HF 2953

1st Engrossment - 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; 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) "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.] The commissioner shall establish 
  2.4   a volunteer health care provider program within the department 
  2.5   for the purpose of facilitating the provision of health care 
  2.6   services provided by volunteer health care providers through 
  2.7   eligible health care facilities and organizations.  
  2.8      Subd. 3.  [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A 
  2.9   health care provider who provides health care services under the 
  2.10  volunteer health care provider program under this section is an 
  2.11  employee of the state for purposes of section 3.736 while acting 
  2.12  in the provision of those services, provided that:  
  2.13     (1) the provider registered with the commissioner under 
  2.14  this section; 
  2.15     (2) the health care services were provided through an 
  2.16  eligible health care facility or organization; 
  2.17     (3) the services were provided without compensation to the 
  2.18  provider; and 
  2.19     (4) the services were otherwise provided in compliance with 
  2.20  this section and the rules adopted by the commissioner.