IB 

Union Calendar No. 352 

111TH CONGRESS 

2D SESSION H. R. 1745 

[Report No. 111–607] 

To amend the Public Health Service Act to provide liability protections 

for volunteer practitioners at health centers under section 330 of such Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Mr. TIM MURPHY of Pennsylvania (for himself and Mr. GENE GREEN of 

Texas) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

SEPTEMBER 16, 2010 

Additional sponsors: Mr. FORTENBERRY and Mr. GINGREY of Georgia 

SEPTEMBER 16, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 26, 2009] 


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A BILL 

To amend the Public Health Service Act to provide liability 

protections for volunteer practitioners at health centers 

under section 330 of such Act. 


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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 ‘‘Family Health Care 

5 Accessibility Act of 2010’’. 

6 SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFES7 SIONAL VOLUNTEERS AT COMMUNITY 

8 HEALTH CENTERS. 

9 Section 224 of the Public Health Service Act (42 

10 U.S.C. 233) is amended by adding at the end the following: 

11 ‘‘(q)(1) For purposes of this section, a health profes12 sional volunteer at an entity described in subsection (g)(4) 

13 shall, in providing a health professional service eligible for 

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

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

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

17 was made under paragraph (4)(C). The preceding sentence 

18 is subject to the provisions of this subsection. 

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

20 a health care practitioner shall for purposes of this sub21 section be considered to be a health professional volunteer 

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

23 conditions are met: 

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

25 the facilities of an entity described in subsection 


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

2 out by the entity. 

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

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

5 ‘‘(C) The health care practitioner does not receive 

6 any compensation for the service from the individual 

7 or from any third-party payer (including reimburse8 ment under any insurance policy or health plan, or 

9 under any Federal or State health benefits program), 

10 except that the health care practitioner may receive 

11 repayment from the entity described in subsection 

12 (g)(4) for reasonable expenses incurred by the health 

13 care practitioner in the provision of the service to the 

14 individual. 

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

16 care practitioner or the entity described in subsection 

17 (g)(4) posts a clear and conspicuous notice at the site 

18 where the service is provided of the extent to which the 

19 legal liability of the health care practitioner is lim20 ited pursuant to this subsection. 

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

22 health care practitioner is licensed or certified in ac23 cordance with applicable law regarding the provision 

24 of the service. 


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

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

3 practitioner for purposes of this subsection to the same ex4 tent and in the same manner as such subsections apply to 

5 an officer, governing board member, employee, or contractor 

6 of an entity described in subsection (g)(4), subject to para7 graph (4) and subject to the following: 

8 ‘‘(A) The first sentence of paragraph (1) applies 

9 in lieu of the first sentence of subsection (g)(1)(A). 

10 ‘‘(B) With respect to an entity described in sub11 section (g)(4), a health care practitioner is not a 

12 health professional volunteer at such entity unless the 

13 entity sponsors the health care practitioner. For pur14 poses of this subsection, the entity shall be considered 

15 to be sponsoring the health care practitioner if— 

16 ‘‘(i) with respect to the health care practi17 tioner, the entity submits to the Secretary an ap18 plication meeting the requirements of subsection 

19 (g)(1)(D); and 

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

21 (g)(1)(E), determines that the health care practi22 tioner is deemed to be an employee of the Public 

23 Health Service. 

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

25 who is determined by the Secretary pursuant to subVerDate Mar 15 2010 22:22 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1745.RH H1745

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1 section (g)(1)(E) to be a health professional volunteer 

2 at such entity, this subsection applies to the health 

3 care practitioner (with respect to services performed 

4 on behalf of the entity sponsoring the health care 

5 practitioner pursuant to subparagraph (B)) for any 

6 cause of action arising from an act or omission of the 

7 health care practitioner occurring on or after the date 

8 on which the Secretary makes such determination. 

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 subpara16 graph (C) for purposes of carrying out this subsection. 

17 ‘‘(B) Not later May 1 of each fiscal year, the Attorney 

18 General, in consultation with the Secretary, shall submit 

19 to the Congress a report providing an estimate of the 

20 amount of claims (together with related fees and expenses 

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

22 health professional volunteers, will be paid pursuant to this 

23 section during the calendar year that begins in the following 

24 fiscal year. Subsection (k)(1)(B) applies to the estimate 

25 under the preceding sentence regarding health professional 


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1 volunteers to the same extent and in the same manner as 

2 such subsection applies to the estimate under such sub3 section regarding officers, governing board members, em4 ployees, and contractors of entities described in subsection 

5 (g)(4). 

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

7 the Secretary shall transfer from the fund under subsection 

8 (k)(2) to the appropriate accounts in the Treasury an 

9 amount equal to the estimate made under subparagraph (B) 

10 for the calendar year beginning in such fiscal year, subject 

11 to the extent of amounts in the fund. 

12 ‘‘(5)(A) This subsection takes effect on October 1, 2011, 

13 except as provided in subparagraph (B). 

14 ‘‘(B) Effective on the date of the enactment of this sub15 section— 

16 ‘‘(i) the Secretary may issue regulations for car17 rying out this subsection, and the Secretary may ac18 cept and consider applications submitted pursuant to 

19 paragraph (3)(B); and 

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

21 submitted to the Congress.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 352 

111TH CONGRESS 

2D SESSION H. R. 1745 

[Report No. 111–607] 

A BILL 

To amend the Public Health Service Act to provide 

health centers under section 330 of such Act. liability protections for volunteer practitioners at 

SEPTEMBER 16, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS