[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      CHARITABLE MEDICAL CARE ACT

  Ms. MOSELEY-BRAUN. Mr. President I am pleased to join my 
distinguished colleague from Missouri, Senator Danforth, in introducing 
the Charitable Medical Care Act of 1994. This legislation is designed 
to ensure that licensed providers, who, in good faith, provide medical 
treatment without compensation, are not sued. Currently, because of 
malpractice concerns, health care professionals have a disincentive to 
volunteer their services. Further, this act does not apply in 
situations of gross negligence or willful misconduct.
  Protection from liability for voluntarily providing uncompensated 
care is not a new idea. Currently, eight States, including my home 
State of Illinois, have laws in place that free doctors, who practice 
voluntarily and in good faith, from at least some part of malpractice 
liability. These States include: Virginia, Utah, North Carolina, 
Florida, Kentucky, South Carolina, Iowa, and Washington, DC.
  Our legislation builds upon existing Good Samaritan laws. Good 
Samaritan laws prevent an individual who acted in good faith to be held 
liable in the event a mishap occurs. In 1959, California enacted the 
Nation's first Good Samaritan statute. Today all 50 States, including 
Washington, DC, have adopted some form of a Good Samaritan statute. 
These statutes exempt the volunteer from tort liability for ordinary 
negligence in rendering emergency aid to an individual. The rationale 
for these laws is to encourage health professionals to aid persons in 
need of assistance.
  The need for free clinics and volunteerism by health professionals 
has never been more striking. The number of uninsured increased from 
35.4 in 1992 to 37.4, an increase of 2 million in 1 year. Volunteerism 
by health care professionals has been instrumental in providing health 
care to a portion of the uninsured. Free clinics and medical volunteers 
focus their services on preventive and primary care. Free clinics offer 
an alternative to emergency rooms and represent an enormous savings to 
the entire health care system. In the tradition of family doctors, 
these clinics offer a primary care continuum.
  Free clinics supplement community clinics that provide care to those 
without insurance as well as those on Medicaid. Together these clinics 
provide the majority of care in underserved communities. More than 
1,500 free and community clinics serve over 10,000,000 individuals each 
year in this country. In my State of Illinois last year, 17,350 people 
were served and over $600,000 worth of care was provided.
  The potential impact of charitable care is not insignificant. It is 
estimated that charitable medical care meets the needs of 30 percent of 
the currently uninsured population. Free clinics have served a valuable 
service and will continue to provide vital access to health care for 
the poor. While I am a firm supporter of universal coverage, it appears 
that, at least for a while, millions of Americans will remain 
uncovered. The number of uninsured increased from 35.4 million in 1992 
to 37.4 million in 1993 representing an increase of 2 million uninsured 
individuals. These figures are expected to continue to increase.
  The role of free clinics and volunteerism by professionals is, and 
will remain, an important part of the health care delivery system. This 
is particularly true in urban and rural underserved areas. Thus far, 
free clinics have been very successful in serving the community. Their 
success is due to their broad-based community support and the 
volunteerism of the medical community. Medical liability suits are very 
rare.
  Doctors and other medical personnel who volunteer their services to 
provide quality medical care to the poor are an essential component of 
free/community clinics. Free clinics cannot provide services, however, 
if barriers to volunteerism remain. The only way we can increase 
volunteerism to individuals is to offer some protection from liability. 
It is critical that we encourage doctors to volunteer their services to 
those who cannot afford such care. I believe the legislation I am 
introducing today with Senator Danforth will go a long way toward 
achieving this goal.
  Mr. President, I would like to conclude my remakes today by thanking 
my friend, Senator John Danforth, for his leadership and hard work in 
the area of health care. His sponsorship of this legislation on one of 
his last days in the Senate illustrates his compassion and dedication 
to improving health services for all Americans.
  I urge my colleagues to join us in support of this important 
legislation.

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