Bill offers physician volunteers a liability shield

Physicians who volunteer in community health centers would be able to work without the fear of litigation under bipartisan legislation recently introduced on Capitol Hill.

The measure, which has earned the backing of several physician groups and health organizations, would extend medical liability protection to doctors who are offering their services as charity. It would help ease access-to-care problems for uninsured and underinsured patients around the country, its sponsors said.

Currently, recruiting at community health centers is challenging because it's difficult to convince physicians to volunteer if they know they risk facing a liability lawsuit or have to pay out of their own pockets for insurance, legislators said.

"We are fortunate to live in a country where people are willing to volunteer their medical expertise to those who can't afford the medical care they need," said Sen. Rick Santorum (R, Pa.), who sponsored the bill along with Sen. Ron Wyden (D, Ore.). The House version was introduced by Rep. Tim Murphy (R, Pa.) in March.

"The last people we want to deter from contributing their services are volunteers. The hope is that this bill will encourage others to volunteer their services," Santorum said.

The AMA applauded the Community Health Center Volunteer Physician Protection Act of 2005. Physicians want to contribute but are discouraged from doing so by the dangerous medical liability climate, the Association said.

"By reducing the liability exposure of physician volunteers, this legislation will encourage physicians to volunteer at community health centers and improve access to care for low-income and uninsured Americans," said AMA Immediate Past President Donald J. Palmisano, MD.

The bill is designed to add to the protections afforded physicians under the Federal Tort Claims Act, which currently safeguards only doctors who are paid to practice at the clinics. According to the National Assn. of Community Health Centers, expanded protections will be necessary in the coming years as clinics look to add staff to meet the rising demand for care.

Due to federal efforts to increase capacity, community health centers nationwide are serving an additional 4 million patients a year since 2002, and they will need to lean heavily on volunteer physicians for that trend to continue, said Daniel Hawkins, vice president for federal, state and public affairs for the NACHC.

"This legislation is a gift to the spirit of volunteerism and to the medically underserved, low-income communities across America that need doctors," Hawkins said. "It will help the work-force shortages with which health centers are struggling, and most importantly, give doctors a chance to make a real difference in communities."