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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Volunteer Healthcare Program Act of
2008''.

SEC. 2. PURPOSES.

It is the purpose of this Act to provide grants to States to--
(1) promote access to quality health and dental care for
the medically underserved and uninsured through the commitment
of volunteers; and
(2) encourage and enable healthcare providers to provide
health services to eligible individuals by providing sovereign
immunity protection for the provision of uncompensated
services.

SEC. 3. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE VOLUNTEER
INDEMNITY PROGRAMS.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

''SEC. 399R. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE
VOLUNTEER INDEMNITY PROGRAMS.

''(a) In General.--The Secretary shall award a grant to an eligible
State to enable such State to establish a demonstration program to--
''(1) promote access to quality health and dental care for
the medically underserved and uninsured through the commitment
of volunteer healthcare providers; and
''(2) encourage and enable healthcare providers to provide
health services to eligible individuals, and ensure that
eligible individuals have the right to recover damages for
medical malpractice (in accordance with State law) by providing
sovereign immunity protection for the provision of
uncompensated services.
''(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State shall--
''(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
''(2) provide assurances that the State will not permit
hospitals to enroll individuals seeking care in emergency
departments into the State program; and
''(3) provide assurances that the State will provide
matching funds in accordance with subsection (e).
''(c) Use of Funds.--
''(1) In general.--A State shall use amounts received under
a grant under this section to establish a demonstration program
under which--
''(A) the State will arrange for the provision of
health and dental care to eligible individuals (as
determined under subsection (d)) participating in the
State program;
''(B) ensure that the health and dental care under
paragraph (1) is provided by qualified healthcare
providers that do not receive any form of compensation
or reimbursement for the provision of such care;
''(C) sovereign immunity is extended to qualified
healthcare providers (as defined in paragraph (2)) for
the provision of care to eligible individuals under the
State program under this section;
''(D) the State will agree not to impose any
additional limitations or restrictions on the recovery
of damages for negligent acts, other than those in
effect on date of the establishment of the
demonstration program;
''(E) the State will use more than 5 percent of
amounts received under the grant to conduct an annual
evaluation, and submit to the Secretary a report
concerning such evaluation, of the State program and
the activities carried out under the State program.
''(2) Qualified healthcare providers.--
''(A) In general.--The term 'qualified healthcare
provider' means a healthcare provider described in
subparagraph (B) that--
''(i) is licensed by the State to provide
the care involved and is providing such care in
good faith while acting within the scope of the
provider's training and practice;
''(ii) is in good standing with respect to
such license and not on probation;
''(iii) is not, or has not been, subject to
Medicare or Medicaid sanctions under title
XVIII or XIX of the Social Security Act; and
''(iv) is authorized by the State to
provide health or dental care services under
the State program under this section.
''(B) Provider described.--A healthcare provider
described in this subparagraph includes--
''(i) an ambulatory surgical center;
''(ii) a hospital or nursing home;
''(iii) a physician or physician of
osteopathic medicine;
''(iv) a physician assistant;
''(v) a chiropractic practitioner;
''(vi) a physical therapist;
''(vii) a registered nurse, nurse midwife,
licensed practical nurse, or advanced
registered nurse practitioner;
''(viii) a dentist or dental hygienist;
''(ix) a professional association,
professional corporation, limited liability
company, limited liability partnership, or
other entity that provides, or has members that
provide, health or dental care services;
''(x) a non-profit corporation qualified as
exempt from Federal income taxation under
section 501(c) of the Internal Revenue Code of
1986; and
''(xi) a federally funded community health
center, volunteer corporation, or volunteer
healthcare provider that provides health or
dental care services.
''(d) Priority.--Priority in awarding grants under this section
shall be given the States that will provide health or dental care under
the State program under this section, to individuals that--
''(1) have a family income that does not exceed 200 percent
of the Federal poverty line (as defined in section 673(2) of
the Community Health Services Block Grant Act) for a family of
the size involved;
''(2) are not be covered under any health or dental
insurance policy or program (as determined under applicable
State law); and
''(3) are determined to be eligible for care, and referred
for such care, by the State department of health or other
entity authorized by the State for purposes of administering
the State program under this section.
''(e) Provision of Information.--A State shall ensure that prior to
the enrollment under a State program under this section, the individual
involved shall be fully informed of the limitation on liability
provided for under subsection (c)(1)(C) with respect to the provider
involved and shall sign a waiver consenting to such care.
''(f) Matching Requirement.--
''(1) In general.--The Secretary may not award a grant to a
State under this section unless the State agrees, with respect
to the costs to be incurred by the State in carrying out
activities under the grant, to make available non-Federal
contributions (in cash or in kind under paragraph (2)) toward
such costs in an amount equal to not less than $1 for each $3
of Federal funds provided in the grant. Such contributions may
be made directly or through donations from public or private
entities.
''(2) Determination of amount of non-federal
contribution.--
''(A) In general.--Non-Federal contributions
required in paragraph (1) may be in cash or in kind,
fairly evaluated, including equipment or services (and
excluding indirect or overhead costs). Amounts provided
by the Federal Government, or services assisted or
subsidized to any significant extent by the Federal
Government, may not be included in determining the
amount of such non-Federal contributions.
''(B) Maintenance of effort.--In making a
determination of the amount of non-Federal
contributions for purposes of paragraph (1), the
Secretary may include only non-Federal contributions in
excess of the average amount of non-Federal
contributions made by the State involved toward the
purpose for which the grant was made for the 2-year
period preceding the first fiscal year for which the
State is applying to receive a grant under this
section.
''(g) Administrative Provisions.--
''(1) Amount of grant.--The amount of a grant under this
section shall not exceed $600,000 per year for not more than 5
fiscal years.
''(2) Number of grants.--The Secretary shall not award more
than 15 grants under this section.
''(h) Evaluation.--Not later than 3 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
conduct an evaluation of the activities carried out by States under
this section, and submit to the appropriate committees of Congress a
report concerning the results of such evaluation.
''(i) Authorization of Appropriations.--
''(1) In general.--There is authorized to be appropriated
such sums as may be necessary to carry out this section.
''(2) Evaluations.--The Secretary shall use 5 percent of
the amount appropriated under paragraph (1) for each fiscal
year to carry out evaluations under subsection (h).''.
Output:
Volunteer Healthcare Program Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award matching grants to states to establish demonstration programs to: (1) promote access to quality health and dental care for the medically underserved and uninsured through the commitment of volunteer health care providers; (2) encourage and enable health care providers to provide health services to eligible individuals; and (3) ensure that eligible individuals have the right to recover damages for medical malpractice by providing sovereign immunity protection for the provision of uncompensated services.

Requires individuals to be fully informed of the limitation on liability provided for under such programs.