General Assembly: 81 (2005 Regular GA) - Chapter 118 - Volunteer health care provider program


Published: 2005-05-05

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

316LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 117

effect on the initial implementationdateof eitherof the followingcontingencies, providingone of the contingencies is implemented: a. Federal approval is received for the waiver request submitted by the department of hu-

man services pursuant to section 234.7, subsection 2, paragraph “a”, as enacted by this Act. b. A state-funded program is implemented in lieu of the federal waiver, as described in sec-

tion 234.7, subsection 2, paragraph “b”, as enacted by this Act. 2. The department of human services shall notify the Code editor if either of the contingen-

cies in subsection 1 occurs. 3. If federal approval is received for thewaiver request described in subsection 1, paragraph

“a”, the department of human services shall convene a review committee to advise the depart- ment regarding the waiver’s implementation. The committee membership may include but is not limited to juvenile judges, parents of children participating in thewaiver, service provid- ers, departmental staff, at least twomembers of the general assembly, and others with knowl- edge concerning the waiver. The committee shall be convened when there are a sufficient number of children participating in thewaiver for there to be implementation issues to consid- er or six months following the commencement date of the waiver, whichever is sooner. 4. If federal approval is received for thewaiver request described in subsection 1, paragraph

“a”, the child or family receiving services under the waiver shall have access to case manage- ment or another form of service coordination function.

Approved May 5, 2005

_________________________

CH. 118CH. 118

CHAPTER 118

VOLUNTEER HEALTH CARE PROVIDER PROGRAM

H.F. 620

AN ACT relating to the volunteer health care provider program and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 135.24, subsection 1, Code 2005, is amended to read as follows: 1. The director shall establish within the department a program to provide to eligible hospi-

tals, clinics, free clinics, or other health care facilities, health care referral programs, or chari- table organizations, freemedical, dental, and chiropractic, pharmaceutical, nursing, optomet- ric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, and emergencymedical care services given on a voluntary basis by health care providers. A participating health care provider shall register with the depart- ment andobtain from thedepartment a list of eligible, participatinghospitals, clinics, free clin- ics, or other health care facilities, health care referral programs, or charitable organizations.

Sec. 2. Section 135.24, subsection 2, paragraphs a, c, and d, Code 2005, are amended to read as follows: a. Procedures for registration of health care providers deemed qualified by the board of

medical examiners, theboardof physician assistant examiners, theboardof dental examiners, the board of nursing, the board of chiropractic examiners, the board of psychology examiners, the board of social work examiners, the board of behavioral science examiners, and the board

317 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 118

of pharmacy examiners, the board of optometry examiners, the board of podiatry examiners, theboardof physical andoccupational therapyexaminers, the state board for respiratory care, and the Iowa department of public health, as applicable. c. Criteria for and identification of hospitals, clinics, free clinics, or other health care facili-

ties, health care referral programs, or charitable organizations, eligible to participate in the provision of free medical, dental, or chiropractic, pharmaceutical, nursing, optometric, psy- chological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emergency medical care services through the volunteer health care provider program. A free clinic, a health care facility, a health care referral program, a charita- ble organization, or a health care provider participating in the program shall not bill or charge a patient for any health care provider service provided under the volunteer health care provid- er program. d. Identification of the services to be provided under the program. The services provided

may include, but shall not be limited to, obstetrical and gynecological medical services, psy- chiatric services provided by a physician licensed under chapter 148, 150, or 150A, dental ser- vices provided under chapter 153, or other services provided under chapter 147A, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, or 155A.

Sec. 3. Section 135.24, subsection 3, paragraph b, Code 2005, is amended to read as fol- lows: b. Provided medical, dental, or chiropractic, pharmaceutical, nursing, optometric, psycho-

logical, socialwork, behavioral science, podiatric, physical therapy, occupational therapy, res- piratory therapy, or emergency medical care services through a hospital, clinic, free clinic, or other health care facility, health care referral program, or charitable organization listed as eli- gible and participating by the department pursuant to subsection 1.

Sec. 4. Section 135.24, subsection 4, Code 2005, is amended to read as follows: 4. A free clinic providing free care under this section shall be considered a state agency sole-

ly for the purposes of this section and chapter 669 and shall be afforded protection under chap- ter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the free clinic in accor- dance with this section or from the provision of free care by a health care provider who is cov- ered by adequate medical malpractice insurance as determined by the department, if the free clinic has registered with the department pursuant to subsection 1.

Sec. 5. Section 135.24, subsections 5 and 6, Code 2005, are amended to read as follows: 5. For the purposes of this section, “charitable organization” means a charitable organiza-

tionwithin themeaning of section 501(c)(3) of the Internal Revenue Codewhich has as its pri- mary purpose the sponsorship or support of programs designed to improve the quality, aware- ness, and availability of chiropractic, dental, or medical services to children and to serve as a fundingmechanism forprovisionof chiropractic, dental, ormedical services, includingbutnot limited to immunizations, to children in this state. 6. 5. For the purposes of this section: a. “Charitable organization”means a charitable organizationwithin themeaning of section

501(c)(3) of the Internal Revenue Code which has as its primary purpose the sponsorship or support of programsdesigned to improve the quality, awareness, and availability of chiroprac- tic, dental, medical, pharmaceutical, nursing, optometric, psychological, social work, behav- ioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emer- gency medical care services to children and to serve as a funding mechanism for provision of chiropractic, dental, medical, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory thera- py, or emergency medical care services, including but not limited to immunizations, to chil- dren in this state. a. b. “Free clinic” means a facility, other than a hospital or health care provider’s office

318LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 118

which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and whichhasas its sole purpose theprovisionofhealth care serviceswithout charge to individuals who are otherwise unable to pay for the services. b. c. “Health care provider” means a physician licensed under chapter 148, 150, or 150A,

or a chiropractor licensed under chapter 151, a physical therapist licensed pursuant to chapter 148A, an occupational therapist licensed pursuant to chapter 148B, a podiatrist licensed pur- suant to chapter 149, a physician assistant licensed and practicing under a supervising physi- cian pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, a respiratory therapist licensed pursuant to chapter 152B, a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153, an optometrist licensed pursuant to chapter 154, a psychologist licensed pursuant to chapter 154B, a social worker licensed pursuant to chapter 154C, amental health counselor or amarital and family therapist licensed pursuant to chapter 154D, or a pharmacist licensed pursuant to chapter 155A, or an emergency medical care pro- vider certified pursuant to chapter 147A.

Sec. 6. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved May 5, 2005

_________________________

CH. 119CH. 119

CHAPTER 119

STATE SECURITY AND EMERGENCY MANAGEMENT

H.F. 716

AN ACT relating to the military division and the homeland security and emergency manage- ment division of the department of public defense concerning the activation and use of the civil air patrol, the authority of the adjutant general to enter into interstate agreements for use of national guard personnel, and the use of the national incident management system for state emergencies.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 29A.1, Code 2005, is amended by adding the following new subsection: NEWSUBSECTION. 0A. “Civil air patrol” means the civilian auxiliary of the United States

air force established by the United States Congress in 36 U.S.C. § 40301 et seq., and 10 U.S.C. § 9441 et seq.

Sec. 2. NEW SECTION. 29A.3A CIVIL AIR PATROL. 1. The civil air patrol may be used to support national guard missions in support of civil au-

thorities as described in section 29C.5 or in support of noncombat national guardmissions un- der section 29A.8 or 29A.8A. 2. Requests for activation of the civil air patrol shall bemade to the commander of the Iowa

wing of the civil air patrol. Missions shall be in accordancewith laws and regulations applica- ble to theUnitedStates air force and the civil air patrol. Prior to activation of the civil air patrol, the adjutant general or the Iowa civil air patrol wing commander shall apply to the air force rescue coordination center, the air force national security emergency preparedness agency, or the civil air patrol national operations center for federal mission status and funding.