Page:United States Statutes at Large Volume 124.djvu/1179

 124 STAT. 1153 PUBLIC LAW 111–163—MAY 5, 2010 (A) the hospital is located in a health professional shortage area; and (B) the number of eligible physicians willing to assume inpatient responsibilities at the hospital (as determined using the result of the survey) is sufficient for purposes of the pilot program. (e) SURVEY OF PHYSICIAN INTEREST IN PARTICIPATION.— (1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall conduct a survey of eligible physicians to determine the extent of the interest of such physicians in participating in the pilot program. (2) ELEMENTS.—The survey shall disclose the type, amount, and nature of the financial incentives to be provided under subsection (h) to physicians participating in the pilot program. (f) PHYSICIAN PARTICIPATION.— (1) IN GENERAL.—The Secretary shall select physicians for participation in the pilot program from among eligible physi- cians who— (A) express interest in participating in the pilot pro- gram in the survey conducted under subsection (e); (B) are in good standing with the Department; and (C) primarily have clinical responsibilities with the Department. (2) VOLUNTARY PARTICIPATION.—Participation in the pilot program shall be voluntary. Nothing in this section shall be construed to require a physician working for the Department to assume inpatient responsibilities at a community hospital unless otherwise required as a term or condition of employment with the Department. (g) ASSUMPTION OF INPATIENT PHYSICIAN RESPONSIBILITIES.— (1) IN GENERAL.—Each eligible physician selected for participation in the pilot program shall assume and maintain inpatient responsibilities, including inpatient responsibilities with respect to nonveterans, at one or more community hos- pitals selected by the Secretary for participation in the pilot program under subsection (d). (2) COVERAGE UNDER FEDERAL TORT CLAIMS ACT.—If an eligible physician participating in the pilot program carries out on-call responsibilities at a community hospital where privi- leges to practice at such hospital are conditioned upon the provision of services to individuals who are not veterans while the physician is on call for such hospital, the provision of such services by the physician shall be considered an action within the scope of the physician’s office or employment for purposes of chapter 171 of title 28, United States Code (com- monly referred to as the ‘‘Federal Tort Claims Act’’). (h) COMPENSATION.— (1) IN GENERAL.—The Secretary shall provide each eligible physician participating in the pilot program with such com- pensation (including pay and other appropriate compensation) as the Secretary considers appropriate to compensate such physician for the discharge of any inpatient responsibilities by such physician at a community hospital for which such physician would not otherwise be compensated by the Depart- ment as a full-time employee of the Department. (2) WRITTEN AGREEMENT.—The amount of any compensa- tion to be provided a physician under the pilot program shall Deadline.