Good Samaritan Health Professionals Act of 2021
This bill extends liability protection for harm caused by acts or omissions by volunteer health care professionals in the course of providing certain health care services during specified public-health or national emergencies or major disasters. However, such liability protection shall not apply if (1) the harm was caused by 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 health care professional provided services under the influence of alcohol or an intoxicating drug.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5239 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5239
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 HOUSE OF REPRESENTATIVES
September 10, 2021
Mr. Ruiz (for himself and Mr. Bucshon) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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 2021''.
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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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