[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2536 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2536

   To encourage the furnishing of health care services to low-income 
 individuals by exempting health care professionals from liability for 
negligence for 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 7 (legislative day, September 12), 1994

    Mr. Danforth (for himself, Ms. Moseley-Braun, and Mr. Domenici) 
      introduced the following bill; which was read the first time

_______________________________________________________________________

                                 A BILL


 
   To encourage the furnishing of health care services to low-income 
 individuals by exempting health care professionals from liability for 
negligence for 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 
1994''.

SEC. 2. EXEMPTION OF HEALTH CARE PROFESSIONALS FROM NEGLIGENCE 
              LIABILITY IN THE PROVISION OF 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 health care service 
        described in this paragraph is a health care service 
        voluntarily rendered by a health care professional--
                    (A) within the scope of the health care 
                professional's license or certification; and
                    (B) without charge to the recipient of such service 
                (or any health insurance plan or program under which 
                the recipient is covered).
    (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 HHS 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.
                                 <all>