[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.
                                 <all>