Sec. 8. Liability protections for health professional volunteers in the Indian Health Service
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Section 224 of the Public Health Service Act ( 42 U.S.C. 233 ) is amended by adding at the end the following: For purposes of this section, a health professional volunteer at a Service unit or Service area (as those terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) (referred to in this subsection as a covered entity ) shall, in providing a health professional service to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (4)(C). Subparagraph
(A)is subject to this subsection. In providing a health service to an individual, a health care practitioner shall for purposes of this subsection be considered to be a health professional volunteer at a covered entity if all of the following conditions are met: The service is provided to the individual at the facilities of a covered entity, or through offsite programs or events carried out by the covered entity. The covered entity is sponsoring the health care practitioner pursuant to paragraph (3)(B). The health care practitioner does not receive any compensation for the service from the individual or from any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care practitioner may receive repayment from the covered entity for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. Before the service is provided, the health care practitioner or the covered entity posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited under this subsection. At the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service. Subsection
(g)(other than paragraphs
(3)and
(5)of that subsection) and subsections (h), (i), and
(l)apply to a health care practitioner at a covered entity for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph
(4)and subject to the following: Each reference to an entity described in subsection (g)(4) shall be considered to be a reference to a covered entity. Paragraph (1)(A) applies in lieu of the first sentence of subsection (g)(1)(A). With respect to a covered entity, a health care practitioner is not a health professional volunteer at the covered entity unless the covered entity sponsors the health care practitioner. For purposes of this subsection, the covered entity shall be considered to be sponsoring the health care practitioner if— with respect to the health care practitioner, the covered entity submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practitioner is deemed to be an employee of the Public Health Service. In the case of a health care practitioner who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a health professional volunteer at the covered entity, this subsection applies to the health care practitioner (with respect to services performed on behalf of the covered entity sponsoring the health care practitioner pursuant to subparagraph (C)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes that determination. Subsection (g)(1)(F) applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions described in paragraph
(2)is met. Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph
(C)for purposes of carrying out this subsection. Not later May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health professional volunteers, will be paid under this section during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under clause
(i)relating to health professional volunteers to the same extent and in the same manner as that subsection applies to the estimate under that subsection relating to officers, governing board members, employees, and contractors of entities described in subsection (g)(4). Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph
(B)for the calendar year beginning in that fiscal year, subject to the extent of amounts in the fund. Except as provided in subparagraph (B), this subsection takes effect on October 1, 2017. Effective on the date of the enactment of this subsection— the Secretary may— issue regulations for carrying out this subsection; and accept and consider applications submitted under paragraph (3)(C); and the Attorney General may submit to Congress a report under paragraph (4)(B). .
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Sec. 8
Liability protections for health professional volunteers in the Indian Health Service
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