S. 2536 (103rd): Charitable Medical Care Act of 1994

103rd Congress, 1993–1994. Text as of Oct 07, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

S 2536 IS

103d CONGRESS

2d Session

S. 2536

To encourage the furnishing of health care services to low-income individuals by exempting health care professionals from liability for negligence for health care services provided without charge, except in cases of gross negligence or willful misconduct, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 7 (legislative day, SEPTEMBER 12), 1994

Mr. DANFORTH (for himself, Ms. MOSELEY-BRAUN, and Mr. DOMENICI) introduced the following bill; which was read the first time


A BILL

To encourage the furnishing of health care services to low-income individuals by exempting health care professionals from liability for negligence for health care services 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 Representatives 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 1994’.

SEC. 2. EXEMPTION OF HEALTH CARE PROFESSIONALS FROM NEGLIGENCE LIABILITY IN THE PROVISION OF 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 resulting from the rendering of a health care service described in paragraph (2) unless the act or omission was the result of gross negligence or willful misconduct.

      (2) HEALTH CARE SERVICE DESCRIBED- A health care service described in this paragraph is a health care service voluntarily rendered by a health care professional--

        (A) within the scope of the health care professional’s license or certification; and

        (B) without charge to the recipient of such service (or any health insurance plan or program under which the recipient is covered).

    (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 voluntarily 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 HHS of the health care professional’s limited liability with respect to the service.

    (c) PREEMPTION- The provisions of this section shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this section shall not preempt any State law that provides greater incentives or protections to a health care professional rendering 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.