PolicyBrief
S. 1701
119th CongressMay 8th 2025
STORM Act
IN COMMITTEE

The STORM Act establishes a framework for quickly mobilizing private, pre-vetted health care workforce platforms and facilitating the temporary cross-state licensing of their independent contractor workers during federally declared emergencies.

Ted Budd
R

Ted Budd

Senator

NC

LEGISLATION

The STORM Act: Private Tech Platforms Get Federal Contracts and Liability Shields to Staff Medical Emergencies

The Strategic Teams for Organized Response Mobilization Act, or the STORM Act, sets up a new system for the federal government to staff up during major disasters. Essentially, it allows the President to certify and contract with “Health Care Workforce Platforms”—private tech companies that manage networks of independent medical contractors. The goal is simple: when an emergency is declared under the Stafford Act, the government can instantly tap into these private networks to deploy medical staff where they are needed most.

The Fast Track: Bypassing State Licenses

One of the biggest bottlenecks in emergency response is state-by-state licensing. If a hurricane hits Florida, a nurse licensed only in New York can’t just fly down and start working. This bill addresses that head-on. During a declared emergency, the President can work with states to waive their normal licensing rules for independent contractors coming in through an approved platform. The catch? The worker must hold a valid license in at least one state and be verified by the platform. The President will issue model rules to ensure these workers are qualified and pass background checks, potentially relying on the vetting the private platform already did. For the average person, this means faster medical help arriving during a crisis, but it also means that the standard state-level oversight we rely on is temporarily relaxed in favor of speed.

The Fine Print: Liability Shields for Private Contractors

This is where the policy gets really interesting—and potentially complicated. The STORM Act grants significant liability protections to the Health Care Workforce Platforms and the contractors they deploy. If they are operating under a federal contract during an emergency, they are generally shielded from liability for injury or property damage, treating them like federal employees under the Federal Tort Claims Act. This shield is only removed if they engage in “willful misconduct, gross negligence, or in bad faith.”

For the platforms, this is a huge incentive to participate, as it minimizes their risk when deploying staff quickly under stressful conditions. For patients, however, this raises questions. If you receive substandard care from one of these contractors that doesn’t quite meet the high legal bar of “gross negligence,” your ability to hold them accountable through a standard malpractice suit is severely limited. While the goal is to get help fast, this provision shifts the burden of risk away from the private contractors and onto the public, potentially lowering the accountability standard for critical care providers during a crisis.

Who Benefits and Who Pays the Cost?

Federal emergency agencies benefit from a streamlined, pre-vetted staffing solution, and the private tech platforms stand to gain lucrative, long-term federal contracts. Independent contractors benefit from the ability to work across state lines during high-demand periods. However, the cost might be paid by state licensing boards, whose authority is temporarily overridden, and by citizens who might face difficulties seeking recourse if they receive care that is negligent but falls short of the “gross negligence” threshold required to pierce the federal liability shield. The bill requires the President to report annually to Congress on the use of these waivers, hopefully providing transparency on how often this system is used and whether any major issues arise from the relaxed licensing and liability standards.