Bill limiting liability for charity healthcare providers passed by Indiana House

For immediate release:
Feb. 24, 2015

INDIANAPOLIS – Legislation co-authored by State Representative Vernon G. Smith (D-Gary) limiting liability for charity healthcare providers was approved today by the Indiana House of Representatives.

House Bill 1145 grants civil immunity to volunteer health professionals providing uncompensated, nonemergency services. Patients must receive prior notification that the service provider is immune from any type of civil liability. Damages resulting from gross negligence or willful misconduct are not covered.

“We have a number of humanitarian doctors who give back to the community by volunteering their time,” said Smith. “They are operating for the benefit of the people, but a grey cloud looms over their heads. Doctors acting as good Samaritans are often sued because the outcome of a situation didn’t turn out how somebody wanted it to.

“This is a major issue because many doctors shy away from providing charitable services due to potential increases in insurance costs,” he added.

HB 1145 requires the Professional Licensing Agency to determine where volunteer services may be provided. The agency must also create a healthcare volunteer registry comprised of physicians, physician assistants, dentists, and nurses.

State Rep. David Frizzell (R-Indianapolis) authored the legislation. In addition to Smith, State Reps. Dennis Zent (R-Angola), Thomas Washburne (R-Inglefield), and Todd Huston (R-Fishers) co-authored the bill.

The Indiana House of Representatives passed HB 1145 with a vote of 91-0. The bill now moves to the Indiana Senate for further legislative action.