Dear Speaker Pelosi, Minority Leader McCarthy, Majority Leader McConnell, and Minority Leader
Schumer:
On behalf of the 22 undersigned organizations representing physicians and patients currently faced with
the onset of Coronavirus Disease 2019 (COVID-19), we ask your consideration for inclusion of the
following provisions as you draft legislation to help stave off the extreme challenges created by the crisis.
Protect Frontline Physicians
Ensure Physicians Have the Equipment they Need: Expedite personal protective equipment (PPE),
including N95 production and other protective gear, as well as ventilators.
Ensure Good Samaritans are Protected When Crossing State Lines: In order to assist overwhelmed
state and local health systems, volunteer surgeons, anesthesiologists, and other health care professionals
will be needed to provide coverage. The current federal and state Good Samaritan laws provide some
civil liability protections for volunteer health care providers, but only if they are licensed in the state
where the services are provided. The Good Samaritan Health Professionals Act (S.1350/H.R. 6283)
provides certainty by extending federal Good Samaritan civil liability protections (equivalent to the
protections found in the federal Volunteer Protection Act of 1997 and many state laws) to inter-state
volunteers who are licensed in their home state.
Prevent Frivolous Lawsuits for Telehealth: Physicians should be protected from frivolous lawsuits
related to new perceived violations of HIPAA during telehealth treatment. Provided a physicians’ intent is
to virtually treat a patient in their best interest and to the best of the physicians’ ability given the
limitations of technology available to both the physician and the patient, such physicians should not be
held liable for any perceived or actual HIPAA violations
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