Testimony before the House Committee on Education and the Workforce

June 9, 2026 - 20:44

A healthcare workforce expert told the House Committee on Education and the Workforce that Congress should step in to fix growing legal confusion around temporary doctors and nurses. Rather than letting employment-law uncertainty reduce access to physicians, the witness argued, lawmakers should create a clear, narrow safe harbor for locum tenens healthcare professionals who choose to work as independent contractors.

The testimony highlighted how current federal tests for classifying workers leave many short-term medical providers in a gray zone. Hospitals and rural clinics rely on locum tenens staff to fill gaps when regular doctors are sick, on leave, or when demand surges. But conflicting court rulings and shifting agency guidance have made some facilities hesitant to bring in temporary help, fearing misclassification lawsuits or tax penalties.

The proposed safe harbor would apply only to licensed healthcare professionals working temporary assignments through third-party agencies. It would not affect broader independent contractor rules for other industries. Supporters say the change would protect patients by ensuring hospitals can keep emergency rooms and operating rooms staffed. It would also respect worker choice, since many locum tenens providers prefer the flexibility of contract work over permanent employment.

The testimony also noted that a targeted fix would help bring federal law closer to the realities of the modern healthcare workforce, where short-term assignments and gig-style arrangements are increasingly common. Without action, the uncertainty could worsen staffing shortages in rural and underserved areas. The committee did not immediately schedule a vote on any related bill, but the issue is expected to come up again in future sessions.