Senate File 328
SENATE FILE
BY BOLKCOM, DVORSKY, HORN, KIBBIE,
FRAISE, STEWART, LUNDBY,
SEYMOUR, ZIEMAN, HOUSER,
HATCH, and DOTZLER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to liability of free health clinics participating
2 in the volunteer health care provider program.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2274SS 80
5 pf/pj/5
PAG LIN
1 1 Section 1. Section 135.24, Code 2003, is amended to read
1 2 as follows:
1 3 135.24 VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED
1 4 == IMMUNITY FROM CIVIL LIABILITY.
1 5 1. The director shall establish within the department a
1 6 program to provide to eligible hospitals, clinics, free
1 7 clinics, or other health care facilities, health care referral
1 8 programs, or charitable organizations, free medical, dental,
1 9 and chiropractic services given on a voluntary basis by health
1 10 care providers. A participating health care provider shall
1 11 register with the department and obtain from the department a
1 12 list of eligible, participating hospitals, clinics, free
1 13 clinics, or other health care facilities, health care referral
1 14 programs, or charitable organizations.
1 15 2. The department, in consultation with the department of
1 16 human services, shall adopt rules to implement the volunteer
1 17 health care provider program which shall include the
1 18 following:
1 19 a. Procedures for registration of health care providers
1 20 deemed qualified by the board of medical examiners, the board
1 21 of physician assistant examiners, the board of dental
1 22 examiners, the board of nursing, and the board of chiropractic
1 23 examiners.
1 24 b. Procedures for registration of free clinics.
1 25 b. c. Criteria for and identification of hospitals,
1 26 clinics, free clinics, or other health care facilities, health
1 27 care referral programs, or charitable organizations, eligible
1 28 to participate in the provision of free medical, dental, or
1 29 chiropractic services through the volunteer health care
1 30 provider program. A free clinic, health care facility, a
1 31 health care referral program, a charitable organization, or a
1 32 health care provider participating in the program shall not
1 33 bill or charge a patient for any health care provider service
1 34 provided under the volunteer health care provider program.
1 35 c. d. Identification of the services to be provided under
2 1 the program. The services provided may include, but shall not
2 2 be limited to, obstetrical and gynecological medical services,
2 3 psychiatric services provided by a physician licensed under
2 4 chapter 148, 150, or 150A, or services provided under chapter
2 5 151.
2 6 3. A health care provider providing free care under this
2 7 section shall be considered an employee of the state under
2 8 chapter 669 and shall be afforded protection as an employee of
2 9 the state under section 669.21, provided that the health care
2 10 provider has done all of the following:
2 11 a. Registered with the department pursuant to subsection
2 12 1.
2 13 b. Provided medical, dental, or chiropractic services
2 14 through a hospital, clinic, free clinic, or other health care
2 15 facility, health care referral program, or charitable
2 16 organization listed as eligible and participating by the
2 17 department pursuant to subsection 1.
2 18 4. A free clinic providing free care under this section
2 19 shall be considered a state agency solely for the purposes of
2 20 this section and chapter 669 and shall be afforded protection
2 21 under chapter 669 as a state agency for all claims arising
2 22 from the provision of free care by a health care provider
2 23 registered under subsection 3 who is providing services at the
2 24 free clinic in accordance with this section, if the free
2 25 clinic has registered with the department pursuant to
2 26 subsection 1.
2 27 4. 5. For the purposes of this section, "charitable
2 28 organization" means a charitable organization within the
2 29 meaning of section 501(c)(3) of the Internal Revenue Code
2 30 which has as its primary purpose the sponsorship or support of
2 31 programs designed to improve the quality, awareness, and
2 32 availability of chiropractic, dental, or medical services to
2 33 children and to serve as a funding mechanism for provision of
2 34 chiropractic, dental, or medical services, including but not
2 35 limited to immunizations, to children in this state.
3 1 5. 6. For the purposes of this section, "health:
3 2 a. "Free clinic" means a facility, other than a hospital or
3 3 health care provider's office which is exempt from taxation
3 4 under section 501(c)(3) of the Internal Revenue Code and which
3 5 has as its primary purpose the provision of health care
3 6 services without charge to individuals who are otherwise
3 7 unable to pay for the services.
3 8 b. "Health care provider" means a physician licensed under
3 9 chapter 148, 150, 150A, or 151, a physician assistant licensed
3 10 and practicing under a supervising physician pursuant to
3 11 chapter 148C, a licensed practical nurse, a registered nurse,
3 12 or a dentist, dental hygienist, or dental assistant registered
3 13 or licensed to practice under chapter 153.
3 14 EXPLANATION
3 15 This bill provides that free clinics that provide free care
3 16 under the volunteer health care provider program established
3 17 within the Iowa department of public health are considered a
3 18 state agency solely for the purpose of the state tort claims
3 19 Act and are to be afforded protection under the state tort
3 20 claims Act as a state agency for all claims arising from the
3 21 provision of free care by a health care provider registered in
3 22 accordance with program requirements who is providing services
3 23 at the free clinic, if the free clinic has registered with the
3 24 Iowa department of public health in accordance with the
3 25 requirements of the program.
3 26 LSB 2274SS 80
3 27 pf/pj/5.1