To improve access to pro bono care for medically underserved or indigent individuals by providing limited medical liability protections.

SA 3593. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill H.R. 4872, to provide for reconciliation pursuant to
Title II of the concurrent resolution on the budget for fiscal year
2010 (S. Con. Res. 13); which was ordered to lie on the table; as
follows:

At the end of subtitle B of title II, insert the following:

SEC. 2__. HEALTH CARE SAFETY NET ENHANCEMENT.

(a) Limitation on Liability.--Notwithstanding any other
provision of law, a health care professional shall not be
liable in any medical malpractice lawsuit for a cause of

[[Page S2030]]

action arising out of the provision of, or the failure to
provide, any medical service to a medically underserved or
indigent individual while engaging in the provision of pro
bono medical services.
(b) Requirements.--Subsection (a) shall not apply--
(1) to any act or omission by a health care professional
that is outside the scope of the services for which such
professional is deemed to be licensed or certified to
provide, unless such act or omission can reasonably be
determined to be necessary to prevent serious bodily harm or
preserve the life of the individual being treated;
(2) if the services on which the medical malpractice claim
is based did not arise out of the rendering of pro bono care
for a medically underserved or indigent individual; or
(3) to an act or omission by a health care professional
that constitutes willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed
by such professional.
(c) Definition.--In this section--
(1) the term ``medically underserved individual'' means an
individual who does not have health care coverage under a
group health plan, health insurance coverage, or any other
health care coverage program; and
(2) the term ``indigent individual'' means and individual
who is unable to pay for the health care services that are
provided to the individual.
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