HB2741 HH&HR AM 2-19

CR 3338 

            The Committee on Health and Human Resources moves to amend the bill on page 1, line 15, by striking everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-21. Uncompensated Care Liability Act.

            (a) As used in this section:

            (1) “Charity Health Care” means health care provided by physician to a patient without direct remuneration or compensation.

            (2) "Direct remuneration or compensation" means direct receipt by the physician of payment from the patient, or payment or reimbursement from a heath insurance company, health maintenance organization or nonprofit hospital and health services corporation on behalf of the patient, or payment or reimbursement under Medicare or Medicaid. The term "direct remuneration or compensation" does not include a grant or donation, unless the grant or donation is based on the volume of patients receiving care or treatment.

            (3) “Physician” means a person licensed under article three or article fourteen of chapter thirty.

            (b) A physician who provides charity health care is not liable for civil damages for acts or omissions unless the acts or omissions were grossly negligent or were willful and wanton.

            (c) The exemption from liability provided under subsection (b) of this section only applies if, prior to rendering the charity heath care, the physician discloses to the patient, or if a minor, to the minor's parent or legal guardian, in writing that the services are being provided without receiving any direct remuneration or compensation and that, in exchange for receiving charity health care, the patient consents to waiving any right to sue for negligence except for acts or omissions that are grossly negligent or are willful and wanton.