House File 203 - Introduced HOUSE FILE 203 BY HUNTER A BILL FOR An Act relating to indemnification of hospitals participating 1 in the volunteer health care provider program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2044HH (2) 84 pf/nh

H.F. 203 Section 1. Section 135.24, subsection 2, paragraphs b and c, 1 Code 2011, are amended to read as follows: 2 b. Procedures for registration of hospitals, free clinics, 3 field dental clinics, and specialty health care provider 4 offices. 5 c. Criteria for and identification of hospitals, clinics, 6 free clinics, field dental clinics, specialty health care 7 provider offices, or other health care facilities, health 8 care referral programs, or charitable organizations, 9 eligible to participate in the provision of free medical, 10 dental, chiropractic, pharmaceutical, nursing, optometric, 11 psychological, social work, behavioral science, podiatric, 12 physical therapy, occupational therapy, respiratory therapy, 13 or emergency medical care services through the volunteer 14 health care provider program. A hospital, a clinic, a 15 free clinic, a field dental clinic, a specialty health care 16 provider office, a health care facility, a health care referral 17 program, a charitable organization, or a health care provider 18 participating in the program shall not bill or charge a 19 patient for any health care provider service provided under the 20 volunteer health care provider program. 21 Sec. 2. Section 135.24, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 6A. A hospital providing free care under 24 this section shall be considered a state agency solely for 25 the purposes of this section and chapter 669 and shall be 26 afforded protection under chapter 669 as a state agency for 27 all claims arising from the provision of free care by a health 28 care provider registered under subsection 3 who is providing 29 services at the hospital in accordance with this section or 30 from the provision of free care by a health care provider 31 who is covered by adequate medical malpractice insurance, as 32 determined by the department, if the hospital has registered 33 with the department pursuant to subsection 1. 34 Sec. 3. Section 135.24, subsection 7, Code 2011, is amended 35 -1- LSB 2044HH (2) 84 pf/nh 1/ 2

H.F. 203 by adding the following new paragraph: 1 NEW PARAGRAPH . 0e. “Hospital” means hospital as defined in 2 section 135B.1. 3 EXPLANATION 4 This bill relates to hospitals under the volunteer health 5 care provider program. The bill provides that a hospital 6 providing free care under the program is considered a state 7 agency solely for the purposes of the program and Code chapter 8 669 (state tort claims Act) and is to be afforded protection 9 under Code chapter 669 as a state agency for all claims arising 10 from the provision of free care by a health care provider 11 registered under the program who is providing services at 12 the hospital in accordance with the program, and also is 13 afforded protection for the provision of free care by a health 14 care provider who is covered by adequate medical malpractice 15 insurance if the hospital has registered with the department of 16 public health as required under the program. 17 -2- LSB 2044HH (2) 84 pf/nh 2/ 2