[Congressional Record Volume 155, Number 121 (Wednesday, August 5, 2009)]
[Senate]
[Pages S8866-S8867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 1578. A bill to amend chapter 171 of title 28, United States Code, 
(commonly referred to as the Federal Torts Claims Act) to extend 
medical malpractice coverage to free clinics and the officers, 
governing board members, employees, and contractors of free clinics in 
the same manner and extend as certain Federal officers and employees; 
to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am introducing legislation to 
clarify the application of the Federal Tort Claims Act and how it 
applies to free medical clinics. In my home State of Vermont, free 
clinics provide important health care, and in these tough economic 
times they provide an essential safety net for many people. Free 
clinics in Vermont and around the country are struggling to pay medical 
malpractice insurance premiums, due to an ambiguity in the Federal law. 
Current law provides for physicians who volunteer in free clinics to 
receive medical malpractice coverage under the Federal Torts Claims 
Act, FTCA, but it is unclear whether other professionals serving the 
community in free clinics are also covered. Existing Federal law 
explicitly provides more comprehensive FTCA coverage to community 
health centers, including coverage for their boards, employees, 
contractors and officers. But free clinics currently must purchase 
malpractice insurance for their board members, employees, contractors 
and officers. Purchasing this coverage diverts thousands of dollars 
annually from each of the free clinics in the country. These are funds 
that could be directed to providing necessary healthcare to the 
uninsured. This is especially true in States like Vermont, where free 
clinics make a significant impact serving those in rural areas. 
Additionally, by removing this financial burden for free clinics, the 
impact of organizations like Volunteers in Medicine, which assists in 
setting up and staffing free clinics, will be that much greater. In 
clarifying current law, and at minimal expense to the Federal 
Government, we can increase the effectiveness of free clinics that 
serve and care for so many Americans.
  This legislation would make it clear that FTCA coverage should be the 
same for community health centers and free clinics. Both of these 
institutions deserve our help and play a fundamental role in our 
communities. It is my understanding that this clarification would not 
dramatically raise medical malpractice defense costs of the Federal 
Government because free clinics do not perform high risk procedures 
like surgeries or births. I urge my fellow Senators to join me in 
supporting the important work that free clinics provide our 
communities.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S8867]]

                                S. 1578

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF MEDICAL MALPRACTICE COVERAGE TO FREE 
                   CLINICS.

       (a) In General.--Chapter 171 of title 28, United States 
     Code, is amended by adding after section 2680 the following:

     ``Sec. 2681. Medical malpractice coverage for free clinics

       ``For purposes of applying the remedy against the United 
     States provided by sections 1346(b) and 2672 of this title 
     and for purposes of section 224 of Public Law 78-410 (42 
     U.S.C. 233) a free clinic defined under section 224(o)(3)(A) 
     of that Act shall be treated as an entity described under 
     section 224(g)(4) of that Act. The authorization of 
     appropriations under section 224(o)(6)(A) of that Act shall 
     apply to the acts or omissions of officers, governing board 
     members, employees, and contractors of free clinics''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     171 of title 28, United States Code, is amended by adding at 
     the end the following:

``2681. Medical malpractice coverage for free clinics.''.
       (2) Reference.--Section 224(g)(4) of the Public Law 78-410 
     (42 U.S.C. 233(g)(4)) is amended by inserting ``or a free 
     clinic as provided under section 2681 of title 28, United 
     States Code'' before the period.

     SEC. 2. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on the 
     date of enactment of this Act and apply to any act or 
     omission which occurs on or after that date.
                                 ______