Congress Reintroduces the TREAT Act
The
Temporary Reciprocity to Ensure Access to Treatment (TREAT) Act, S.168, was reintroduced by U.S. Sen.
Chris Murphy (D-Del.) and U.S. Rep. Robert Latta (R-Ohio). This legislation would
provide temporary licensing reciprocity for all health care practitioners in all
states for all types of services (in-person and telehealth) during the COVID-19
Public Health Emergency (PHE) and for 180 days thereafter. The TREAT Act also
requires providers who practice across state lines to notify the state licensing
board where the patient resides within 30 days of the initial patient encounter.
Once notified, the state would have the authority to prohibit the provider from
continuing to practice in the state. This bill is a temporary measure crafted
to end at the close of the pandemic.
The
TREAT Act essentially codifies the language used in the Trump administration’s
PHE declaration. The intent behind this legislation, as well as behind the Trump
administration’s efforts, is to increase access to care during the PHE and to
limit the risk of virus exposure when obtaining care.
However, there is one significant difference between the TREAT
Act and the Trump administration’s PHE declaration. Under Trump administration’s
declaration, states determined who could practice in their state prior to the
initial patient encounter, but under this bill, states do not determine who practices
in their state until after the initial patient encounter.