[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Page 14452]
[From the U.S. Government Publishing Office, www.gpo.gov]



                HEALTH CARE PROFESSIONALS AS VOLUNTEERS

  Mr. WYDEN. Mr. President, when Americans see people in need, their 
first instinct is to help. It is the kind of attitude that makes our 
Nation great. But imagine if you had the knowledge and the tools to 
help someone in need--but weren't permitted to lend a hand.
  Health care professionals all across our country are prevented from 
donating their services in the free clinics that serve those most 
desperate for medical care, because these practitioners do not have 
malpractice coverage that will cover their work in volunteer clinics. 
Today, I urge Secretary Tommy Thompson and his Department of Health and 
Human Services to finish a job that Congress started 5 years ago and 
solve this problem once and for all.
  For several years now, doctors and dentists in Oregon have been 
calling me, saying they want to give back to their communities by 
volunteering in free clinics, but are not allowed to do so. I also have 
been contacted by an organization--Volunteers in Medicine--that 
operates free clinics across the country. They know of many health care 
providers who want to volunteer but cannot.
  When Congress passed the Health Insurance Portability and 
Accountability Act, or HIPAA, in 1996, one small provision was 
included, aimed at helping health care providers who wanted to 
volunteer in free clinics but were concerned about malpractice claims. 
Section 194 of HIPAA would let free clinics apply to the Secretary of 
Health and Human Services to have health providers certified and given 
immunity from malpractice claims.
  This small provision could be a big help to the uninsured and those 
who count on free clinics for health care. The problem is, this 
provision of HIPAA has been overlooked and regulations for this 
section--detailing how the legislation should be implemented--were 
never written.
  I am sending a letter to Secretary Thompson calling on him to get 
those regulations written and published as soon as possible. This 
should not be difficult. Legislation passed in 1992, which extended the 
Tort Claims Act coverage to volunteers in community health centers, can 
serve as a model.
  Congress did the right thing in 1996 in recognizing this problem, but 
we need to finish the job. Two things need to happen now. We need those 
regulations published, and Congress needs to appropriate funding for 
the provision.
  This will not solve the problems of the more than 40 million 
Americans without health insurance, but it sure could make a big 
difference in making care more accessible. It could make a big 
difference in the lives of the many health professionals who want to 
give back to their communities.
  I again want to urge Secretary Thompson today to get these 
regulations published as soon as possible. For my part, I intend to 
stay on the job to assure his Department has funding for this 
provision.

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