Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Individual volunteer health care
provider eligibility. To be eligible for protection as an employee of
the state under Iowa Code chapter 669 for a claim arising from covered health
care services, an individual volunteer health care provider shall satisfy each
of the following conditions at the time of the act or omission allegedly
resulting in injury:
a. The individual
volunteer health care provider shall hold an active unrestricted license,
registration, or certification to practice in Iowa under Iowa Code chapter
147A, 148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C,
154D 154F, or 155A. The individual volunteer health care provider shall provide
a sworn statement attesting that the license, registration, or certification to
practice is free of restrictions. The statement shall describe any disciplinary
action that has ever been taken against the individual volunteer health care
provider by any professional licensing, registering, or certifying authority or
health care facility, including any voluntary surrender of license,
registration, or certification or other agreement involving the individual
volunteer health care provider's license, registration, or certification to
practice or any restrictions on practice, suspension of privileges, or other
sanctions. The statement shall also describe any malpractice suits that have
been filed against the individual volunteer health care provider The statement
provided by a pharmacist shall also describe any disciplinary action that has
ever been taken against any pharmacy in which the pharmacist has ever been
owner, partner, or officer
b.
Application. The applicant shall submit the following information on forms
provided by the VHCPP:
(1) The individual
volunteer health care provider current licensure identification number and
expiration date;
(2) The health
care services to be voluntarily provided that meet all of the following
requirements:
1. The services fall under the
individual volunteer health care provider's licensed scope of
practice;
2. The services are
covered health care services listed in paragraph 88.5(1)"d";
and
3. The individual volunteer
health care provider applicant is willing to voluntarily provide the health
care services to those persons who are uninsured and underinsured for the
public health purpose of improved health, prevention of illness/injury, and
disease management.
c. Agreement. The individual volunteer health
care provider shall have a signed and current protection agreement with the
VHCPP which identifies the covered health care services within the respective
scope of practice and conditions of defense and indemnification as provided in
rules 641-88.5 (135) and
641-88.6 (135).
(1) The protection agreement is only valid
during the time that the individual volunteer health care provider maintains a
current unrestricted license and only for voluntary services provided in
conjunction with a sponsor entity or protected clinic which has its own valid
VHCPP protection agreement in effect at the time of service
provision.
(2) The protection
agreement with the VHCPP shall provide that the individual volunteer health
care provider shall:
1. Perform only those
health care services identified and approved by the VHCPP;
2. Promptly notify the VHCPP of any changes
in licensure status;
3. Maintain
proper records of the health care services;
4. Make no representations concerning
eligibility for the VHCPP or eligibility of services for indemnification by the
state except as authorized by the department;
5. Cooperate fully with the state in the
defense of any claim or suit relating to participation in the VHCPP, including
attending hearings, depositions and trials and assisting in securing and giving
evidence, responding to discovery and obtaining the attendance of
witnesses;
6. Accept financial
responsibility for personal expenses and costs incurred in the defense of any
claim or suit related to participation in the VHCPP, including travel, meals,
compensation for time and lost practice, and copying costs, and agree that the
state will not compensate the individual volunteer health care provider for the
individual volunteer health care provider's expenses or time needed for the
defense of the claim or suit;
7.
Receive no direct monetary compensation of any kind for services provided in
the VHCPP;
8. Comply with the
protection agreement with the VHCPP concerning approved health care
services.
(2)
Protected clinic
eligibility. To be eligible for protection as a state agency under
Iowa Code chapter 669 for a claim arising from the provision of covered health
care services at a protected clinic, the protected clinic shall satisfy each of
the following conditions at the time of the act or omission allegedly resulting
in injury:
a. The protected clinic shall
comply with subrules 88.4(1)through 88.4(5).
b. The protected clinic shall, upon request
from the department, provide to the department a list of all health care
providers who provided health care services at the protected clinic at the time
of a claim made against the individual health care provider or protected clinic
which arises out of the provision of free health care service rendered or which
should have been rendered by the individual volunteer health care provider or
protected clinic.
c. The protected
clinic shall only be covered under the VHCPP for the provision of covered
health care services by a health care provider providing health care services
at the protected clinic who either:
(1) Holds
a current individual volunteer health care provider protection agreement with
the VHCPP, or
(2) Holds current
professional liability insurance coverage and an active unrestricted license,
registration, or certification to practice in Iowa under Iowa Code chapter
147A, 148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C,
154D, 154F, or 155A.
d.
The protected clinic shall submit a list of the clinic board of directors and
contact information for the board of directors, if applicable.
e. If the protected clinic is a charitable
organization within the meaning of Section 501(c)(3) of the Internal Revenue
Code, the protected clinic shall provide proof of Section 501(c)(3) status to
the VHCPP
f. A protected clinic
may allow health care profession students to volunteer at the protected clinic
provided that the following conditions are satisfied:
(1) The college, university, or other health
care profession educational institution provides professional liability
insurance which covers the students; and
(2) The protected clinic or the health care
profession institution provides general liability and professional liability
insurance which covers the students; and
(3) The students provide only those services
or activities as are authorized by the education agreement, and such services
and activities are provided under the on-site supervision of a health care
provider
(3)
Sponsor entity
or sponsor entity clinic. As a condition of sponsoring individual
volunteer health care providers in the VHCPP, a hospital, clinic, free clinic,
health care facility, health care referral program, charitable organization,
specialty health care provider office, outpatient surgical facility, or field
dental clinic shall comply with subrules 88.4(1) through
88.4(5).