Exemption of certain eligible internationally trained physicians from application of FTE cap

(a) In general Section 1886(h)(4)(H) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)) is amended by adding at the end the following new clause: (vii) Exemption of certain internationally trained physicians from counting towards cap (I) In general For purposes of applying the limit described in subparagraph (F), a specified resident (as defined in subclause (II)) shall not be taken into account in determining the total number of full-time equivalent residents before application of weighting factors (as determined under this paragraph) with respect to a hospital’s approved medical residency training program. (II) Specified resident defined For purposes of subclause (I), the term specified resident means an eligible internationally trained physician (as defined in section 101(b) of the Pathways to Health Care Act of 2022) who is a resident in a hospital’s approved medical residency training program, but only if such hospital— (aa) has in effect an agreement with a Federally qualified health center, or a hospital located in a rural area (as defined in subsection (d)(2)(D)) or that is treated as being located in a rural area pursuant to subsection (d)(8)(E), under which residents training in such program spend time training at such center or hospital; (bb) is located in a State that allows such eligible internationally trained physicians to practice medicine as described in section 101(a) of such Act; and (cc) predominantly serves medically underserved populations (as defined in section 330(b)(3)(A) of the Public Health Service Act), as determined by the Secretary.. (b) Study on removal of resident cap Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the possibility of removing the resident cap under section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)).