Legislative and Liability Issues

Federal Tort Claims Act Coverage for Free Clinic Volunteer Health Care Professionals
Congress has enacted FTCA medical malpractice protection for volunteer free clinic health professionals through Section 194 of HIPAA (Public Law 104-191) by amending Section 224 of the Public Health Service Act (PHS Act) (42 U.S.C 233). If a volunteer health care professional meets all the requirements of the program, the related free clinic can sponsor him/her to be a "deemed" federal employee for the purpose of FTCA medical malpractice coverage. FTCA deemed status provides the volunteer health care professional with immunity from medical malpractice lawsuits resulting from his/her subsequent performance of medical, surgical, dental or other related functions within the scope of his/her work at the free clinic.

State Licensing and Liability Guidelines for Volunteers
The American Medical Association provides a state list delineating licensing provisions and liability laws for physicians who wish to serve as volunteers.

State Licensing and Liability Guidelines for Volunteers

Volunteers in Health Care offers a national non-profit resource center for organizations and volunteer clinicians caring for the uninsured. The link below directs you to a primer on liability coverage for physicians engaged in volunteer work.

Understanding Charitable Immunity Legislation: A Volunteers in Health Care Guide