As the possibility of a swine flu-related pandemic in the U.S. appears to be subsiding, Congress is weighing whether to guarantee emergency treatment for victims affected by a major public health disaster, regardless of their health insurance status or ability to pay.

Sen. Dick Durbin (D-Ill.) and Rep. Lois Capps (D-Calif.) have reintroduced the Public Health Emergency Response Act (PHERA), which would “make certain every American could receive the medical treatment they need in the immediate aftermath of events such as hurricanes, terrorist attacks or pandemic flu outbreaks even if they are not covered by health insurance,” according to a joint statement from the legislators.

The last Congress let the bill die without action after its introduction in July 2008.

The 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, the bill 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 legislators said.

The legislation would not use Medicare, Medicaid or SCHIP funding. Instead, it relies on the existing Public Health Emergency Fund, managed by the HHS secretary.  Funding would be authorized 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 legislators said.

Dick Durbin

Durbin and Capps said the temporary benefit established through this bill would remove a disincentive for uninsured individuals to promptly seek medical care.

“The Public Health Emergency Response Act would make it easier for uninsured victims to seek medical care and ensure that health care professionals can be reimbursed for treating them,” said Durbin, assistant Senate majority leader, in the statement. “Whether the emergency is a hurricane hitting the Gulf Coast, floodwaters in the Midwest, or an international flu outbreak, those affected should have the assurance that the U.S. government will assist them in their time of need. People who don’t may not seek care, leaving themselves vulnerable to worsening health conditions and exacerbating the situation on the ground.  This measure would help save lives and ensure a functioning health care system for whatever lies ahead.”

Capps, a public health nurse and vice-chairwoman of the Energy and Commerce Committee’s Subcommittee on Health, said the emergence of the H1N1 flu outbreak “once again reminds [us] of the importance of having a strong public health safety-net.”

“Whether it’s a terrorist attack like 9-11,” Capps added, “a hurricane or a widespread infectious disease outbreak, no one should hesitate to seek care for themselves or their children because of a fear of medical costs.  In a time of acute crisis, the risks are too big to let Americans simply fend for themselves and ask hospitals and localities to pick up the tab.”