09
Senate
Bill 133
By:
Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams
of the 19th, Hooks of the 14th and others
AS PASSED SENATE
AS PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia
Annotated, relating to the "'Health Share' Volunteers in Medicine Act," so as to
provide for certain compensation that may be received by a health care provider
for purposes of sovereign immunity protection; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating
to the "'Health Share' Volunteers in Medicine Act," is amended in Code Section
31-8-192, relating to definitions, by revising paragraph (1) as
follows:
"(1)
'Contract' means an agreement executed in compliance with this article between a
health care provider and a governmental contractor. This contract shall allow
the health care provider to deliver health care services to low-income
recipients as an agent of the governmental contractor. The contract must be for
volunteer, uncompensated services. Payments made to a health care provider from
the Indigent Care Trust Fund shall not constitute compensation under this
article.
Payments made
to the following health care providers delivering health care services pursuant
to a contract under this article in a safety net clinic shall not constitute
compensation under this article if such health care provider or the safety net
clinic does not receive compensation from any public or private third-party
payor, including medicare, Medicaid, and private insurers, for the specific
services provided to the low-income recipients covered by the
contract:
(A)
A registered nurse or licensed practical nurse employed by a safety net clinic
if such nurse's total compensation package, including all cash and noncash
remunerations, does not fluctuate in relation to the number of patients served,
patient visits, or treatments or any other factor relating to the number of
patient contacts or services rendered; or
(B)
A licensed physician or medical resident who is on staff at a local or regional
hospital which provides such physician or resident to the safety net clinic for
purposes of providing health care services during extended hours or on week-ends
pursuant to a contract under this article; provided, however, that the physician
or resident does not receive any compensation from the safety net
clinic."
SECTION
2.
Said
article is further amended in Code Section 31-8-192, relating to definitions, by
adding a new subsection to read as follows:
"(9.1)
'Safety net clinic' means a health care clinic which provides primary care
outpatient services only, such as chronic disease management, vaccinations, and
dental care, and which does not provide care or services which are considered to
be primarily emergency care and services but which provides an alternative to
emergency room visits for low-income patients for nonemergency medical services
and which meets requirements established by the department; provided, however,
that this term shall not include federally qualified health centers as defined
in Section 1395x(aa)(4) of Title 42 of the United States Code
Annotated."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.