WASHINGTON, D.C. –  U.S. Senator Angus King (I-Maine) announced today that he and Senator Bill Cassidy, MD (R-La.) have introduced legislation that would protect licensed health care providers who volunteer their services during disasters in order to ensure that disaster victims have adequate access to medical care following a catastrophic event. The Good Samaritan Health Professionals Act would provide health care professionals with a limited but consistent level of protection from lawsuits while volunteering during federally-declared disasters.

“In the wake of a disaster or crisis, its often doctors, nurses, and health care professionals who are among the first on the scene and who stay the longest to help people and communities heal. They’re folks who come from all across the country – putting their own lives on hold – to volunteer their time and talent to save lives. Cutting out the patchwork of government policies that inadvertently discourage their work is common-sense,” Senator King said. “Because providing responsible and quality care should always come first, especially during a time of emergency when they’re needed the most.”

“When Hurricane Katrina hit Louisiana, temporary hospitals were set up and medical professionals from across the US came to treat patients. We needed them, they saved lives. If another disaster occurs in Louisiana, or in any state, the Good Samaritan Health Professionals Act ensures medical professionals have a certain level of legal protection—an asset when encouraging volunteers to come to a disaster area,” said Dr. Cassidy.

The current patchwork of federal and state law to protect and encourage volunteering, specifically by health care professionals, can be unclear and insufficient in the face of a large-scale disaster, which can have the unintended consequence of deterring health care professionals from providing their services during times of great need.

The Volunteer Protection Act, signed into law by President Bill Clinton in 1997, took steps to fix that by protecting those who volunteer through non-profit agencies or government entities from litigation over possible economic damages they may cause while volunteering. However, the law fails to protect persons who volunteer independently of a formally recognized organization or who cross state lines to volunteer.

The Good Samaritan Health Professionals Act would resolve that situation by extending limited protection from lawsuits to independent volunteers. This legislation would only apply to licensed health care providers and will not affect any current medical liability laws present in individual states or protect against litigation if the damage was done in a deliberate or criminal manner.

A companion bill – H.R.865 – has been introduced in the U.S. House of Representatives by Congresswoman Marsha Blackburn (R-Tenn.) and Congressman David Scott (D-Georgia) and has 45 cosponsors.

The legislation is supported by the Medical Mutual of Maine, the largest provider of medical professional liability insurance coverage in Maine.

To read the complete text of the bill, click HERE.

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