Posted: | December 4, 2015 02:14 PM |
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From: | Senator Andrew E. Dinniman |
To: | All Senate members |
Subject: | Access to Healthcare Act: Free and Charitable Clinic Immunity |
I will soon introduce The Access to Healthcare Act, legislation to ensure that health care professionals who contract to provide free or low-cost quality medical services to underserved populations of the Commonwealth are provided governmental immunity. A significant proportion of Pennsylvania residents who are uninsured or Medicaid recipients are unable to access needed health care because health care providers who offer free or low-cost quality medical services fear the increased risk of medical negligence liability. The Federal Tort Claims Act (FTCA) provides a legal mechanism for compensating people who have suffered personal injury by the negligent or wrongful action of employees of the U.S. government. Under the Public Health Service Act, employees of federally funded eligible health centers may be deemed to be federal employees under the FTCA and thus immune from medical malpractice liability. My legislation extends such protection to nonprofit community-based clinic facilities and also ensures that health care professionals, who are agents of the state and contract to provide such services through free or charitable clinics, are provided governmental protection. I hope you will join me in co-sponsoring this legislation. |
Introduced as SB1102