N.Y. Public Health Law § 260: Health care practitioner volunteer program

* § 260. Health care practitioner volunteer program. 1. There is

hereby established in the department a health care practitioner

volunteer program to implement a system by which eligible health care

practitioner volunteers and other volunteers may provide free basic

primary health care services to uninsured low income individuals.

2. The commissioner is authorized and directed to promulgate such

rules and regulations as are necessary to implement the provisions of

this title. Such rules and regulations shall enable the health care

practitioner volunteer program approved hereunder to:

(a) provide free basic primary health care services primarily to

uninsured low income individuals;

(b) integrate the delivery of such services with the delivery of

health care and other supportive services to the target population by

other providers in the community; and

(c) meet standards of care which are appropriate to the level and

nature of health care services to be provided.

3. A health care practitioner is eligible to participate as a health

care practitioner volunteer under this title if he or she:

(a) is licensed, or exempt from licensure, pursuant to articles one

hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,

one hundred thirty-three, one hundred thirty-six, one hundred

thirty-seven, one hundred thirty-nine, one hundred forty, one hundred

forty-one, one hundred forty-three, one hundred forty-four, one hundred

fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred

fifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred

sixty, one hundred sixty-two, or one hundred sixty-four of the education

law;

(b) has agreed to practice in a health care practitioner volunteer

program without compensation or the expectation of compensation. For the

purposes of this paragraph, the following shall not be considered

compensation: (i) nominal payment solely to enable the health care

practitioner to be considered an employee of an entity operating and

administering the health care practitioner volunteer program established

pursuant to this title; or (ii) the provision of medical liability

insurance coverage to the health care practitioner pursuant to the

requirements of this title;

(c) is well qualified and intends to serve as a volunteer in the

practice or specialty area in which he or she is licensed and primarily

practices, or practiced prior to retirement, or is licensed and

demonstrably qualified to practice through training, retraining, or

continuing education; and

(d) is not subject to any limitations on practice as the result of

findings or action by, or any agreement with, any licensing or

professional conduct agency or board, or any court or regulatory agency.

4. No health care practitioner volunteer shall participate in the

health care practitioner volunteer program established pursuant to this

title unless, with respect to acts and omissions that occurred or

allegedly occurred within the scope of his or her participation in such

program, he or she is covered by an adequate professional liability

insurance policy.

5. The commissioner shall, upon submission of satisfactory evidence of

compliance with the provisions of this title, approve one or more health

care practitioner volunteer programs to be located in and to serve a

specified service area. Such program shall:

(a) be operated and administered by a not-for-profit entity licensed

under article twenty-eight of this chapter, provided, however, that

nothing contained herein shall preclude a facility otherwise licensed

under this chapter or under the mental hygiene law from utilizing the

services of health care practitioner volunteers for the provision of

free health care services pursuant to such licensure; and

(b) have procedures to screen participating health care practitioner

volunteers to ensure that they meet the requirements of subdivision

three of this section.

6. (a) Each program shall report annually to the commissioner on the

progress of the program. The report shall include a profile of

participating health care practitioner volunteers, the number of persons

served, a description of the activities of the program, an outline of

the program's continuing or projected activities, a description of the

impact of the program on the community, and an estimate of the value of

volunteer services provided.

(b) On or before June first of each year, the commissioner shall

report to the governor, the temporary president of the senate, the

minority leader of the senate, the speaker of the assembly, the minority

leader of the assembly, and the chairs of the senate and assembly

committees on health on findings, conclusions, and recommendations on

the implementation of the provisions of this title.

7. Notwithstanding any inconsistent provision of law to the contrary,

the commissioner is authorized to waive, modify or suspend the

provisions of rules and regulations promulgated pursuant to article

twenty-eight of this chapter if the commissioner determines that such

waiver, modification or suspension is necessary for the successful

implementing of the health care practitioner volunteer program

authorized pursuant to this section and provided that the commissioner

determines that the health, safety and general welfare of people

receiving health care under such health care practitioner volunteer

program will not be impaired as a result of such waiver, modification or

suspension.

* NB There are 2 § 260's