To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.

Summary: Family Health Care Accessibility Act of 2010 - Amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. Sets forth conditions for such liability protection, including: (1) the service is provided to the individual at a community health center or through offsite programs or events carried out by such center; (2) the provider is sponsored by the community health center; (3) the health care practitioner does not receive any compensation for providing the service, except repayment for reasonable expenses; (4) before the service is provided, the health care practitioner or the center posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this Act; (5) at the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service; and (6) the Secretary of Health and Human Services (HHS) transfers funds to an account to cover costs for such coverage.

Considers an entity as sponsoring the health care practitioner if: (1) the entity submits an application to the Secretary; and (2) the Secretary determines that the health care practitioner is deemed to be an employee of the Public Health Service.

Requires the Attorney General to submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the actions or omissions of health professional volunteers, will be paid pursuant to this Act during the calendar year that begins in the following fiscal year. Requires the Secretary to transfer such estimated amount from the claims fund to the appropriate accounts in the Treasury, subject to the extent of amounts in the fund.

Makes this Act effective on October 1, 2011, except permits upon its enactment: (1) the Secretary to issue regulations for carrying out this Act and to accept and consider applications under this Act; and (2) the Attorney General to submit reports to Congress under this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Health Care Accessibility Act 
of 2010''.

SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFESSIONAL VOLUNTEERS AT 
              COMMUNITY HEALTH CENTERS.

     Section 224 of the Public Health Service Act (42 U.S.C. 233) is 
amended by adding at the end the following:
    ``(q)(1) For purposes of this section, a health professional 
volunteer at an entity described in subsection (g)(4) shall, in 
providing a health professional service eligible for funding under 
section 330 to an individual, be deemed to be an employee of the Public 
Health Service for a calendar year that begins during a fiscal year for 
which a transfer was made under paragraph (4)(C). The preceding 
sentence is subject to the provisions of this subsection.
    ``(2) In providing a health service to an individual, a health care 
practitioner shall for purposes of this subsection be considered to be 
a health professional volunteer at an entity described in subsection 
(g)(4) if the following conditions are met:
            ``(A) The service is provided to the individual at the 
        facilities of an entity described in subsection (g)(4), or 
        through offsite programs or events carried out by the entity.
            ``(B) The entity is sponsoring the health care practitioner 
        pursuant to paragraph (3)(B).
            ``(C) The health care practitioner does not receive any 
        compensation for the service from the individual or from any 
        third-party payer (including reimbursement under any insurance 
        policy or health plan, or under any Federal or State health 
        benefits program), except that the health care practitioner may 
        receive repayment from the entity described in subsection 
        (g)(4) for reasonable expenses incurred by the health care 
        practitioner in the provision of the service to the individual.
            ``(D) Before the service is provided, the health care 
        practitioner or the entity described in subsection (g)(4) posts 
        a clear and conspicuous notice at the site where the service is 
        provided of the extent to which the legal liability of the 
        health care practitioner is limited pursuant to this 
        subsection.
            ``(E) At the time the service is provided, the health care 
        practitioner is licensed or certified in accordance with 
        applicable law regarding the provision of the service.
    ``(3) Subsection (g) (other than paragraphs (3) and (5)) and 
subsections (h), (i), and (l) apply to a health care practitioner for 
purposes of this subsection to the same extent and in the same manner 
as such subsections apply to an officer, governing board member, 
employee, or contractor of an entity described in subsection (g)(4), 
subject to paragraph (4) and subject to the following:
            ``(A) The first sentence of paragraph (1) applies in lieu 
        of the first sentence of subsection (g)(1)(A).
            ``(B) With respect to an entity described in subsection 
        (g)(4), a health care practitioner is not a health professional 
        volunteer at such entity unless the entity sponsors the health 
        care practitioner. For purposes of this subsection, the entity 
        shall be considered to be sponsoring the health care 
        practitioner if--
                    ``(i) with respect to the health care practitioner, 
                the entity submits to the Secretary an application 
                meeting the requirements of subsection (g)(1)(D); and
                    ``(ii) the Secretary, pursuant to subsection 
                (g)(1)(E), determines that the health care practitioner 
                is deemed to be an employee of the Public Health 
                Service.
            ``(C) In the case of a health care practitioner who is 
        determined by the Secretary pursuant to subsection (g)(1)(E) to 
        be a health professional volunteer at such entity, this 
        subsection applies to the health care practitioner (with 
        respect to services performed on behalf of the entity 
        sponsoring the health care practitioner pursuant to 
        subparagraph (B)) for any cause of action arising from an act 
        or omission of the health care practitioner occurring on or 
        after the date on which the Secretary makes such determination.
            ``(D) Subsection (g)(1)(F) applies to a health care 
        practitioner for purposes of this subsection only to the extent 
        that, in providing health services to an individual, each of 
        the conditions specified in paragraph (2) is met.
    ``(4)(A) Amounts in the fund established under subsection (k)(2) 
shall be available for transfer under subparagraph (C) for purposes of 
carrying out this subsection.
    ``(B) Not later May 1 of each fiscal year, the Attorney General, in 
consultation with the Secretary, shall submit to the Congress a report 
providing an estimate of the amount of claims (together with related 
fees and expenses of witnesses) that, by reason of the acts or 
omissions of health professional volunteers, will be paid pursuant to 
this section during the calendar year that begins in the following 
fiscal year. Subsection (k)(1)(B) applies to the estimate under the 
preceding sentence regarding health professional volunteers to the same 
extent and in the same manner as such subsection applies to the 
estimate under such subsection regarding officers, governing board 
members, employees, and contractors of entities described in subsection 
(g)(4).
    ``(C) Not later than December 31 of each fiscal year, the Secretary 
shall transfer from the fund under subsection (k)(2) to the appropriate 
accounts in the Treasury an amount equal to the estimate made under 
subparagraph (B) for the calendar year beginning in such fiscal year, 
subject to the extent of amounts in the fund.
    ``(5)(A) This subsection takes effect on October 1, 2011, except as 
provided in subparagraph (B).
    ``(B) Effective on the date of the enactment of this subsection--
            ``(i) the Secretary may issue regulations for carrying out 
        this subsection, and the Secretary may accept and consider 
        applications submitted pursuant to paragraph (3)(B); and
            ``(ii) reports under paragraph (4)(B) may be submitted to 
        the Congress.''.

            Passed the House of Representatives September 23, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.