Charitable Medical Care Act of 1995

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                S. 1351

   To encourage the furnishing of health care services to low-income
 individuals by exempting health care professionals from liability for
  negligence for certain health care services provided without charge
  except in cases of gross negligence or willful misconduct, and for
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 18), 1995

 Ms. Moseley-Braun introduced the following bill; which was read twice
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

   To encourage the furnishing of health care services to low-income
 individuals by exempting health care professionals from liability for
  negligence for certain health care services provided without charge
  except in cases of gross negligence or willful misconduct, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Charitable Medical Care Act of
1995''.

SEC. 2. EXEMPTION OF HEALTH CARE PROFESSIONALS FROM NEGLIGENCE
              LIABILITY IN THE PROVISION OF CERTAIN HEALTH CARE
              SERVICES WITHOUT CHARGE.

    (a) Limited Liability.--
            (1) In general.--Subject to subsection (b), a health care
        professional who is licensed or certified to furnish health
        care services by the appropriate authorities for practice in a
        State shall not be liable for any civil damages for any act or
        omission resulting from the rendering of a health care service
        described in paragraph (2) unless the act or omission was the
        result of gross negligence or willful misconduct.
            (2) Health care service described.--
                    (A) In general.--A health care service described in
                this paragraph is a health care service which is--
                            (i) preventive or primary or both;
                            (ii) voluntarily rendered by a health care
                        professional--
                                    (I) within the scope of the health
                                care professional's license or
                                certification; and
                                    (II) without charge to the
                                recipient of such service (or any
                                health insurance plan or program under
                                which the recipient is covered); and
                            (iii) offered and rendered in a free
                        medical clinic.
                    (B) Free medical clinic.--
                            (i) In general.--For purposes of
                        subparagraph (A)(iii), a free medical clinic is
                        a private, not-for-profit entity which--
                                    (I) is described in section
                                501(c)(3) of the Internal Revenue Code
                                of 1986 and exempt from taxation under
                                section 501(a);
                                    (II) is licensed if required by the
                                State in which it is located; and
                                    (III) provides low cost or free
                                outpatient primary health care
                                services, a majority of which are
                                rendered to individuals whose income is
                                at least 200 percent of the poverty
                                line.
                            (ii) Poverty line.--For purposes of clause
                        (i)(III), the term ``poverty line'' has the
                        same meaning given such term in section 673(2)
                        of the Community Services Block Grant Act (42
                        U.S.C. 9902(2)).
    (b) Requirements Prior to Furnishing the Service.--Subsection
(a)(1) shall apply only if a health care professional before furnishing
a health care service--
            (1) agrees to furnish the health care service voluntarily
        and without charge to the recipient of such service (or any
        health insurance plan or program under which the recipient is
        covered); and
            (2) provides the recipient of the health care service with
        adequate notice, as determined by the Secretary of Health and
        Human Services, of the health care professional's limited
        liability with respect to the service.
    (c) Preemption.--The provisions of this section shall preempt any
State law to the extent such law is inconsistent with such provisions.
The provisions of this section shall not preempt any State law that
provides greater incentives or protections to a health care
professional rendering a health care service described in subsection
(a)(2).
    (d) Effective Date.--This section shall apply with respect to
health care services furnished on or after the date of the enactment of
this Act.
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