[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3354 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3354

  To award grants for the establishment of demonstration programs to 
        enable States to develop volunteer healthcare programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 29 (legislative day, July 28), 2008

   Mr. Enzi introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To award grants for the establishment of demonstration programs to 
        enable States to develop volunteer healthcare programs.

    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 ``Volunteer Healthcare Program Act of 
2008''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to provide grants to States to--
            (1) promote access to quality health and dental care for 
        the medically underserved and uninsured through the commitment 
        of volunteers; and
            (2) encourage and enable healthcare providers to provide 
        health services to eligible individuals by providing sovereign 
        immunity protection for the provision of uncompensated 
        services.

SEC. 3. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE VOLUNTEER 
              INDEMNITY PROGRAMS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399R. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE 
              VOLUNTEER INDEMNITY PROGRAMS.

    ``(a) In General.--The Secretary shall award a grant to an eligible 
State to enable such State to establish a demonstration program to--
            ``(1) promote access to quality health and dental care for 
        the medically underserved and uninsured through the commitment 
        of volunteer healthcare providers; and
            ``(2) encourage and enable healthcare providers to provide 
        health services to eligible individuals, and ensure that 
        eligible individuals have the right to recover damages for 
        medical malpractice (in accordance with State law) by providing 
        sovereign immunity protection for the provision of 
        uncompensated services.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State shall--
            ``(1) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require;
            ``(2) provide assurances that the State will not permit 
        hospitals to enroll individuals seeking care in emergency 
        departments into the State program; and
            ``(3) provide assurances that the State will provide 
        matching funds in accordance with subsection (e).
    ``(c) Use of Funds.--
            ``(1) In general.--A State shall use amounts received under 
        a grant under this section to establish a demonstration program 
        under which--
                    ``(A) the State will arrange for the provision of 
                health and dental care to eligible individuals (as 
                determined under subsection (d)) participating in the 
                State program;
                    ``(B) ensure that the health and dental care under 
                paragraph (1) is provided by qualified healthcare 
                providers that do not receive any form of compensation 
                or reimbursement for the provision of such care;
                    ``(C) sovereign immunity is extended to qualified 
                healthcare providers (as defined in paragraph (2)) for 
                the provision of care to eligible individuals under the 
                State program under this section;
                    ``(D) the State will agree not to impose any 
                additional limitations or restrictions on the recovery 
                of damages for negligent acts, other than those in 
                effect on date of the establishment of the 
                demonstration program;
                    ``(E) the State will use more than 5 percent of 
                amounts received under the grant to conduct an annual 
                evaluation, and submit to the Secretary a report 
                concerning such evaluation, of the State program and 
                the activities carried out under the State program.
            ``(2) Qualified healthcare providers.--
                    ``(A) In general.--The term `qualified healthcare 
                provider' means a healthcare provider described in 
                subparagraph (B) that--
                            ``(i) is licensed by the State to provide 
                        the care involved and is providing such care in 
                        good faith while acting within the scope of the 
                        provider's training and practice;
                            ``(ii) is in good standing with respect to 
                        such license and not on probation;
                            ``(iii) is not, or has not been, subject to 
                        Medicare or Medicaid sanctions under title 
                        XVIII or XIX of the Social Security Act; and
                            ``(iv) is authorized by the State to 
                        provide health or dental care services under 
                        the State program under this section.
                    ``(B) Provider described.--A healthcare provider 
                described in this subparagraph includes--
                            ``(i) an ambulatory surgical center;
                            ``(ii) a hospital or nursing home;
                            ``(iii) a physician or physician of 
                        osteopathic medicine;
                            ``(iv) a physician assistant;
                            ``(v) a chiropractic practitioner;
                            ``(vi) a physical therapist;
                            ``(vii) a registered nurse, nurse midwife, 
                        licensed practical nurse, or advanced 
                        registered nurse practitioner;
                            ``(viii) a dentist or dental hygienist;
                            ``(ix) a professional association, 
                        professional corporation, limited liability 
                        company, limited liability partnership, or 
                        other entity that provides, or has members that 
                        provide, health or dental care services;
                            ``(x) a non-profit corporation qualified as 
                        exempt from Federal income taxation under 
                        section 501(c) of the Internal Revenue Code of 
                        1986; and
                            ``(xi) a federally funded community health 
                        center, volunteer corporation, or volunteer 
                        healthcare provider that provides health or 
                        dental care services.
    ``(d) Priority.--Priority in awarding grants under this section 
shall be given the States that will provide health or dental care under 
the State program under this section, to individuals that--
            ``(1) have a family income that does not exceed 200 percent 
        of the Federal poverty line (as defined in section 673(2) of 
        the Community Health Services Block Grant Act) for a family of 
        the size involved;
            ``(2) are not be covered under any health or dental 
        insurance policy or program (as determined under applicable 
        State law); and
            ``(3) are determined to be eligible for care, and referred 
        for such care, by the State department of health or other 
        entity authorized by the State for purposes of administering 
        the State program under this section.
    ``(e) Provision of Information.--A State shall ensure that prior to 
the enrollment under a State program under this section, the individual 
involved shall be fully informed of the limitation on liability 
provided for under subsection (c)(1)(C) with respect to the provider 
involved and shall sign a waiver consenting to such care.
    ``(f) Matching Requirement.--
            ``(1) In general.--The Secretary may not award a grant to a 
        State under this section unless the State agrees, with respect 
        to the costs to be incurred by the State in carrying out 
        activities under the grant, to make available non-Federal 
        contributions (in cash or in kind under paragraph (2)) toward 
        such costs in an amount equal to not less than $1 for each $3 
        of Federal funds provided in the grant. Such contributions may 
        be made directly or through donations from public or private 
        entities.
            ``(2) Determination of amount of non-federal 
        contribution.--
                    ``(A) In general.--Non-Federal contributions 
                required in paragraph (1) may be in cash or in kind, 
                fairly evaluated, including equipment or services (and 
                excluding indirect or overhead costs). Amounts provided 
                by the Federal Government, or services assisted or 
                subsidized to any significant extent by the Federal 
                Government, may not be included in determining the 
                amount of such non-Federal contributions.
                    ``(B) Maintenance of effort.--In making a 
                determination of the amount of non-Federal 
                contributions for purposes of paragraph (1), the 
                Secretary may include only non-Federal contributions in 
                excess of the average amount of non-Federal 
                contributions made by the State involved toward the 
                purpose for which the grant was made for the 2-year 
                period preceding the first fiscal year for which the 
                State is applying to receive a grant under this 
                section.
    ``(g) Administrative Provisions.--
            ``(1) Amount of grant.--The amount of a grant under this 
        section shall not exceed $600,000 per year for not more than 5 
        fiscal years.
            ``(2) Number of grants.--The Secretary shall not award more 
        than 15 grants under this section.
    ``(h) Evaluation.--Not later than 3 years after the date of 
enactment of this section, and annually thereafter, the Secretary shall 
conduct an evaluation of the activities carried out by States under 
this section, and submit to the appropriate committees of Congress a 
report concerning the results of such evaluation.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        such sums as may be necessary to carry out this section.
            ``(2) Evaluations.--The Secretary shall use 5 percent of 
        the amount appropriated under paragraph (1) for each fiscal 
        year to carry out evaluations under subsection (h).''.
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