[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1217 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1217

To encourage the provision of medical services in medically underserved 
    communities by extending Federal liability coverage to medical 
                  volunteers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 6 (legislative day, September 5), 1995

   Mr. Coats introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To encourage the provision of medical services in medically underserved 
    communities by extending Federal liability coverage to medical 
                  volunteers, 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 ``Medical Volunteer Act''.

SEC. 2. TORT CLAIM IMMUNITY.

    (a) General Rule.--A health care professional who provides a health 
care service to a medically underserved person without receiving 
compensation for such health care service, shall be regarded, for 
purposes of any medical malpractice claim that may arise in connection 
with the provision of such service, as an employee of the Federal 
Government for purposes of the Federal tort claims provisions in title 
28, United States Code.
    (b) Compensation.--For purposes of subsection (a), a health care 
professional shall be deemed to have provided a health care service 
without compensation only if, prior to furnishing a health care 
service, the health care professional--
            (1) agrees to furnish the health care service without 
        charge to any person, including 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 the limited 
        liability of the health care professional with respect to the 
        service.

SEC. 3. PREEMPTION.

    The provisions of this Act shall preempt any State law to the 
extent that such law is inconsistent with such provisions. The 
provisions of this Act shall not preempt any State law that provides 
greater incentives or protections to a health care professional 
rendering a health care service.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Health care professional.--The term ``health care 
        professional'' means a person who, at the time the person 
        provides a health care service, is licensed or certified by the 
        appropriate authorities for practice in a State to furnish 
        health care services.
            (2) Health care service.--The term ``health care service'' 
        means any medical assistance to the extent it is included in 
        the plan submitted under title XIX of the Social Security Act 
        for the State in which the service was provided.
            (3) Medically underserved person.--The term ``medically 
        underserved person'' means a person who resides in--
                    (A) a medically underserved area as defined for 
                purposes of determining a medically underserved 
                population under section 330 of the Public Health 
                Service Act (42 U.S.C. 254c); or
                    (B) a health professional shortage area as defined 
                in section 332 of such Act (42 U.S.C. 254e);
        and who receives care in a health care facility substantially 
        comparable to any of those designated in the Federally 
        Supported Health Centers Assistance Act (42 U.S.C. 233 et 
        seq.), as shall be determined in regulations promulgated by the 
        Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Health and Human Services.
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