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 fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
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 serv-
ices provided without charge except in cases of gross
negligence or willful misconduct, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Charitable Medical
Care Act of 1996’’.
SEC. 2. EXEMPTION OF HEALTH CARE PROFESSIONALS
FROM NEGLIGENCE LIABILITY IN THE PROVI-
SION OF CERTAIN HEALTH CARE SERVICES
WITHOUT CHARGE.
(a) LIMITED LIABILITY.—
(1) IN GENERAL.—Subject to subsection (b), a
health care professional who is licensed or certified
to furnish health care services by the appropriate
authorities for practice in a State shall not be liable
for any civil damages for any act or omission result-
ing from the rendering of a health care service de-
scribed in paragraph (2) unless the act or omission
was the result of gross negligence or willful mis-
conduct.
(2) HEALTH CARE SERVICE DESCRIBED.—
(A) IN GENERAL.—A health care service
described in this paragraph is a health care
service which is—
(i) voluntarily rendered by a health
care professional—
(I) within the scope of the health
care professional’s license or certifi-
cation; and
(II) without charge to the recipi-
ent of such service (or any health in-
surance plan or program under which
the recipient is covered); and
(ii) offered and rendered in, or upon
referral from, a free medical clinic.
(B) FREE MEDICAL CLINIC.—
(i) IN
GENERAL.—For purposes of
subparagraph (A)(iii), a free medical clinic
is a private, not-for-profit entity which—
(I) 
is 
described 
in 
section
501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax-
ation under section 501(a);
(II) is licensed if required by the
State in which it is located; and
(III) provides free outpatient
health care services, a majority of
which are rendered to individuals
whose income does not exceed 200
percent of the poverty line.
(ii) POVERTY LINE.—For purposes of
clause (i)(III), the term ‘‘poverty line’’ has
the same meaning given such term in sec-
tion 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)).
(b) REQUIREMENTS PRIOR
TO FURNISHING
THE
SERVICE.—Subsection (a)(1) shall apply only if a health
care professional before furnishing a health care service—
(1) agrees to furnish the health care service vol-
untarily and without charge to the recipient of such
service (or any health insurance plan or program
under which the recipient is covered); and
(2) provides the recipient of the health care
service with adequate notice, as determined by the
Secretary of Health and Human Services, of the
health care professional’s limited liability with re-
spect to the service.
(c) PREEMPTION.—The provisions of this section
shall preempt any State law to the extent such law is in-
consistent with such provisions. The provisions of this sec-
tion shall not preempt any State law that provides greater
incentives or protections to a health care professional ren-
dering a health care service described in subsection (a)(2).
(d) EFFECTIVE DATE.—This section shall apply with
respect to health care services furnished on or after the
date of the enactment of this Act.
Æ