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Good Samaritan Health Professionals Act of 2021

12/31/2022, 8:59 AM

Summary of Bill HR 5239

Bill 117 HR 5239, also known as the Good Samaritan Health Professionals Act of 2021, aims to provide liability protections for healthcare professionals who volunteer their services during federally declared disasters or emergencies. The bill specifically targets healthcare professionals who are not already covered by existing liability protections, such as those provided by the Public Readiness and Emergency Preparedness (PREP) Act.

Under this legislation, healthcare professionals who volunteer their services during a federally declared disaster or emergency would be protected from liability as long as they are providing care within the scope of their license or certification. This would include services such as administering vaccines, providing medical treatment, or offering mental health support.

The bill also includes provisions to ensure that healthcare professionals are not held liable for any acts of gross negligence or willful misconduct while providing volunteer services. Additionally, the legislation would require the Secretary of Health and Human Services to establish a process for healthcare professionals to report adverse events that occur during their volunteer service. Overall, the Good Samaritan Health Professionals Act of 2021 aims to encourage more healthcare professionals to volunteer their services during times of crisis by providing them with the necessary liability protections. This bill has received bipartisan support in Congress and is seen as a way to strengthen the nation's response to emergencies and disasters.

Congressional Summary of HR 5239

Good Samaritan Health Professionals Act of 2021

This bill extends liability protection for harm caused by acts or omissions by volunteer health care professionals in the course of providing certain health care services during specified public-health or national emergencies or major disasters. However, such liability protection shall not apply if (1) the harm was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the health care professional provided services under the influence of alcohol or an intoxicating drug.

Current Status of Bill HR 5239

Bill HR 5239 is currently in the status of Bill Introduced since September 10, 2021. Bill HR 5239 was introduced during Congress 117 and was introduced to the House on September 10, 2021.  Bill HR 5239's most recent activity was Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. as of November 1, 2022

Bipartisan Support of Bill HR 5239

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
18
Democrat Cosponsors
6
Republican Cosponsors
12
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 5239

Primary Policy Focus

Health

Potential Impact Areas

- Civil actions and liability
- Disaster relief and insurance
- Emergency medical services and trauma care
- Evidence and witnesses
- Federal preemption
- Health care quality
- Health personnel
- Licensing and registrations
- Social work, volunteer service, charitable organizations

Alternate Title(s) of Bill HR 5239

To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster.
Good Samaritan Health Professionals Act of 2021
Good Samaritan Health Professionals Act of 2021

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