IIB 

111TH CONGRESS 

2D SESSION H. R. 1745 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2010 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Public Health Service Act to provide liability 

protections for volunteer practitioners at health centers 

under section 330 of such Act. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Family Health Care 

3 Accessibility Act of 2010’’. 

4 SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFES5 SIONAL VOLUNTEERS AT COMMUNITY 

6 HEALTH CENTERS. 

7 Section 224 of the Public Health Service Act (42 

8 U.S.C. 233) is amended by adding at the end the fol9 lowing: 

10 ‘‘(q)(1) For purposes of this section, a health profes11 sional volunteer at an entity described in subsection (g)(4) 

12 shall, in providing a health professional service eligible for 

13 funding under section 330 to an individual, be deemed to 

14 be an employee of the Public Health Service for a calendar 

15 year that begins during a fiscal year for which a transfer 

16 was made under paragraph (4)(C). The preceding sen17 tence is subject to the provisions of this subsection. 

18 ‘‘(2) In providing a health service to an individual, 

19 a health care practitioner shall for purposes of this sub20 section be considered to be a health professional volunteer 

21 at an entity described in subsection (g)(4) if the following 

22 conditions are met: 

23 ‘‘(A) The service is provided to the individual at 

24 the facilities of an entity described in subsection 

25 (g)(4), or through offsite programs or events carried 

26 out by the entity. 


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1 ‘‘(B) The entity is sponsoring the health care 

2 practitioner pursuant to paragraph (3)(B). 

3 ‘‘(C) The health care practitioner does not re4 ceive any compensation for the service from the indi5 vidual or from any third-party payer (including re6 imbursement under any insurance policy or health 

7 plan, or under any Federal or State health benefits 

8 program), except that the health care practitioner 

9 may receive repayment from the entity described in 

10 subsection (g)(4) for reasonable expenses incurred 

11 by the health care practitioner in the provision of 

12 the service to the individual. 

13 ‘‘(D) Before the service is provided, the health 

14 care practitioner or the entity described in sub15 section (g)(4) posts a clear and conspicuous notice 

16 at the site where the service is provided of the extent 

17 to which the legal liability of the health care practi18 tioner is limited pursuant to this subsection. 

19 ‘‘(E) At the time the service is provided, the 

20 health care practitioner is licensed or certified in ac21 cordance with applicable law regarding the provision 

22 of the service. 

23 ‘‘(3) Subsection (g) (other than paragraphs (3) and 

24 (5)) and subsections (h), (i), and (l) apply to a health care 

25 practitioner for purposes of this subsection to the same 


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1 extent and in the same manner as such subsections apply 

2 to an officer, governing board member, employee, or con3 tractor of an entity described in subsection (g)(4), subject 

4 to paragraph (4) and subject to the following: 

5 ‘‘(A) The first sentence of paragraph (1) ap6 plies in lieu of the first sentence of subsection 

7 (g)(1)(A). 

8 ‘‘(B) With respect to an entity described in sub9 section (g)(4), a health care practitioner is not a 

10 health professional volunteer at such entity unless 

11 the entity sponsors the health care practitioner. For 

12 purposes of this subsection, the entity shall be con13 sidered to be sponsoring the health care practitioner 

14 if— 

15 ‘‘(i) with respect to the health care practi16 tioner, the entity submits to the Secretary an 

17 application meeting the requirements of sub18 section (g)(1)(D); and 

19 ‘‘(ii) the Secretary, pursuant to subsection 

20 (g)(1)(E), determines that the health care prac21 titioner is deemed to be an employee of the 

22 Public Health Service. 

23 ‘‘(C) In the case of a health care practitioner 

24 who is determined by the Secretary pursuant to sub25 section (g)(1)(E) to be a health professional volunVerDate Mar 15 2010 22:15 Sep 24, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.RFS H1745

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1 teer at such entity, this subsection applies to the 

2 health care practitioner (with respect to services per3 formed on behalf of the entity sponsoring the health 

4 care practitioner pursuant to subparagraph (B)) for 

5 any cause of action arising from an act or omission 

6 of the health care practitioner occurring on or after 

7 the date on which the Secretary makes such deter8 mination. 

9 ‘‘(D) Subsection (g)(1)(F) applies to a health 

10 care practitioner for purposes of this subsection only 

11 to the extent that, in providing health services to an 

12 individual, each of the conditions specified in para13 graph (2) is met. 

14 ‘‘(4)(A) Amounts in the fund established under sub15 section (k)(2) shall be available for transfer under sub16 paragraph (C) for purposes of carrying out this sub17 section. 

18 ‘‘(B) Not later May 1 of each fiscal year, the Attor19 ney General, in consultation with the Secretary, shall sub20 mit to the Congress a report providing an estimate of the 

21 amount of claims (together with related fees and expenses 

22 of witnesses) that, by reason of the acts or omissions of 

23 health professional volunteers, will be paid pursuant to 

24 this section during the calendar year that begins in the 

25 following fiscal year. Subsection (k)(1)(B) applies to the 


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1 estimate under the preceding sentence regarding health 

2 professional volunteers to the same extent and in the same 

3 manner as such subsection applies to the estimate under 

4 such subsection regarding officers, governing board mem5 bers, employees, and contractors of entities described in 

6 subsection (g)(4). 

7 ‘‘(C) Not later than December 31 of each fiscal year, 

8 the Secretary shall transfer from the fund under sub9 section (k)(2) to the appropriate accounts in the Treasury 

10 an amount equal to the estimate made under subpara11 graph (B) for the calendar year beginning in such fiscal 

12 year, subject to the extent of amounts in the fund. 

13 ‘‘(5)(A) This subsection takes effect on October 1, 

14 2011, except as provided in subparagraph (B). 

15 ‘‘(B) Effective on the date of the enactment of this 

16 subsection— 

17 ‘‘(i) the Secretary may issue regulations for car18 rying out this subsection, and the Secretary may ac19 cept and consider applications submitted pursuant to 

20 paragraph (3)(B); and 


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1 ‘‘(ii) reports under paragraph (4)(B) may be 

2 submitted to the Congress.’’. 

Passed the House of Representatives September 23, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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