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; proposing coding for new law 
  1.7             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) "Health care facility or organization" means a health 
  1.20  care facility licensed under this chapter or chapter 144A, or a 
  1.21  charitable organization, that meets the requirements of 
  1.22  subdivision 3.  
  1.23     (d) "Health care provider" means a physician licensed under 
  1.24  chapter 147, physician assistant registered and practicing under 
  1.25  chapter 147A, nurse licensed and registered to practice under 
  1.26  chapter 148, or dentist or dental hygienist licensed under 
  2.1   chapter 150A.  
  2.2      (e) "Health care services" means health prevention, health 
  2.3   monitoring, health education, diagnosis, or treatment other than 
  2.4   the administration of anesthesia, surgical procedures except for 
  2.5   minor surgical procedures and the administration of local 
  2.6   anesthesia for the stitching of wounds, and primary dental 
  2.7   services, including preventive, diagnostic, restorative, or 
  2.8   emergency treatment. 
  2.9      Subd. 2.  [ESTABLISHMENT.] The commissioner shall establish 
  2.10  a volunteer health care provider program within the department 
  2.11  for the purpose of facilitating the provision of health care 
  2.12  services provided by volunteer health care providers through 
  2.13  eligible health care facilities and organizations.  
  2.14     Subd. 3.  [PARTICIPATION OF HEALTH CARE FACILITIES.] To 
  2.15  participate in the program established in subdivision 2, a 
  2.16  health care facility or organization must: 
  2.17     (1) be licensed to the extent required by law or 
  2.18  regulation; 
  2.19     (2) register with the commissioner and demonstrate that the 
  2.20  sponsorship or conduct of primary care or dental health care 
  2.21  services to the uninsured or underinsured is central to the 
  2.22  purpose and operation of the facility or organization; 
  2.23     (3) certify that it maintains adequate general liability 
  2.24  and professional liability insurance for program staff other 
  2.25  than the volunteer health care provider or is properly and 
  2.26  adequately self-insured; 
  2.27     (4) agree to cooperate with the state in defense of the 
  2.28  health care provider providing services through it and shall not 
  2.29  charge the state for its expenses, costs, and efforts in the 
  2.30  defense of a claim or suit; 
  2.31     (5) agree that only the health care provider is afforded 
  2.32  protection under section 3.736, and the state assumes no 
  2.33  obligation to the facility or organization, its employees, 
  2.34  officers, or agents; and 
  2.35     (6) agree to report annually to the commissioner the number 
  2.36  of volunteers, number of volunteer hours provided, number of 
  3.1   patients seen by volunteer providers, and types of services 
  3.2   provided. 
  3.3      Subd. 4.  [HEALTH CARE PROVIDER REGISTRATION.] To be 
  3.4   eligible for protection as an employee of the state for a claim 
  3.5   arising from the provision of unpaid health care services 
  3.6   through the program established in subdivision 2, a health care 
  3.7   provider must register with the commissioner.  Registration 
  3.8   shall be approved if the provider has submitted a certified 
  3.9   statement on forms provided by the department attesting that the 
  3.10  health care provider agrees to: 
  3.11     (1) cooperate fully with the state in the defense of any 
  3.12  claim or suit relating to participation in the volunteer health 
  3.13  care provider program, including attending hearings, 
  3.14  depositions, and trials and assisting in securing and giving 
  3.15  evidence, responding to discovery, and obtaining the attendance 
  3.16  of witnesses; 
  3.17     (2) receive no direct monetary compensation of any kind for 
  3.18  services provided in the program; 
  3.19     (3) submit a sworn statement attesting that the license to 
  3.20  practice is free of restrictions.  The statement shall describe 
  3.21  any disciplinary action which has ever been initiated against 
  3.22  the health care provider by a professional licensing authority 
  3.23  or health care facility, including any voluntary surrender of 
  3.24  license or other agreement involving the health care provider's 
  3.25  license to practice or any restrictions on practice, suspension 
  3.26  of privileges, or other sanctions.  The statement shall also 
  3.27  describe any malpractice suits which have been filed against the 
  3.28  health care provider and state whether any complaints involving 
  3.29  professional competence have been filed against the health care 
  3.30  provider with any licensing authority or health care facility; 
  3.31     (4) submit any additional materials requested by the 
  3.32  commissioner; and 
  3.33     (5) identify the eligible program through which the health 
  3.34  services will be provided and identify the sites at which the 
  3.35  free health services will be provided. 
  3.36     Subd. 5.  [DURATION AND RENEWAL.] The certification of 
  4.1   eligibility and agreement with the commissioner shall expire two 
  4.2   years from the date of certification by the applicable state 
  4.3   licensing board.  Health care providers may apply for renewal by 
  4.4   filing an application at least 60 days prior to expiration of 
  4.5   the agreement.  
  4.6      Subd. 6.  [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The 
  4.7   commissioner may suspend, revoke, or condition the eligibility 
  4.8   of a health care provider for cause, including, but not limited 
  4.9   to:  the failure to comply with the agreement with the 
  4.10  commissioner; and the imposition of disciplinary action by the 
  4.11  licensing board that regulates the health care provider. 
  4.12     Subd. 7.  [BOARD NOTICE OF DISCIPLINARY ACTION.] The 
  4.13  applicable state licensing board shall immediately notify the 
  4.14  commissioner of the initiation of a contested case against a 
  4.15  registered health care provider or the imposition of 
  4.16  disciplinary action, including copies of any contested case 
  4.17  decision or settlement agreement with the health care provider.  
  4.18     Subd. 8.  [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A 
  4.19  health care provider who provides health care services under the 
  4.20  volunteer health care provider program under this section is an 
  4.21  employee of the state for purposes of section 3.736 while acting 
  4.22  in the provision of those services, provided that:  
  4.23     (1) the provider registered with the commissioner in 
  4.24  accordance with subdivision 4; 
  4.25     (2) the health care services were provided through an 
  4.26  eligible health care facility or organization; 
  4.27     (3) the services were provided without compensation to the 
  4.28  provider; and 
  4.29     (4) the services were otherwise provided in compliance with 
  4.30  this section.