I
110th CONGRESS
1st Session
H. R. 1626
IN THE HOUSE OF REPRESENTATIVES
March 21, 2007
Mr. Tim Murphy of Pennsylvania (for himself, Mrs. Davis of California, and Mr. Altmire) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.
Short title
This Act may be cited as the
Family Health Care Accessibility Act
of 2007
.
Findings
The Congress finds as follows:
Community Health Centers (CHCs) are nonprofit, community supported health care facilities providing primary and preventive health care services to over 15,000,000 low-income, underinsured, and uninsured families.
Nearly 70 percent of CHC patients have family incomes at or below poverty ($15,000 annual income for a family of three). In addition, nearly 40 percent of CHC patients are uninsured.
For many patients, CHCs are the only source of health care services available. While the number of uninsured patients at CHCs is rapidly growing—from around 3,900,000 in 1998 to over 5,900,000 today—the number of physicians available to treat these patients is decreasing.
There is a critical shortage of physicians available at CHCs to meet the health care needs of the uninsured and underinsured. The Journal of the American Medical Association reports a 13-percent vacancy rate for family physicians, a 9-percent vacancy rate for internists, a 20-percent vacancy rate for OB–GYNs and a 22-percent vacancy rate for psychiatrists.
Physicians hired by CHCs are covered by the Federal Tort Claims Act for medical liability costs. However, physicians who wish to volunteer at CHCs are not covered by the Federal Tort Claims Act.
CHCs have limited resources to meet the current and future needs of the uninsured and underinsured. Physicians are willing to volunteer at CHCs, however, they are dissuaded from doing so because of the cost of medical liability insurance. Extending Federal Tort Claims Act coverage to volunteer physicians would result in more patients being served at a lower cost at CHCs.
Health centers under Public Health Service Act; liability protections for volunteer practitioners
In general
Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended—
in subsection (g)(1)(A)—
in the first
sentence, by striking or employee
and inserting employee,
or (subject to subsection (k)(4)) volunteer practitioner
; and
in the second
sentence, by inserting and subsection (k)(4)
after
subject to paragraph (5)
; and
in each of subsections (g), (i), (j), (k), (l), and (m)—
by striking the
term employee, or contractor each place such term appears and
inserting employee, volunteer practitioner, or
contractor
;
by striking the
term employee, and contractor each place such term appears and
inserting employee, volunteer practitioner, and
contractor
;
by striking the
term employee, or any contractor each place such term appears and
inserting employee, volunteer practitioner, or contractor
;
and
by striking the
term employees, or contractors each place such term appears and
inserting employees, volunteer practitioners, or
contractors
.
Applicability; definition
Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph:
Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners.
For purposes of subsections (g) through (m), the term volunteer practitioner means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions:
The practitioner is a licensed physician or a licensed clinical psychologist.
At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph.
The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).
.