20-8-804. Volunteer Healthcare Program.

20-8-804. Volunteer Healthcare Program. (a)(1) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients. (2) A healthcare provider or medical professional that enters into a contract as described in subdivision (a)(1) of this section shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this subchapter. (3) A governmental contractor that is also a healthcare provider is not required to enter into a contract under this subchapter with respect to the healthcare services delivered by employees of the governmental contractor. (b) The contract shall: (1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services; (2) Include all employees of the healthcare provider; and (3) State that: (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract; (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided; (C) The department or the governmental contractor has the right to: (i) Dismiss or terminate any healthcare provider or medical professional employed under the contract; and (ii)(a) Terminate the contact with a healthcare provider or medical professional with appropriate cause. (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract; (D)(i) The healthcare provider or medical professional shall report any adverse incidents and information on treatment outcomes to the department or governmental contractor if pertaining to a patient treated under the contract. (ii) The healthcare provider or medical professional shall also report the adverse incident to the appropriate licensing body to determine whether the adverse incident involves conduct subject to disciplinary action. (iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (E) The department, governmental contractor, healthcare provider, or medical provider may make patient selection and initial referrals; and (F) If emergency care is required, the patient shall be referred within forty-eight (48) hours after the latter of the time when treatment commences or the patient has the mental capacity to consent to treatments. (c) Annually, the healthcare provider or medical professional shall report the following information to the department: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending and claims paid; (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals by the healthcare provider or medical professional working under the Volunteer Healthcare Program; (4) The operation hours of the healthcare provider or medical professional; (5) The number of patient visits by the healthcare provider or medical professional working under the Volunteer Healthcare Program; and (6) The value of healthcare-related goods and services provided by the healthcare provider or medical professional working under the Volunteer Healthcare Program.