Page:United States Statutes at Large Volume 106 Part 4.djvu/532

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106 STAT. 3268 PUBLIC LAW 102-501—OCT. 24, 1992 Public Law 102-501 102d Congress An Act Oct. 24, 1992 To amend the Public Health Service Act to provide protections from legal liability [H.R. 6183] for certain health care professionals providing services pursuant to such Act. Be it enacted by the Senate and House of Representatives of Federally the United States of America in Congress assembled, Supported ^ ^ Health Centers SECTION 1. SHORT TITLE. tnidt'^^^'^^ This Act may be cited as the "Federally Supported Health 42 USC 201 note. Centers Assistance Act of 1992". SEC. 2. LIABILITY PROTECTIONS FOR CERTAIN HEALTH CARE PROFESSIONALS. (a) IN GENERAL.—Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following new subsection: "(g)(1) For purposes of this section, an entity described in paragraph (4) and any officer, employee, or contractor (subject to paragraph (5)) of such an entity who is a physician or other licensed or certified health care practitioner shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer of the full amount estimated under subsection (k)(l)(A) was made under subsection (k)(3) (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, employee, or contractor (subject to paragraph (5)) of such an entity who is deemed to be an employee of the Public Health Service pursuant to this paragraph shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a). "(2) If, with respect to an entity or person deemed to be an employee for purposes of paragraph (1), a cause of action is instituted against the United States pursuant to this section, any claim of the entity or person for benents under an insurance policy with respect to medical malpractice relating to such cause of action shall be subrogated to the United States. "(3) This subsection shall apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1993. This subsection shall not apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1996. "(4) An entity described in this paragraph is a public or nonprofit private entity receiving Federal funds under any of the following grant programs: "(A) Section 329 (relating to grants for migrant health centers). "(B) Section 330 (relating to grants for community health centers). "(C) Section 340 (relating to grants for health services for the homeless).