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:

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).