CH. 31. Volunteer Health Services Program.

CH. 31. Volunteer Health Services Program.
Short Title
Official Text	CH. 31. Volunteer Health Services Program.
Country/Jurisdiction	United States
State or Province	Wyoming
Regulatory Bodies
Date Enacted
Scope of the Law	Health
Information
Taxonomy	Decisional Interference, Disclosure
Strategies

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Text of the law

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) A medical facility and the department that authorizes the medical facility to deliver volunteer health care services to low income persons in consideration for being deemed a medical facility of the state under the Wyoming Governmental Claims Act when performing duties under the contract; or

(B) A health care provider and the department that authorizes the health care provider to deliver volunteer health care services to low income persons in consideration for being deemed a public employee of the state under the Wyoming Governmental Claims Act when performing duties under the contract.

(ii) "Department" means the department of health;

(iii) "Health care provider" means any person licensed, certified or otherwise authorized by the law of this state to diagnose, cure, treat or prevent impairments of the normal state of the mind and body, including but not limited to physicians, physician assistants, nurses, pharmacists, optometrists, dentists, psychiatrists, psychologists and social workers;

(iv) "Low income person" means a person with an income not greater than two hundred percent (200%) of the current poverty line as specified by the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2) and:

(A) The person is not a covered individual under a health insurance or health care policy, contract or plan; or

(B) The person is a covered individual under a health insurance or health care policy, contract or plan, but was denied coverage by the policy, contract or plan.

(v) "Medical facility" means:

(A) A hospital, clinic, office, nursing home, or other facility where a health care provider provides health care to patients; and

(B) Provided that neither the medical facility nor individual health care provider receives compensation from or on behalf of the patient, "medical facility" includes all individuals, regardless of whether the individual receives wages, salary or other fees or compensation from the medical facility, who:

(I) Are employed by or under contract with the medical facility to provide health care to patients; or

(II) Have been granted privileges by the medical facility to provide health care to patients.

(vi) "Patient" includes clients of health care providers or medical facilities as defined by paragraph (iii) or (v) of this subsection;

(vii) "Volunteer health care" means services intended to diagnose, cure, treat or prevent impairments of the normal state of the mind and body when the provider of those services does not charge or receive compensation for the services from, or on behalf of, the patient;

(viii) "This act" means W.S. 35-31-101 through 35-31-103.

35-31-102. Volunteer health services; application of claims act; exclusiveness of remedy; contract requirements.

(a) The department may execute contracts with health care providers and medical facilities to deliver volunteer health care services to low income persons as a deemed public employee or medical facility of the state.

(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 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).

(c) A medical facility while providing 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 medical facility of the state, but only for purposes of the applicability of the Wyoming Governmental Claims Act, including W.S. 1-39-109(b). The state of Wyoming shall have the duty to defend a medical facility alleged to have been negligent in the provision of volunteer health care pursuant to a contract under subsection (a) of this section provided the medical facility cooperates as described in W.S. 1-41-103(e)(iv).

(d) Volunteer health care providers and medical facilities shall determine patient eligibility using patient self attestation.

(e) The department, health care provider or medical facility retains the right to terminate the contract upon written notice of its intent to terminate the contract at least five (5) business days before the contract termination date unless the department determines that immediate termination is necessary to protect the safety of patients.

(f) A contract under this section shall contain provisions binding the parties to the requirements of subsections (b) through (e) of this section.

(g) The exclusive remedy for any injury or damage suffered as the result of any negligence of the health care provider or the medical facility, while acting within the scope of a contract under this act is an action against the state of Wyoming brought under the Wyoming Governmental Claims Act. Neither the patient nor any person claiming by or through the patient shall have any claim whatsoever against the health care provider or medical facility on account of health care provided to such patient within the scope of a contract under this act. ^{Decisional Interference}

35-31-103. Disclosure; continuing education credit; rulemaking.

(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 that informs the low income person of the following:

(i) The health care provider shall be considered a public employee of the state under the Wyoming Governmental Claims Act while providing volunteer health care under this act and that the provider's liability will be limited by the provisions of the Wyoming Governmental Claims Act;

(ii) The medical facility shall be considered a facility of the state and any individual included in the definition of medical facility in W.S. 35-31-101(a)(v) shall be considered a public employee of the state under the Wyoming Governmental Claims Act while providing volunteer health care under this act and that the facility's liability, including the liability of any individual included in the definition of medical facility, will be limited by the provisions of the Wyoming Governmental Claims Act;

(iii) Commencement of an action against the state of Wyoming pursuant to the Wyoming Governmental Claims Act shall be the exclusive remedy for any injury or damage suffered as the result of any negligence of the health care provider or the medical facility, as defined in W.S. 35-31-101(a)(v), while acting within the scope of a contract that exists between the department and the health care provider or medical facility. Neither patient nor any person claiming by or through the patient shall have any claim whatsoever against the health care provider or medical facility on account of health care provided to such patient within the scope of the contract;

(iv) The low income person may elect to decline treatment under the provisions of this act.

(b) Licensing boards may grant continuing education credit to health care providers for the performance of volunteer health care services to low income persons pursuant to this act.

(c) The department shall adopt rules necessary to implement this act. ^Disclosure

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