Physician Pro Bono Care Act of 2019

“199B. Qualified charity care

“(a) In general—There shall be allowed as a deduction for the taxable year an amount equal to—

“(1) in the case of a direct primary care physician, an amount equal to the sum of—

“(A) the fee (as published on a publicly available website of such physician) for physicians’ services that are qualified charity care furnished by such taxpayer during such year, and

“(B) for each visit by a patient to such physician during which qualified charity care is furnished, half of so much of the lowest subscription fee of such physician that is attributable to a month, and

“(2) in the case of any other individual, the unreimbursed Medicare-based value of qualified charity care furnished by such taxpayer during such year.

“(b) Definitions—For purposes of this section:

“(1) Unreimbursed Medicare-based value—The term unreimbursed Medicare-based value means, with respect to physicians’ services, the amount payable for such services under the physician fee schedule established under section 1848 of the Social Security Act.

“(2) Qualified charity care—The term qualified charity care means physicians’ services that are furnished—

“(A) without expectation of reimbursement, and

“(B) to an individual enrolled—

“(i) under a State plan under title XIX of the Social Security Act (or a waiver of such plan), or

“(ii) under a State child health plan under title XXI of the Social Security Act (or a waiver of such plan).

“(3) Direct primary care physician—The term direct primary care physician means a physician (as defined in section 1861(r) of the Social Security Act) who provides primary care—

“(A) to individuals who have paid a periodic subscription fee, and

“(B) in exchange for a fee that is published on a publicly available website of such physician.

“(4) Physicians’ services—The term physicians’ services has the meaning given such term by section 1861(q) of the Social Security Act.

“(c) Limitation—The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed the gross receipts attributable to physicians’ services furnished by the taxpayer during the taxable year.”

“224A. Limitation on liability for volunteer health care professionals

“(a) Limitation on liability—A physician shall not be liable under Federal or State law in any civil action for any harm caused by an act or omission of such physician, or attending medical personnel supporting such physician, if such act or omission—

“(1) occurs in the course of furnishing qualified charity care (as such term is defined in section 199B of the Internal Revenue Code of 1986); and

“(2) was not grossly negligent.

“(b) Preemption—This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability for a defendant.

“(c) Definitions—In this section:

“(1) Physician—The term physician has the meaning given such term by section 1861(r) of the Social Security Act.

“(2) Attending medical personnel—The term attending medical personnel means an individual who is licensed to directly support a physician in furnishing medical services.”