Senate Bill S7028

                                BILL NUMBER:S7028

TITLE OF BILL:
An act to amend the public health law, in relation to the liability of
health care practitioner volunteers

PURPOSE:
This bill is intended to promote the development and expansion of volun-
teer health care practitioner programs throughout the state by removing
the costly requirement that volunteers provide their own professional
liability insurance.

SUMMARY OF PROVISIONS:
The bill amends subdivision 4 of section 260 of the public health law by
removing the requirement that a volunteer health care practitioner who
participates in a health care practitioner volunteer program maintain
his or her own professional liability insurance policy.  Under this
proposal, these volunteers would be deemed "employees" under the public
officers law in order to afford them the same indemnity protections as
state employees.

EXISTING LAW:
Current law requires volunteer health care practitioners to maintain
their own professional liability insurance.

JUSTIFICATION:
              

Created by special legislation in 2002 (Chapter 337), the Schenectady
Health Care Practitioner Volunteer Project (also known as the Schenecta-
dy Free Clinic) served as a model for a statute enacted in 2008 (Chapter
225) which authorizes the Commissioner of Health to approve other such
volunteer health care practitioner programs throughout the State.

In the case of the Schenectady Free Clinic, volunteer physicians, nurses
and other health care professionals serve the health and wellness needs
of the County's uninsured by providing free access to medical care
services to persons not otherwise receiving medical care through estab-
lished programs. The Clinic provides, without charge, primary medical
care and referral specialty care services from a network of participat-
ing practitioners and institutions. The Clinic receives financial
support from a combination of governmental, private, foundation and
grant funding to cover their operating expenses. Its only paid employee
is the Executive Director.

Despite successful local fundraising, the Clinic continues to struggle
financially. The cost of medical malpractice insurance is currently
$35,000-$40,000 a year out of the Clinic's roughly $550,000 annual budg-
et. If additional practitioners are added to the team of volunteers
(many of whom are retired) the medical malpractice expenses will
increase.

In over 35,000 patient visits, the Clinic and its volunteers have never
been sued. Many states provide liability protection to volunteer health
care providers. Notably, the State of Florida successfully encourages
voluntarism on the part of health care providers to serve the medically
indigent by granting these providers "sovereign immunity" for uncompen-
sated services rendered to certain needy clients.

Granting volunteer health care practitioners protection from liability
as they carry out their volunteer activities would encourage more health
care providers to volunteer their time, and help alleviate some of the
financial burden on volunteer clinics such as the Schenectady Free Clin-
ic, thereby helping to assure their continued success in service to the
uninsured in the community.

LEGISLATIVE HISTORY:
This is a new bill. Similar language was included in Senate bill
S.7426-A of 2006.

FISCAL IMPLICATIONS:
Unknown. To date, the sponsor is not aware of any successful claims
against volunteer health practitioners operating in volunteer health
care practitioner programs authorized under this section of the Public
Health Law.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.