human Services to provide additional medical surge capacity to local communities in the event of a public health emergency. Such study shall include an assessment of the need for and feasibility of improving surge capacity through—“(1) acquisition and operation of mobile medical assets by the Secretary to be deployed, on a contingency basis, to a community in the event of a public health emergency;“(2) integrating the practice of telemedicine within the National Disaster Medical System; and“(3) other strategies to improve such capacity as determined appropriate by the Secretary.“(b) Authority To Acquire and Operate Mobile Medical Assets.—In addition to any other authority to acquire, deploy, and operate mobile medical assets, the Secretary may acquire, deploy, and operate mobile medical assets if, taking into consideration the evaluation conducted under subsection (a), such acquisition, deployment, and operation is determined to be beneficial and feasible in improving the capacity of the Department of Health and Human Services to provide additional medical surge capacity to local communities in the event of a public health emergency.“(c) Using Federal Facilities To Enhance Medical Surge Capacity.—“(1) Analysis.—The Secretary shall conduct an analysis of whether there are Federal facilities which, in the event of a public health emergency, could practicably be used as facilities in which to provide health care.“(2) Memoranda of understanding.—If, based on the analysis conducted under paragraph (1), the Secretary determines that there are Federal facilities which, in the event of a public health emergency, could be used as facilities in which to provide health care, the Secretary shall, with respect to each such facility, seek to conclude a memorandum of understanding with the head of the Department or agency that operates such facility that permits the use of such facility to provide health care in the event of a public health emergency.” .(b) EMTALA.—(1) In general.—Section 1135(b) of the Social Security Act (42 U.S.C. 1320b–5(b)) is amended—(A) in paragraph (3), by striking subparagraph (B) and inserting the following:120 STAT. 2856 “(B) the direction or relocation of an individual to receive medical screening in an alternative location—“(i) pursuant to an appropriate State emergency preparedness plan; or“(ii) in the case of a public health emergency described in subsection (g)(1)(B) that involves a pandemic infectious disease, pursuant to a State pandemic preparedness plan or a plan referred to in clause (i), whichever is applicable in the State;”;(B) in the third sentence, by striking “and shall be limited to” and inserting “and, except in the case of a waiver or modification to which the fifth sentence of this subsection applies, shall be limited to”; and(C) by adding at the end the following: “If a public health emergency described in subsection (g)(1)(B) involves a pandemic infectious disease (such as pandemic influenza), the duration of a waiver or modification under paragraph (3) shall be determined in accordance with subsection (e) as such subsection applies to public health emergencies.”.(2) Effective date.—The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to public health emergencies declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on or after such date.