Volunteer health care.

2017
STATE OF WYOMING
17LSO-0281
Introduced
1.2

HOUSE BILL

NO.

HB0072

Volunteer health care.

Sponsored by:
Representative(s) Laursen, Blake and Lindholm and Senator(s) Baldwin and Boner

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 under 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
‑
31
‑
101 through 35
‑
31
‑
103
are
created to read:

CHAPTER 31
VOLUNTEER HEALTH SERVICES PROGRAM

35
‑
31
‑
101
.

Definitions
.

(a)

As used in this
act
:

(i)

"Contract" means an agreement executed in compliance with this
act
between a health care provider and the department
authorizing
the health care provider to deliver
volunteer
health care services to low income
persons
as an agent of the state;

(ii)

"Department" means the department of health;

(ii
i
)

"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
whose primary purpose
is to deliver human medical services or treatment;

(iv
)

"Low income person" means any of the following:

(A)

A low income uninsured person as defined in W.S.
1
‑
1
‑
129(
a)(ii)
;

(B)

A person eligible for Medicaid under state law.

(v)

"Medical professional" means a person licensed under title 33
of the Wyoming statutes
to provide medical or dental diagnosis, care or treatment;

(v
i
)

"This act" means W.S. 35
‑
31
‑
101 through 35
‑
31
‑
103.

35
‑
31
‑
102
.

Contract conditions for volunteer health services.

(a)

The department may
execute
contracts with health care providers or medical professionals to deliver
volunteer
health care services as an agent of the state. A contract shall provide
as follows
:

(i)

The health care provider that delivers volunteer health care services to 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
act
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 who delivers volunteer health care services to low income persons
shall be considered employees
of the state 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
act
and regardless of whether a low income person who is treated is later found to be ineligible;

(iii)

T
he health care provider
and
the
medical professional under
contract with the department shall

be
immune from liability
in any action arising out of
volunteer health care services
provided und
er the terms of the contract;

(
i
v)

If a
low income
person treated b
y the health care provider or
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
volunteer health care services
provided to the person

under the terms of the contract
before a determination of ineligibility;

(v)

Only volunteer health care services delivered by the health care provider or medical professional to low income persons eligible to receive those services are covered under the contract.

(b)

The department
may
terminate the contract with the health care provider or medical professional for good cause
if
the department provide
s
the hea
lth care provider or
medical professional with written notice of its intent to terminate the contract
,
and
the
reasons for that decision
,
at least five (5) business days before
the contract termination date.

(c
)

The health care provider or m
edical professional shall submit
to the department adverse incidents and information on treatment outcomes if 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
who
is
subject to disciplinary action.

(d
)

All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes
submitted to
the department or licensing bodies
pursuant to

subsection (c)
of this section
are co
nfidential.

(e
)

Patient selection and initial referral shall be made by the department, health care p
rovider or medical professional.

(
f
)

If emergency care is required, the patient need not be referred before receiving treatment, but
shall
be referred
not later than
forty
‑
eight (48) hours

after treatment
begins
or after the patient has the mental capacity to c
onsent to treatment, whichever is
later.

(g
)

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

35
‑
3
1
‑
103
.

Disclosure; quality assurance; continuing education credit; reporting.

(a)

Before a low income person receives volunteer health care services pursuant to this act, he

or
his
legal representative shall sign a
disclosure statement
informing the
low income person
of the following:

(i)

T
he health care provider shall be considered
a governmental entity under the Wyoming Governmental Claims Act
;

(ii)

T
he medical professional and any employee of the medical professional or the health care provider
shall be considered
public employees under the Wyoming Governmental Claims Act
;

(iii)

Commencement of an action pursuant to the Wyoming Governmental Claims Act
shall be
t
he exclusive remedy for
any
injury or damage suffered as the result of an act or omission of the health care provider, medical professional or any employee thereof acting within the scope of duties
under the
contract.

(b)

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

(c)

Licensing boards may grant continuing education credit to
medical
professionals for the performance of volunteer
health care
services to low income persons
pursuant to
this
act
.

(d)

The department shall adopt rules necessary to implement this
act
.

(e)

The department shall
submit a
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
volunteer
health care services
provided

to
low income persons pursuant to this
act
. The report sha
ll include a list
of all health care providers and medical professionals providing volunteer health care services to low income persons
pursuant to
this
act
and shall include the number of hours volunteered, the number of patient visits and the value
of health care
relate
d 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
or
any
health care provider
delivering
volunteer
health care services
as an agent of the state to low income persons
pursuant to W.S. 35
‑
3
1
‑
101 through 35
‑
3
1
‑
103
;

(iv)

"Public employee":

(G)

Includes any medical professional
and any employee of a medical professional or health care provider
deliver
ing
volunteer
health care services
as an agent of the state
to low income persons
pursuant to
W.S. 35
‑
3
1
‑
101 through 35
‑
3
1
‑
103.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0072