HF 2953

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for the establishment of 
  1.3             a volunteer health care provider program; specifying 
  1.4             that health care providers providing volunteer 
  1.5             services under the program are state employees for 
  1.6             purposes of tort claims; requiring rules; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [144.751] [VOLUNTEER HEALTH CARE PROVIDER 
  1.10  PROGRAM.] 
  1.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.12  subdivision apply to this section.  
  1.13     (b) "Charitable organization" means a charitable 
  1.14  organization within the meaning of section 501(c)(3) of the 
  1.15  Internal Revenue Code that has as a purpose the sponsorship or 
  1.16  support of programs designed to improve the quality, awareness, 
  1.17  and availability of health care services and that serves as a 
  1.18  funding mechanism for providing those services.  
  1.19     (c) "Eligible health care facility or organization" means a 
  1.20  health care facility licensed under this chapter or chapter 
  1.21  144A, or a charitable organization, that is determined by the 
  1.22  commissioner to be eligible for the provision of volunteer 
  1.23  health care services under this section.  
  1.24     (d) "Health care provider" means a physician licensed under 
  1.25  chapter 147, physician assistant registered and practicing under 
  1.26  chapter 147A, nurse licensed and registered to practice under 
  2.1   chapter 148, or dentist or dental hygienist licensed under 
  2.2   chapter 150A.  
  2.3      Subd. 2.  [ESTABLISHMENT; RULES.] The commissioner shall 
  2.4   establish a voluntary health care provider program within the 
  2.5   department for the purpose of facilitating the provision of free 
  2.6   health care services provided by health care providers through 
  2.7   eligible health care facilities and organizations.  The 
  2.8   commissioner shall adopt rules necessary for implementation of 
  2.9   the program, which must include:  
  2.10     (1) criteria for identification of health care facilities 
  2.11  and charitable organizations eligible to participate in the 
  2.12  provision of free health care services under the program; and 
  2.13     (2) procedures for registration of health care providers 
  2.14  who are eligible to participate in the program.  
  2.15     Subd. 3.  [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A 
  2.16  health care provider who provides free health care services 
  2.17  under the volunteer health care provider program under this 
  2.18  section is an employee of the state for purposes of section 
  2.19  3.736 while acting in the provision of those services, provided 
  2.20  that:  
  2.21     (1) the provider registered with the commissioner under 
  2.22  this section; 
  2.23     (2) the health care services were provided through an 
  2.24  eligible health care facility or organization; and 
  2.25     (3) the services were otherwise provided in compliance with 
  2.26  this section and the rules adopted by the commissioner.