Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1160 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1160
55 To amend the Internal Revenue Code of 1986 to clarify the treatment of
66 locum tenens physicians and advanced care practitioners as independent
77 contractors to help alleviate physician shortages, including in underserved
88 areas.
99 IN THE HOUSE OF REPRESENTATIVES
1010 FEBRUARY10, 2025
1111 Mr. C
1212 ARTERof Georgia (for himself, Mr. DUNNof Florida, Ms. TENNEY, Mr.
1313 C
1414 RENSHAW, and Mr. WEBERof Texas) introduced the following bill;
1515 which was referred to the Committee on Ways and Means
1616 A BILL
1717 To amend the Internal Revenue Code of 1986 to clarify
1818 the treatment of locum tenens physicians and advanced
1919 care practitioners as independent contractors to help al-
2020 leviate physician shortages, including in underserved
2121 areas.
2222 Be it enacted by the Senate and House of Representa-1
2323 tives of the United States of America in Congress assembled, 2
2424 SECTION 1. SHORT TITLE. 3
2525 This Act may be cited as the ‘‘Health Care Provider 4
2626 Shortage Minimization Act of 2025’’. 5
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3030 SEC. 2. TREATMENT OF LOCUM TENENS PHYSICIANS AND 1
3131 ADVANCED CARE PRACTITIONERS. 2
3232 (a) I
3333 NGENERAL.—Chapter 25 of the Internal Rev-3
3434 enue Code of 1986 is amended by adding at the end the 4
3535 following new section: 5
3636 ‘‘SEC. 3513. TREATMENT OF LOCUM TENENS PHYSICIANS 6
3737 AND ADVANCED CARE PRACTITIONERS. 7
3838 ‘‘(a) G
3939 ENERALRULE.—For the purposes of the taxes 8
4040 and other obligations imposed by this title, in the case of 9
4141 services performed as a qualified locum tenens physician 10
4242 or advanced care practitioner— 11
4343 ‘‘(1) the individual performing such services 12
4444 shall not be treated as an employee, 13
4545 ‘‘(2) neither the persons for whom such services 14
4646 are performed, nor any agency that contracts with 15
4747 a qualified locum tenens physician or advanced care 16
4848 practitioner, shall be treated as an employer, 17
4949 ‘‘(3) any payor shall not be treated as an em-18
5050 ployer, and 19
5151 ‘‘(4) the remuneration paid or received for such 20
5252 service shall not be treated as paid or received with 21
5353 respect to employment. 22
5454 ‘‘(b) Q
5555 UALIFIEDLOCUMTENENSPHYSICIAN ORAD-23
5656 VANCEDCAREPRACTITIONER.—For purposes of this sec-24
5757 tion— 25
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6161 ‘‘(1) IN GENERAL.—The term ‘qualified locum 1
6262 tenens physician or advanced care practitioner’ 2
6363 means an individual if— 3
6464 ‘‘(A) such individual provides temporary 4
6565 physician or advanced care practitioner services 5
6666 as a locum tenens physician or locum tenens 6
6767 advanced care practitioner for a period of not 7
6868 more than one continuous year at a site of serv-8
6969 ice, 9
7070 ‘‘(B) such individual is— 10
7171 ‘‘(i) a doctor of medicine, osteopathy, 11
7272 dental surgery, or dental medicine legally 12
7373 authorized to practice medicine, surgery or 13
7474 dentistry in the State, territory, or posses-14
7575 sion in which the individual performs such 15
7676 services, 16
7777 ‘‘(ii) a doctor of podiatric medicine or 17
7878 doctor of optometry legally authorized to 18
7979 perform podiatric or optometry functions 19
8080 in the State, territory, or possession in 20
8181 which the individual performs such serv-21
8282 ices, 22
8383 ‘‘(iii) a physician, as defined in section 23
8484 1861(r) of the Social Security Act Section 24
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8888 (42 U.S.C. 1395x(r)) or section 8101(2) of 1
8989 title 5, United States Code, or 2
9090 ‘‘(iv) an advanced care practitioner, 3
9191 and 4
9292 ‘‘(C) the services described in subpara-5
9393 graph (A) performed by the individual are per-6
9494 formed pursuant to a written contract and such 7
9595 contract provides that the individual will not be 8
9696 treated as an employee with respect to such 9
9797 services for purposes of this subtitle. 10
9898 ‘‘(2) A
9999 DVANCED CARE PRACTITIONER .—The 11
100100 term ‘advanced care practitioner’ means a nurse 12
101101 practitioner, physician’s assistant, or certified reg-13
102102 istered nurse anesthetist.’’. 14
103103 (b) C
104104 LERICALAMENDMENT.—The table of sections 15
105105 of chapter 25 of such Code is amended by adding at the 16
106106 end the following new item: 17
107107 ‘‘Sec. 3513. Treatment of locum tenens physicians and advanced care practi-
108108 tioners.’’.
109109 (c) EFFECTIVEDATE.—The amendments made by 18
110110 this section shall apply to wages for services performed 19
111111 after the date of the enactment of this Act. 20
112112 Æ
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