Print Friendly HOUSE BILL NO. 567, As Amended – Health care, charitable, liability
HOUSE BILL NO. 567, As Amended
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H0567aa..............................by JUDICIARY, RULES AND ADMINISTRATION
HEALTH CARE - CHARITABLE - Adds to existing law to provide immunity to
volunteer health care providers offering services through a free clinic
registered with the Department of Health and Welfare.
01/30 House intro - 1st rdg - to printing
02/02 Rpt prt - to Jud
03/06 Rpt out - to Gen Ord
03/10 Rpt out amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED 58-0-12
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Judd, Kellogg, Kendell, Kjellander, Kunz, Lake, Loertscher, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pomeroy, Reynolds,
Richman, Ridinger, Robison, Schaefer, Stevenson, Stoicheff, Stone,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Crane, Crow, Cuddy, Geddes, Kempton,
Linford, Mader, Pischner, Sali, Stubbs, Taylor
Floor Sponsor - Bieter
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Jud
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 32-2-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Absent and excused--Hawkins
Floor Sponsor - King
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 295
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 567, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO VOLUNTEER HEALTH CARE PROVIDER IMMUNITY; AMENDING TITLE 39, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 77, TITLE 39, IDAHO CODE, TO PRO-
4 VIDE A STATEMENT OF LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO PROVIDE
5 IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING CHARITABLE
6 MEDICAL CARE, TO PROVIDE REGISTRATION OF FREE MEDICAL CLINICS AND TO PRO-
7 VIDE FOR ALLOCATION OF COSTS AND FEES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
10 by the addition thereto of a NEW CHAPTER , to be known and desig-
11 nated as Chapter 77, Title 39, Idaho Code, and to read as follows:
12 CHAPTER 77
13 VOLUNTEER HEALTH CARE PROVIDER IMMUNITY
14 39-7701. LEGISLATIVE FINDINGS. The legislature of the state of Idaho
15 finds that access to high quality health care services is a concern of all
16 persons. However, access to such services is severely limited for some resi-
17 dents of the state, particularly those who reside in remote, rural areas or in
18 the urban areas. Physicians and other health care professionals have tradi-
19 tionally worked to assure broad access to health care services and many are
20 willing to volunteer their services to address the health care needs of
21 Idahoans who may otherwise not be able to obtain such services. The public
22 policy of this state is to encourage and facilitate voluntary provision of
23 health care services.
24 39-7702. DEFINITIONS. As used in this chapter:
25 (1) "Compensation" is any remuneration, whether by way of salary, fee or
26 otherwise, for health care services rendered. Compensation does not include
27 actual and necessary expenses that are incurred by a volunteer health care
28 provider in connection with the services provided or the duties performed by
29 the health care provider on behalf of a free clinic, and that are reimbursed
30 to the volunteer health care provider.
31 (2) "Free medical clinic" means a facility other than a hospital or
32 health care provider's office which is an organized community-based program,
33 registered with the department of health and welfare, at which primary medical
34 care is provided without charge to individuals unable to pay for it, and at
35 which the care provided does not include the use of general anesthesia or
36 require an overnight stay in a health care facility.
37 (3) "Health care provider" means any physician, dentist, optometrist,
38 physician assistant or nurse who is licensed, certified, registered or other-
39 wise authorized to practice in Idaho.
40 (4) "Voluntary provision of health care services" means providing profes-
41 sional services by a health care provider without compensation.
1 39-7703. IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING
2 CHARITABLE MEDICAL CARE. (1) Any health care provider who voluntarily provides
3 needed medical or health care services to any person at a free medical clinic
4 without compensation or the expectation of compensation due to the inability
5 of such person to pay for the services shall be immune from liability for any
6 civil action arising out of the provision of such medical or health services.
7 This section shall not extend immunity to the health care provider for any
8 acts constituting intentional, willful or grossly negligent conduct or to acts
9 by a health care provider which are outside the scope of practice authorized
10 by the provider's licensure, certification or registration.
11 (2) Immunity pursuant to subsection (1) of this section shall apply only
12 if the health care provider and the patient execute a written waiver in
13 advance of the rendering of such medical services specifying that such ser-
14 vices are provided without the expectation of compensation and that the health
15 care provider shall be immune as specified herein.
16 (3) Nothing in this section shall prohibit a free medical clinic from
17 accepting voluntary contributions for health care services provided to a
18 patient who has acknowledged his or her ability and willingness to pay a por-
19 tion of the value of the health care services provided. Any voluntary contri-
20 bution collected for providing care at a free medical clinic shall be used
21 only to pay overhead expenses of operating the clinic. No portion of any
22 moneys collected shall be used to provide compensation to any health care pro-
24 (4) If a health care provider is insured for liability for negligent acts
25 or omissions arising from providing health care services at a free clinic, the
26 immunity provided in subsection (1) of this section is waived, provided how-
27 ever, the amount recovered shall not exceed the limits of such applicable
28 insurance coverage.
29 39-7704. REGISTRATION OF FREE MEDICAL CLINICS -- REQUIREMENTS. (1) Before
30 providing volunteer health care services in this state, a free medical clinic
31 shall register with the department of health and welfare by submitting a reg-
32 istration fee of fifty dollars ($50.00) and filing a registration form that
33 shall contain:
34 (a) The name of the free clinic and sponsoring organization, if any;
35 (b) The name of the principal individual or individuals who are the offi-
36 cers or organizational officials responsible for the operation of the free
37 clinic or sponsoring organization, if any;
38 (c) The address, including street, city, zip code and county, of the free
40 (d) Telephone number;
41 (e) Such additional information as the department may require.
42 (2) Each free clinic shall maintain a list of health care providers asso-
43 ciated with its provision of voluntary health care services. For each such
44 health care provider, the free clinic shall maintain a copy of a current
45 license, certificate or registration and shall further require each health
46 care provider to attest in writing that such provider's license, certificate
47 or registration is not suspended or revoked pursuant to disciplinary proceed-
48 ings in any jurisdiction.
49 (3) The free clinic shall maintain such records for a period of at least
50 five (5) years following the provision of health care services and shall fur-
51 nish such records upon request to the department.
52 (4) Compliance with subsections (1) and (2) of this section shall be
53 prima facie evidence that the free clinic has exercised due care in its selec-
54 tion of health care providers and shall be immune from suit for negligent acts
1 or omissions as provided in subsection (1) of section 39-7703, Idaho Code.
2 (5) The department may revoke the registration of any free clinic who
3 fails to comply with the requirements of subsections (1) through (4) of this
4 section. Any such revocation shall be conducted in accordance with the admin-
5 istrative procedure act.
6 39-7705. COSTS AND FEES. Notwithstanding any other provision of law to
7 the contrary, if a party names as a defendant a health care provider who has
8 immunity pursuant to section 39-7703, Idaho Code, in a suit alleging willful
9 or intentional misconduct or gross negligence arising out of treatment at a
10 free clinic which qualifies for immunity pursuant to section 39-7703, Idaho
11 Code, and the trial judge dismisses the complaint or grants a defendant's
12 motion for judgment on the pleadings, or directs a verdict for a defendant, or
13 grants a defendant's motion for judgment notwithstanding the verdict, or at
14 any point in the proceedings grants a plaintiff's motion to discontinue the
15 action against the defendant, the defendant shall be entitled to full costs
16 and reasonable attorney's fees expended in connection with the defendant's
17 defense of the action. If good reason is shown, the trial judge may suspend
18 the operation of this section.
STATEMENT OF PURPOSE
This bill is intended to encourage the development of free medical clinics throughout Idaho by
providing immunity from liability for health care producers providing charitable medical care
within these free medical clinics.
CONTACT: Representative Pat Bieter
STATEMENT OF PURPOSE/FISCAL NOTE