09 LC 33
2912
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
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) and adding a new
paragraph 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 a health care provider who is an individual staff member of a medical
facility, a safety net clinic, or other health care provider shall not
constitute compensation under this article if such individual health care
provider'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 and the individual health care provider or
his or her employing medical facility, safety net clinic, or other health care
provider 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."
"(9.1)
'Safety net clinic' means a health care clinic which provides primary care
outpatient services only, such as chronic disease management and vaccinations,
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 at no cost or
on a sliding scale basis to the patient or a dental clinic 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
2.
All
laws and parts of laws in conflict with this Act are repealed.