I

104TH CONGRESS

2D SESSION H. R. 2938

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1996

Mr. GOODLATTE (for himself, Mr. MOORHEAD, Mr. MCCOLLUM, Mr. SMITH

of Texas, Mr. HOKE, and Mr. BRYANT of Tennessee) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To encourage the furnishing of health care services to lowincome 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Charitable Medical

5 Care Act of 1996’’.
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1 SEC. 2. EXEMPTION OF HEALTH CARE PROFESSIONALS

2 FROM NEGLIGENCE LIABILITY IN THE PROVI3 SION OF CERTAIN HEALTH CARE SERVICES

4 WITHOUT CHARGE.

5 (a) LIMITED LIABILITY.—

6 (1) IN GENERAL.—Subject to subsection (b), a

7 health care professional who is licensed or certified

8 to furnish health care services by the appropriate

9 authorities for practice in a State shall not be liable

10 for any civil damages for any act or omission result11 ing from the rendering of a health care service de12 scribed in paragraph (2) unless the act or omission

13 was the result of gross negligence or willful mis14 conduct.

15 (2) HEALTH CARE SERVICE DESCRIBED.—

16 (A) IN GENERAL.—A health care service

17 described in this paragraph is a health care

18 service which is—

19 (i) voluntarily rendered by a health

20 care professional—

21 (I) within the scope of the health

22 care professional’s license or certifi23 cation; and

24 (II) without charge to the recipi25 ent of such service (or any health in-
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1 surance plan or program under which

2 the recipient is covered); and

3 (ii) offered and rendered in, or upon

4 referral from, a free medical clinic.

5 (B) FREE MEDICAL CLINIC.—

6 (i) IN GENERAL.—For purposes of

7 subparagraph (A)(iii), a free medical clinic

8 is a private, not-for-profit entity which—

9 (I) is described in section

10 501(c)(3) of the Internal Revenue

11 Code of 1986 and exempt from tax12 ation under section 501(a);

13 (II) is licensed if required by the

14 State in which it is located; and

15 (III) provides free outpatient

16 health care services, a majority of

17 which are rendered to individuals

18 whose income does not exceed 200

19 percent of the poverty line.

20 (ii) POVERTY LINE.—For purposes of

21 clause (i)(III), the term ‘‘poverty line’’ has

22 the same meaning given such term in sec23 tion 673(2) of the Community Services

24 Block Grant Act (42 U.S.C. 9902(2)).
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1 (b) REQUIREMENTS PRIOR TO FURNISHING THE

2 SERVICE.—Subsection (a)(1) shall apply only if a health

3 care professional before furnishing a health care service—

4 (1) agrees to furnish the health care service vol5 untarily and without charge to the recipient of such

6 service (or any health insurance plan or program

7 under which the recipient is covered); and

8 (2) provides the recipient of the health care

9 service with adequate notice, as determined by the

10 Secretary of Health and Human Services, of the

11 health care professional’s limited liability with re12 spect to the service.

13 (c) PREEMPTION.—The provisions of this section

14 shall preempt any State law to the extent such law is in15 consistent with such provisions. The provisions of this sec16 tion shall not preempt any State law that provides greater

17 incentives or protections to a health care professional ren18 dering a health care service described in subsection (a)(2).

19 (d) EFFECTIVE DATE.—This section shall apply with

20 respect to health care services furnished on or after the

21 date of the enactment of this Act.

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