Volunteer health care.

2016
State of Wyoming
16LSO-0239
Introduced
1.2

SENATE FILE

NO.
SF0104

Volunteer health care.

Sponsored by:
Senator(s) Christensen, Anderson, Barnard, Boner, Emerich, Geis, Kinskey, Meier, Peterson and Von Flatern and Representative(s) Allen, Baker, Baldwin, Barlow, Berger, Blake, Clem, Edwards, Halverson, Kasperik, Kinner, Kroeker, Krone, Laursen, Lindholm, McKim, Miller, Petroff, Pownall, Steinmetz, Stubson, Wilson and Zwonitzer, Dn.

A BILL

for

AN ACT relating to public health and safety; authorizing the department of health to contract for volunteer health care services; providing immunity to medical professionals and health care providers who provide volunteer health care under contract as agents of the state; authorizing licensing boards to provide continuing education credit as specified; amending definitions for the Wyoming Governmental Claims Act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
30
‑
101
through
35
‑
30
‑
10
3

are
created to read:

CHAPTER 3
0
VOLUNTEER HEALTH SERVICES PROGRAM

35
‑
30
‑
101
.

D
efinitions.

(a)

As used in this
chapter
:

(i)

"Cont
r
act
" means an agreement executed in compliance with this section between a health care provider and the department which authorizes the health care provider to deliver health care services to low

income reci
pients as an agent of the state;

(ii)

"Health care provider" means any ambulatory surgical center, birthing center, hospital, medical assistance facility, nursing care facility
,

an office maintained by a medical professional
or any other medical facility the primary purpose of which is to deliver human medical
services o
r
treatment
;

(i
i
i)

"Low

income person" means:

(A)

A low

income uninsured person as defined in W.S. 33
‑
15
‑
131(
a)(i);

or

(B)

A person eligible for Medicaid under state law.

(iv
)

"Medical professional"
means a person licensed under title 33
to
provide
medical or
dental
diagnos
is, care or treatment;

(v)

"This act" means W.S. 35
‑
30
‑
101 through
35
‑
30
‑
103.

35
‑
30
‑
102
.

C
ontract conditions
for volunteer health services
.

(
a
)

The
department
may enter into contracts with
health care providers
or medical professionals
to deliver health
care services as an agent of the
state. A contract
s
hall
provide
:

(i)

T
he health care provider
that delivers volunteer health care services to eligible low

income persons shall be considered a governmental entity for purposes of the Wyoming Governmental Claims Act
while acting within the scope of duties under the contract so long as the contract
complies with the requirements of this section and regardless of whether a low

income person who is treated is later found to be ineligible
;

(ii)

The medical
professional
and any employee of a
medical professional or
health care provider that delivers volunteer health care services to eligible low

income persons
shall be considered an
employee of

the
state for purposes of
the Wyoming Governmental Claims Act w
hile acting within the scope of duties under the contract
provided the
contract
complies
with the
requirements of
this sectio
n and regardless of whether a low

income person who is
treated
is later found to be ineligible
;

(i
i
i)

T
he health care provider
and
the
medical professional

under contract with the department may not be named as a defendant in any action arising
out

o
f medical care or treatment provided under the terms of the contract
;

(iv)

O
nly
volunteer health care services delivered by the health care provider or medical professional to low

income
persons
eligible to receive such services
are covered under the contract
;

(v)

I
n the event a
person
treated by the health care provider
or a
medical professional

under the contract is later found to be ineligible, the health care provider
or medical professional shall
be immune
from liability in any action arising out of medical care or treatment provided to the individual prior to a
determination of ineligibility
;

(vi
)

The department shall reserve
the right to terminate the contract wi
th the health care provider or
medi
c
al profe
ssional for
good cause provided the department s
hall provide the health care provider or individual medical professional with written notice of its intent to terminate the contract, and reasons for such decision, at least five (5) business days
prior to
the contract termination date;

(
vi
i
)

Adverse incidents and information on treatment outcomes
shall
be reported by
the
health care provider or medical professional to the
d
epartment
i
f the incidents and information pertain to a
low

income person
treated under the contract. If the incident involves a licensed professional or facility, the incident report
shall
also be submitted to the appropriate licensing body, which shall review the incident to determine whether it involves conduct by the licensee that is subject to disciplinary action. All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes which are obtained by
the department
or licensing bodies under t
his paragraph are confidential;

(
viii
)

Patient selection and initial referral
shall
be made by the
department,
health care pr
ovider or medical professional;

(ix
)

If emergency care is required
,
the patient need not be referred before receiving treatment, but must be referred within
forty
‑
eight
(
48
)
hours after treatment is commenced or within
forty
‑
eight

(
48
)
hours after the
patient has the mental capacity to consent to tre
atment, whichever occurs later;

(x
)

The health care provider or medical professional is subject to supervision and regular inspection by the
department
.

35
‑
30
‑
103
.

Disclosure; q
uality assurance;
continuing education credit; reporting.

(a
)

A disclosure statement shall
be signed in advance by any
low

income person
or
the
person's legal representative who is provided care pursuant to this
chapter
. The disclosure statement shall inform the low

income person

that
th
e health care provider
is a
governmental
entity

under
the Wyoming Governmental Claims Act and the
medical professional
and any employee of the
medical professional or the
health care provider are public employees under the Wyoming Governmental Claims Act

and
the
exclusive remedy for injury or damage suffered as the result of any act or omission of the
health care
provider, medical professional
,

or any employee thereof,
acting within the scope of duties pursuant to the contract is by
commencement of an action pursuant to
the Wyoming Governmental Claims Act
.

(b
)

The department shall establish a quality assurance program to monitor the services delivered under any contr
act entered into pursuant to this
chapter
.

(
c
)

Licensing boards may grant
continuing education credit
to health care professionals for
the performance of volunteer services to eligible low income persons as provided in this
chapter
.

(
d
)

The department shall adopt rules
necessary to implement this
chapter
.

(e
)

The department shall report to the joint labor, health and social services interim committee and the governor not later than July 1 of each year. The report shall summarize the efficacy of access and treatment outcomes with respect to providing health care services for low

income
persons
pursuant to this
chapter
. The report shall also include a listing of all health care providers and medical professionals providing volunteer health care
services to low

income
persons
under this
chapter
and shall include the number of hours volunteered, the number of patient visits and the value of health care related goods and services provided.

Section 2
.

W.S. 1
‑
39
‑
103(
a)(i) and (iv)
by creating a new subparagraph (G)

is
amended to read:

1
‑
39
‑
103
.

Definitions.

(a)

As used in this act:

(i)

"Governmental entity" means the state, University of Wyoming
,

or

any local government

and any health
care provider
under contract with the department of health to deliver health care services as an agent of the state pursuant to W.S. 35
‑
30
‑
101
through 35
‑
30
‑
103
;

(iv)

"Public employee":

(G)

Includes any medical professional providing health care services to low

income
persons
under W.S. 35
‑
30
‑
101
through 35
‑
30
‑
103
and any e
mployee of a

health care provide
r
or a medical professional
under contract with the department of health
to deliver health care services as an agent of the
state
pursuant to W.S. 35
‑
30
‑
101
through 35
‑
30
‑
103
.

Section
3
.

This act is effective July 1, 2016
.

(END)

1
SF0104