[Congressional Record Volume 141, Number 163 (Friday, October 20, 1995)]
[Senate]
[Pages S15404-S15405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         By Ms. MOSELEY-BRAUN:

  S. 1351. 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; to the Committee on the Judiciary.


                the charitable medical care act of 1995

 Ms. MOSELEY-BRAUN. Mr. President, I am pleased to introduce 
the Charitable Medical Care Act of 1995. 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. 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.
  My legislation builds upon existing Good Samaritan laws. Good 
Samaritan laws prevent an individual who acted 

[[Page S15405]]
in good faith from liability in the event a mishap occurs. In 1959, 
California enacted the Nation's first Good Samaritan statute. Today, 
all 50 States, and Washington, DC, have adopted some form of a Good 
Samaritan statute. These statutes exempt the volunteers 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 voluntarism by health professionals has 
never been more striking. There were 41 million uninsured Americans in 
this country last year. Voluntarism by health care professionals has 
been instrumental in providing health care to the uninsured. Free 
clinics have a preventative and primary care focus. They offer an 
alternative to emergency rooms, which have become family doctors to far 
too many. They also 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 million 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 provides care to 30 percent of the currently 
uninsured population.
  Free clinics have served a valuable service and will continue to 
provide vital access to health care to 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 
Americans increased from 37.4 million in 1993 to 41 million in 1994, an 
increase of nearly 4 million individuals. Proposed changes in Medicaid 
and Medicare will most certainly increase this number.
  The role of free clinics and voluntarism 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 
voluntarism of the medical community. Medical liability suits are very 
rare.
  Doctors and other medical personnel who voluntarily provide quality 
medical care to the poor are an essential component of free/community 
clinics. Free clinics can not provide services, however, if barriers to 
voluntarism remain. One of the best ways to increase voluntarism is 
through 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 will 
go a long way toward achieving this goal.
  I urge my colleagues to join me in support of this important 
legislation.
                                 ______