HOUSE FILE 601

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HF 203)

A BILL FOR

An Act relating to indemnification of hospitals participating in the volunteer health care provider program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 135.24, subsection 2, paragraphs b and c, Code 2011, are amended to read as follows:
   b.  Procedures for registration of hospitals, free clinics, field dental clinics, and specialty health care provider offices.
   c.  Criteria for and identification of hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or other health care facilities, health care referral programs, or charitable organizations, eligible to participate in the provision of free medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emergency medical care services through the volunteer health care provider program. A hospital, a clinic, a free clinic, a field dental clinic, a specialty health care provider office, a health care facility, a health care referral program, a charitable organization, or a health care provider participating in the program shall not bill or charge a patient for any health care provider service provided under the volunteer health care provider program.
   Sec. 2.  Section 135.24, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  A hospital providing free care under this section shall be considered a state agency solely for the purposes of this section and chapter 669 and shall be afforded protection under chapter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the hospital in accordance with this section, if the hospital has registered with the department pursuant to subsection 1.
   Sec. 3.  Section 135.24, subsection 7, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  “Hospital” means hospital as defined in section 135B.1.
EXPLANATION
   This bill relates to hospitals under the volunteer health care provider program. The bill provides that a hospital providing free care under the program is considered a state agency solely for the purposes of the program and Code chapter 669 (state tort claims Act) and is to be afforded protection under Code chapter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under the program who is providing services at the hospital in accordance with the program if the hospital has registered with the department of public health as required under the program.