Title: Good Samaritan Health Professionals Act of 2019
Policy area: Health

Summary:
Good Samaritan Health Professionals Act of 2019
This bill shields health care professionals from liability under federal or state law for harm caused by an act or omission while (1) the professional is serving as a volunteer in response to a disaster; and (2) such act or omission occurs during the period of the disaster, in the state where the disaster has been declared, in the professional's capacity as a volunteer, during the course of providing a service for which the professional is licensed or certified, and with a good faith belief that the individual being treated is in need of health care services.
This protection from liability does not apply if (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of alcohol or an intoxicating drug.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1350 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1350

To amend the Public Health Service Act to limit the liability of health 
  care professionals who volunteer to provide health care services in 
                        response to a disaster.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2019

 Mr. Cassidy (for himself, Mr. King, Mrs. Blackburn, Mrs. Shaheen, Mr. 
  Cramer, Mr. Wicker, Ms. Murkowski, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to limit the liability of health 
  care professionals who volunteer to provide health care services in 
                        response to a disaster.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Samaritan Health Professionals 
Act of 2019''.

SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE 
              PROFESSIONALS.

    (a) In General.--Title II of the Public Health Service Act (42 
U.S.C. 202 et seq.) is amended by inserting after section 224 the 
following:

``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE 
              PROFESSIONALS.

    ``(a) Limitation on Liability.--Except as provided in subsection 
(b), a health care professional shall not be liable under Federal or 
State law for any harm caused by an act or omission of the professional 
in the provision of health care services if--
            ``(1) the professional is serving, for purposes of 
        responding to a disaster, as a volunteer; and
            ``(2) the act or omission occurs--
                    ``(A) during the period of the disaster, as 
                determined under the laws listed in subsection (d)(1);
                    ``(B) in the State or States for which the disaster 
                is declared;
                    ``(C) in the health care professional's capacity as 
                a volunteer;
                    ``(D) in the course of providing services that are 
                within the scope of the license, registration, or 
                certification of the volunteer, as defined by the State 
                of licensure, registration, or certification; and
                    ``(E) in a good faith belief that the individual 
                being treated is in need of health care services.
    ``(b) Exceptions.--Subsection (a) does not apply if--
            ``(1) the harm was caused by an act or omission 
        constituting willful or criminal misconduct, gross negligence, 
        reckless misconduct, or a conscious flagrant indifference to 
        the rights or safety of the individual harmed by the health 
        care professional; or
            ``(2) the health care professional rendered the health care 
        services under the influence (as determined pursuant to 
        applicable State law) of alcohol or an intoxicating drug.
    ``(c) Preemption.--
            ``(1) In general.--This section preempts the laws of a 
        State or any political subdivision of a State to the extent 
        that such laws are inconsistent with this section, unless such 
        laws provide greater protection from liability.
            ``(2) Volunteer protection act.--Protections afforded by 
        this section are in addition to those provided by the Volunteer 
        Protection Act of 1997.
    ``(d) Definitions.--In this section:
            ``(1) The term `disaster' means--
                    ``(A) a national emergency declared by the 
                President under the National Emergencies Act;
                    ``(B) an emergency or major disaster declared by 
                the President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act; or
                    ``(C) a public health emergency that is determined 
                by the Secretary under section 319 of this Act with 
                respect to one or more States specified in such 
                determination--
                            ``(i) during only the initial period 
                        covered by such determination; and
                            ``(ii) excluding any period covered by a 
                        renewal of such determination.
            ``(2) The term `harm' includes physical, nonphysical, 
        economic, and noneconomic losses.
            ``(3) The term `health care professional' means an 
        individual who is licensed, registered, or certified under 
        Federal or State law to provide health care services.
            ``(4) The term `health care services' means any services 
        provided by a health care professional, or by any individual 
        working under the supervision of a health care professional, 
        that relate to--
                    ``(A) the diagnosis, prevention, or treatment of 
                any human disease or impairment; or
                    ``(B) the assessment or care of the health of a 
                human being.
            ``(5) The term `State' includes each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States.
            ``(6)(A) The term `volunteer' means a health care 
        professional who, with respect to the health care services 
        rendered, does not receive--
                    ``(i) compensation; or
                    ``(ii) any other thing of value in lieu of 
                compensation, in excess of $500 per year.
            ``(B) For purposes of subparagraph (A), the term 
        `compensation'--
                    ``(i) includes payment under any insurance policy 
                or health plan, or under any Federal or State health 
                benefits program; and
                    ``(ii) excludes--
                            ``(I) reasonable reimbursement or allowance 
                        for expenses actually incurred;
                            ``(II) receipt of paid leave; and
                            ``(III) receipt of items to be used 
                        exclusively for rendering the health services 
                        in the health care professional's capacity as a 
                        volunteer described in subsection (a)(1).''.
    (b) Effective Date.--
            (1) In general.--Section 224A of the Public Health Service 
        Act, as added by subsection (a), shall take effect 90 days 
        after the date of the enactment of this Act.
            (2) Application.--Section 224A of the Public Health Service 
        Act, as added by subsection (a), applies to a claim for harm 
        only if the act or omission that caused such harm occurred on 
        or after the effective date described in paragraph (1).

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of Congress that--
            (1) health care professionals should be encouraged to 
        register with the Emergency System for Advance Registration of 
        Volunteer Health Professionals (ESAR-VHP), and States should 
        employ online registration with the promptest processing 
        possible of such registrations to foster the rapid deployment 
        and utilization of volunteer health care professionals 
        following a disaster;
            (2) Federal and State agencies and licensing boards should 
        cooperate to facilitate the timely movement of properly 
        licensed volunteer health care professionals to areas affected 
        by a disaster; and
            (3) the appropriate licensing entities should verify the 
        licenses of volunteer health care professionals serving 
        disaster victims as soon as is reasonably practical following a 
        disaster.
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