09 LC
33 3236S
The House Committee on Health and Human Services offers the following substitute
to SB 133:
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
revise a definition; to provide for sovereign immunity protection for certain
health care professionals in safety net clinics who participate in the Health
Share Program; to provide for statutory construction; 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 subparagraph (R) of paragraph (5)
as follows:
"(R)
Any
A safety net
clinic, which includes any other medical
facility the primary purpose of which is to deliver human
dental
or medical diagnostic services or which
delivers nonsurgical human medical treatment and which includes an office
maintained by a provider;"
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"31-8-195.1.
(a)
A registered professional nurse, nurse midwife, licensed practical nurse, or
advanced practice registered nurse licensed or registered under Chapter 26 of
Title 43 who is employed by a safety net clinic that executes a contract with a
governmental contractor pursuant to this article shall be considered a state
officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while
providing health care services pursuant to such contract, so long as such nurse
provides nonemergent care and such nurse's total compensation, including all
cash and noncash remunerations, does not fluctuate in relation to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services
rendered
pursuant
to a contract under this article.
(b)
A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who
provides nonemergent medical care and treatment in a safety net clinic that
executes a contract with a governmental contractor pursuant to this article
shall be considered a state officer or employee for purposes of Article 2 of
Chapter 21 of Title 50 while providing health care services pursuant to such
contract, so long as the physician is practicing pursuant to a license issued
under Code Section 43-34-45.1 or the physician or resident receives no
compensation from the safety net clinic and is on staff at a local or regional
hospital and provided that the physician's total compensation, including all
cash and noncash remunerations, does not fluctuate in relation to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services
rendered
pursuant
to a contract under this article.
(c)
No hospital shall require a physician to provide services at a safety net clinic
as a condition for granting of staff privileges or for retaining staff
privileges at such hospital.
(d)
This Code section shall be supplemental to all other provisions of law that
provide defenses to health care providers. This Code section shall not create
any new cause of action against a health care provider or additional liability
to health care
providers."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.