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; appropriating money; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 214. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [214.40] [VOLUNTEER HEALTH CARE PROVIDER 
  1.11  PROGRAM.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.13  subdivision apply to this section.  
  1.14     (b) "Administrative services unit" means the administrative 
  1.15  services unit for the health-related licensing boards. 
  1.16     (c) "Charitable organization" means a charitable 
  1.17  organization within the meaning of section 501(c)(3) of the 
  1.18  Internal Revenue Code that has as a purpose the sponsorship or 
  1.19  support of programs designed to improve the quality, awareness, 
  1.20  and availability of health care services and that serves as a 
  1.21  funding mechanism for providing those services.  
  1.22     (d) "Health care facility or organization" means a health 
  1.23  care facility licensed under this chapter or chapter 144A, or a 
  1.24  charitable organization, that meets the requirements of 
  1.25  subdivision 3.  
  1.26     (e) "Health care provider" means a physician licensed under 
  1.27  chapter 147, physician assistant registered and practicing under 
  2.1   chapter 147A, nurse licensed and registered to practice under 
  2.2   chapter 148, or dentist or dental hygienist licensed under 
  2.3   chapter 150A.  
  2.4      (f) "Health care services" means health promotion, health 
  2.5   monitoring, health education, diagnosis, or treatment other than 
  2.6   the administration of anesthesia, surgical procedures except for 
  2.7   minor surgical procedures and the administration of local 
  2.8   anesthesia for the stitching of wounds, and primary dental 
  2.9   services, including preventive, diagnostic, restorative, or 
  2.10  emergency treatment. 
  2.11     Subd. 2.  [ESTABLISHMENT.] The administrative services unit 
  2.12  shall establish a volunteer health care provider program to 
  2.13  facilitate the provision of health care services provided by 
  2.14  volunteer health care providers through eligible health care 
  2.15  facilities and organizations.  
  2.16     Subd. 3.  [PARTICIPATION OF HEALTH CARE FACILITIES.] To 
  2.17  participate in the program established in subdivision 2, a 
  2.18  health care facility or organization must register with the 
  2.19  administrative services unit on forms provided by the 
  2.20  administrative services unit and must meet the following 
  2.21  requirements: 
  2.22     (1) be licensed to the extent required by law or 
  2.23  regulation; 
  2.24     (2) provide evidence that the provision of health care 
  2.25  services to the uninsured and underinsured is the primary 
  2.26  purpose of the facility or organization; 
  2.27     (3) certify that it maintains adequate general liability 
  2.28  and professional liability insurance for program staff other 
  2.29  than the volunteer health care provider or is properly and 
  2.30  adequately self-insured; 
  2.31     (4) agree to cooperate with the state in defense of the 
  2.32  health care provider providing services through it and agree not 
  2.33  to charge the state for its expenses, costs, and efforts in the 
  2.34  defense of a claim or suit; 
  2.35     (5) agree that only the health care provider is afforded 
  2.36  protection under section 3.736, and the state assumes no 
  3.1   obligation to the facility or organization, its employees, 
  3.2   officers, or agents; 
  3.3      (6) agree to report annually to the administrative services 
  3.4   unit the number of volunteers, number of volunteer hours 
  3.5   provided, number of patients seen by volunteer providers, and 
  3.6   types of services provided; and 
  3.7      (7) agree to pay to the administrative services unit an 
  3.8   annual participation fee of $50.  All fees collected are 
  3.9   deposited into the state government special revenue fund and are 
  3.10  appropriated to the administrative services unit. 
  3.11     Subd. 4.  [HEALTH CARE PROVIDER REGISTRATION.] (a) To be 
  3.12  eligible for protection as an employee of the state for a claim 
  3.13  arising from the provision of unpaid health care services 
  3.14  through the program established in subdivision 2, a health care 
  3.15  provider must register with the administrative services unit.  
  3.16  Registration may be approved if the provider has submitted a 
  3.17  certified statement on forms provided by the administrative 
  3.18  services unit attesting that the health care provider agrees to: 
  3.19     (1) cooperate fully with the state in the defense of any 
  3.20  claim or suit relating to participation in the volunteer health 
  3.21  care provider program, including attending hearings, 
  3.22  depositions, and trials and assisting in securing and giving 
  3.23  evidence, responding to discovery, and obtaining the attendance 
  3.24  of witnesses; 
  3.25     (2) receive no direct monetary compensation of any kind for 
  3.26  services provided in the program; 
  3.27     (3) submit a sworn statement attesting that the license to 
  3.28  practice is free of restrictions.  The statement shall describe: 
  3.29     (i) any disciplinary action taken against the health care 
  3.30  provider by a professional licensing authority or health care 
  3.31  facility, including any voluntary surrender of license or other 
  3.32  agreement involving the health care provider's license to 
  3.33  practice or any restrictions on practice, suspension of 
  3.34  privileges, or other sanctions; and 
  3.35     (ii) any malpractice suits filed against the health care 
  3.36  provider and the outcome of any suits filed; 
  4.1      (4) submit any additional materials requested by the 
  4.2   commissioner; 
  4.3      (5) identify the eligible program through which the health 
  4.4   services will be provided and identify the health care 
  4.5   facilities at which the health services will be provided; and 
  4.6      (6) the provider has no professional liability insurance, 
  4.7   either personally or through another facility or employer, that 
  4.8   covers the provision of health care services by the provider at 
  4.9   the eligible health care facility or organization. 
  4.10     (b) Registration expires two years from the date the 
  4.11  registration was approved.  A health care provider may apply for 
  4.12  renewal by filing with the administrative services unit a 
  4.13  renewal application at least 60 days prior to the expiration of 
  4.14  the registration. 
  4.15     Subd. 5.  [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The 
  4.16  administrative services unit may suspend, revoke, or condition 
  4.17  the eligibility of a health care provider for cause, including, 
  4.18  but not limited to:  the failure to comply with the agreement 
  4.19  with the commissioner; and the imposition of disciplinary action 
  4.20  by the licensing board that regulates the health care provider. 
  4.21     Subd. 6.  [BOARD NOTICE OF DISCIPLINARY ACTION.] The 
  4.22  applicable health-related licensing board shall immediately 
  4.23  notify the administrative services unit of the initiation of a 
  4.24  contested case against a registered health care provider or the 
  4.25  imposition of disciplinary action, including copies of any 
  4.26  contested case decision or settlement agreement with the health 
  4.27  care provider.  
  4.28     Subd. 7.  [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A 
  4.29  health care provider who provides health care services under the 
  4.30  volunteer health care provider program under this section is an 
  4.31  employee of the state for purposes of section 3.736 while 
  4.32  providing those services, provided that:  
  4.33     (1) the provider registered with the administrative 
  4.34  services unit in accordance with subdivision 4; 
  4.35     (2) the health care services were provided through an 
  4.36  eligible health care facility or organization; 
  5.1      (3) the services were provided without compensation to the 
  5.2   provider; and 
  5.3      (4) the services were otherwise provided in compliance with 
  5.4   this section. 
  5.5      Subd. 8.  [EXPIRATION.] This section expires on June 30, 
  5.6   2007. 
  5.7      Sec. 2.  [APPROPRIATION.] 
  5.8      $50,000 is appropriated from the state government special 
  5.9   revenue fund to the administrative services unit to pay for 
  5.10  legal costs incurred by the attorney general in defending 
  5.11  against any civil action brought against a health care provider 
  5.12  relating to the provider's participation in the volunteer health 
  5.13  care provider program under Minnesota Statutes, section 214.40.  
  5.14  This appropriation is available until expended.  If any of this 
  5.15  appropriation is expended for this purpose, the health licensing 
  5.16  board with regulatory authority over the provider who was the 
  5.17  subject of the claim or suit may adjust the fees the board is 
  5.18  empowered to assess.  Any fee adjustment must be an amount 
  5.19  sufficient to compensate the fund for the amount paid out.  The 
  5.20  board of medical practice may compensate the fund for the amount 
  5.21  paid out by using money provided for in the board's partner 
  5.22  agency agreement with the attorney general.  A board is not 
  5.23  liable for payment of any awards or settlements resulting from a 
  5.24  civil action brought against a health care provider relating to 
  5.25  the provider's participation in the volunteer health care 
  5.26  provider program under Minnesota Statutes, section 214.40.