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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Health Care 
Accessibility Act of 2010’’. 
SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFES-
SIONAL 
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 fol-
lowing: 
‘‘(q)(1) For purposes of this section, a health profes-
sional 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 sen-
tence 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 sub-
section 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. 
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‘‘(B) The entity is sponsoring the health care 
practitioner pursuant to paragraph (3)(B). 
‘‘(C) The health care practitioner does not re-
ceive any compensation for the service from the indi-
vidual or from any third-party payer (including re-
imbursement 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 sub-
section (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 practi-
tioner is limited pursuant to this subsection. 
‘‘(E) At the time the service is provided, the 
health care practitioner is licensed or certified in ac-
cordance 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 
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extent and in the same manner as such subsections apply 
to an officer, governing board member, employee, or con-
tractor of an entity described in subsection (g)(4), subject 
to paragraph (4) and subject to the following: 
‘‘(A) The first sentence of paragraph (1) ap-
plies in lieu of the first sentence of subsection 
(g)(1)(A). 
‘‘(B) With respect to an entity described in sub-
section (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 con-
sidered to be sponsoring the health care practitioner 
if— 
‘‘(i) with respect to the health care practi-
tioner, the entity submits to the Secretary an 
application meeting the requirements of sub-
section (g)(1)(D); and 
‘‘(ii) the Secretary, pursuant to subsection 
(g)(1)(E), determines that the health care prac-
titioner 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 sub-
section (g)(1)(E) to be a health professional volun-
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teer at such entity, this subsection applies to the 
health care practitioner (with respect to services per-
formed 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 deter-
mination. 
‘‘(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 para-
graph (2) is met. 
‘‘(4)(A) Amounts in the fund established under sub-
section (k)(2) shall be available for transfer under sub-
paragraph (C) for purposes of carrying out this sub-
section. 
‘‘(B) Not later May 1 of each fiscal year, the Attor-
ney General, in consultation with the Secretary, shall sub-
mit 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 
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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 mem-
bers, 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 sub-
section (k)(2) to the appropriate accounts in the Treasury 
an amount equal to the estimate made under subpara-
graph (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 car-
rying out this subsection, and the Secretary may ac-
cept and consider applications submitted pursuant to 
paragraph (3)(B); and 
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‘‘(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. 
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