Liability for governmental healthcare providers-amendment.

Plain English Breakdown

The candidate explanation included details about negligence that were not directly addressed in the official summary or bill text.

Changes to Healthcare Provider Liability

This law changes how government healthcare providers in Wyoming are held responsible for medical mistakes, and it requires the state to defend volunteer healthcare workers accused of such errors.

What This Bill Does

• Amends the liability standard under the Wyoming Governmental Claims Act for health care providers employed by the state from negligence to medical malpractice.
• Requires the state to defend volunteer healthcare providers who are alleged to have committed medical malpractice while working on behalf of the state.

Who It Names or Affects

• Government healthcare providers employed by the state, including those providing services for state institutions and county jails.
• Volunteer healthcare workers providing services under contracts with the state.

Terms To Know

Medical Malpractice

When a doctor or other healthcare provider makes a serious mistake that causes harm to a patient.

Limits and Unknowns

• The changes only apply to cases that happen on or after July 1, 2022.
• It does not cover healthcare providers who are not employed by the state or volunteering under a contract with the state.

Official Summary Text

Bill Summary - 22LSO-0190
Bill No.:

SF0029

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0190

Enrolled Act No.:

SEA No. 0004

Chapter No.:

6

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Liability for governmental healthcare providers-amendment.

Subject:

Amends the liability standard of health care providers employed by the state.

Summary/Major Elements:

This act would amend the liability standard under the Wyoming Governmental Claims Act for health care providers who are acting within the scope of their duties and while employed by a state institution. The standard is changed from a negligence standard to a medical malpractice standard.
This act would also require the state of Wyoming to defend volunteer health care providers working on behalf of the state who are alleged to have been negligent or to have committed medical malpractice.

Comments:

The provisions of this act apply to causes of action that accrue on or after July 1, 2022.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

22LSO-0190

ORIGINAL Senate

File No
.
SF0029

ENROLLED ACT NO. 4,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to the Wyoming Governmental Claims Act; amending liability for government healthcare providers to cover only medical malpractice; making conforming amendments; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 1
‑
39
‑
110(a) and 35
‑
31
‑
102(b) are amended to read:

1
‑
39
‑
110.

Liability; health care providers.

(a)

A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the
negligence
medical malpractice
of health care providers who are employees of the governmental entity, including contract physicians, physician assistants, nurses, optometrists and dentists who are providing a service for state institutions or county jails, while acting within the scope of their duties.

35
‑
31
‑
102.

Volunteer health services; application of claims act; exclusiveness of remedy; contract requirements.

(b)

A health care provider who delivers volunteer health care services to a low income person pursuant to a contract that complies with the requirements of this act, and regardless of whether the low income person who is treated is later found to be ineligible, shall be considered a public employee of the state while acting within the scope of duties under the contract, but only for the purposes of the applicability of the Wyoming Governmental Claims Act, including W.S. 1
‑
39
‑
110. The state of Wyoming shall have the duty to defend a health care
provider alleged to have been negligent
or alleged to have committed medical malpractice
in the provision of volunteer health care pursuant to a contract under subsection (a) of this section provided the health care provider cooperates as described in W.S. 1
‑
41
‑
103(e)(iv).

Section 2
.

The provisions of this act shall apply to all causes of action that accrue on or after July 1, 2022.

Section 3
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1