text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Community Health Center Volunteer 
  Provider Protection Act of 2005''.
  
  SEC. 2. FINDINGS.
  
      Congress finds as follows:
              (1) As there are over 45,000,000 individuals lacking health 
          insurance or who have inadequate health care coverage in the 
          United States, health centers under section 330 of the Public 
          Health Service Act (42 U.S.C. 254b), including community health 
          centers, are increasingly called upon to provide care to the 
          uninsured and underinsured.
              (2) These health centers are being challenged by increasing 
          financial pressures that jeopardize their ability to provide 
          access to health services for a number of large medically 
          underserved populations, including the elderly, the uninsured, 
          and lower-income individuals.
              (3) Granting volunteer physician liability coverage through 
          the program under section 224(g) of the Public Health Service 
          Act (relating to the provisions of title 28, United States 
          Code, that are commonly referred to as the Federal Tort Claims 
          Act) (42 U.S.C. 233(g)) would significantly increase the number 
          of physicians available onsite at such health centers. Federal 
          studies have concluded that by offering liability coverage, 
          such centers are able to redirect funds to recruit full-time 
          physicians and provide needed health care services to their 
          communities.
              (4) In addition, an increase in volunteer physicians at the 
          health centers will result in a direct improvement in the 
          ability of the centers to offer quality health care services 
          where the services are needed most.
  
  SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY 
                PROTECTIONS FOR VOLUNTEER PRACTITIONERS.
  
      (a) In General.--Section 224 of the Public Health Service Act (42 
  U.S.C. 233) is amended--
              (1) in subsection (g)(1)(A)--
                      (A) in the first sentence, by striking ``or 
                  employee'' and inserting ``employee, or (subject to 
                  subsection (k)(4)) volunteer practitioner''; and
                      (B) in the second sentence, by inserting ``and 
                  subsection (k)(4)'' after ``subject to paragraph (5)''; 
                  and
              (2) in each of subsections (g), (i), (j), (k), (l), and 
          (m), by striking ``employee, or contractor'' each place such 
          term appears and inserting ``employee, volunteer practitioner, 
          or contractor''.
      (b) Applicability; Definition.--Section 224(k) of the Public Health 
  Service Act (42 U.S.C. 233(k)) is amended by adding at the end the 
  following paragraph:
      ``(4)(A) Subsections (g) through (m) apply with respect to 
  volunteer practitioners beginning with the first fiscal year for which 
  an appropriations Act provides that amounts in the fund under paragraph 
  (2) are available with respect to such practitioners.
      ``(B) For purposes of subsections (g) through (m), the term 
  `volunteer practitioner' means a practitioner who, with respect to an 
  entity described in subsection (g)(4), meets the following conditions:
              ``(i) The practitioner is a licensed physician or a 
          licensed clinical psychologist.
              ``(ii) At the request of such entity, the practitioner 
          provides services to patients of the entity, at a site at which 
          the entity operates or at a site designated by the entity. The 
          weekly number of hours of services provided to the patients by 
          the practitioner is not a factor with respect to meeting 
          conditions under this subparagraph.
              ``(iii) The practitioner does not for the provision of such 
          services receive any compensation from such patients, from the 
          entity, or from third-party payors (including reimbursement 
          under any insurance policy or health plan, or under any Federal 
          or State health benefits program).''.
  
  SEC. 4. STUDY ON ADEQUACY OF FUNDING FOR COVERAGE.
  
      (a) Study.--The Comptroller General of the United States shall 
  conduct a study concerning the adequacy of funding for liability 
  coverage through the program under section 224(g) of the Public Health 
  Service Act (relating to the provisions of title 28, United States 
  Code, that are commonly referred to as the Federal Tort Claims Act) (42 
  U.S.C. 233(g)) for--
              (1) public or nonprofit private entities receiving Federal 
          funds for health centers under section 330 of such Act (42 
          U.S.C. 254b); and
              (2) volunteer practitioners serving such health centers.
      (b) Report.--Not later than 6 months after the date of enactment of 
  this Act, the Comptroller General of the United States shall prepare 
  and submit to the appropriate committees of Congress a report 
  containing findings and recommendations from the study conducted under 
  subsection (a), including recommendations concerning the adequacy of 
  the funding described in subsection (a).
target: Community Health Center Volunteer Provider Protection Act of 2005 - Amends the Public Health Service Act to deem volunteer practitioners at health centers as employees of the Public Health Service for purposes of any civil action that may arise due to providing services to patients at such health centers.
  
  Defines "volunteer practitioner" as a licensed physician who: (1) at the request of the entity, provides services to patients of a public or nonprofit entity receiving Federal funds for serving medically underserved areas; (2) provides such service at a site at which the entity operates or at a site designated by the entity; and (3) does not receive any compensation for the provision of services.
  
  Requires the Comptroller General to study the adequacy of funding for liability coverage for: (1) public or nonprofit private entities receiving federal funds for health centers; and (2) volunteer practitioners serving such centers.
feat_title: A bill to amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.