§ 260 — Health care practitioner volunteer program

* § 260. Health care practitioner volunteer program. 1. There is\nhereby established in the department a health care practitioner\nvolunteer program to implement a system by which eligible health care\npractitioner volunteers and other volunteers may provide free basic\nprimary health care services to uninsured low income individuals.\n 2. The commissioner is authorized and directed to promulgate such\nrules and regulations as are necessary to implement the provisions of\nthis title. Such rules and regulations shall enable the health care\npractitioner volunteer program approved hereunder to:\n (a) provide free basic primary health care services primarily to\nuninsured low income individuals;\n (b) integrate the delivery of such services with the delivery of\nhealth care and other supportive services to the target population by\nother providers in the community; and\n (c) meet standards of care which are appropriate to the level and\nnature of health care services to be provided.\n 3. A health care practitioner is eligible to participate as a health\ncare practitioner volunteer under this title if he or she:\n (a) is licensed, or exempt from licensure, pursuant to articles one\nhundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,\none hundred thirty-three, one hundred thirty-six, one hundred\nthirty-seven, one hundred thirty-nine, one hundred forty, one hundred\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\nfifty-three, one hundred fifty-four, one hundred fifty-five, one hundred\nfifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred\nsixty, one hundred sixty-two, or one hundred sixty-four of the education\nlaw;\n (b) has agreed to practice in a health care practitioner volunteer\nprogram without compensation or the expectation of compensation. For the\npurposes of this paragraph, the following shall not be considered\ncompensation: (i) nominal payment solely to enable the health care\npractitioner to be considered an employee of an entity operating and\nadministering the health care practitioner volunteer program established\npursuant to this title; or (ii) the provision of medical liability\ninsurance coverage to the health care practitioner pursuant to the\nrequirements of this title;\n (c) is well qualified and intends to serve as a volunteer in the\npractice or specialty area in which he or she is licensed and primarily\npractices, or practiced prior to retirement, or is licensed and\ndemonstrably qualified to practice through training, retraining, or\ncontinuing education; and\n (d) is not subject to any limitations on practice as the result of\nfindings or action by, or any agreement with, any licensing or\nprofessional conduct agency or board, or any court or regulatory agency.\n 4. No health care practitioner volunteer shall participate in the\nhealth care practitioner volunteer program established pursuant to this\ntitle unless, with respect to acts and omissions that occurred or\nallegedly occurred within the scope of his or her participation in such\nprogram, he or she is covered by an adequate professional liability\ninsurance policy.\n 5. The commissioner shall, upon submission of satisfactory evidence of\ncompliance with the provisions of this title, approve one or more health\ncare practitioner volunteer programs to be located in and to serve a\nspecified service area. Such program shall:\n (a) be operated and administered by a not-for-profit entity licensed\nunder article twenty-eight of this chapter, provided, however, that\nnothing contained herein shall preclude a facility otherwise licensed\nunder this chapter or under the mental hygiene law from utilizing the\nservices of health care practitioner volunteers for the provision of\nfree health care services pursuant to such licensure; and\n (b) have procedures to screen participating health care practitioner\nvolunteers to ensure that they meet the requirements of subdivision\nthree of this section.\n 6. (a) Each program shall report annually to the commissioner on the\nprogress of the program. The report shall include a profile of\nparticipating health care practitioner volunteers, the number of persons\nserved, a description of the activities of the program, an outline of\nthe program's continuing or projected activities, a description of the\nimpact of the program on the community, and an estimate of the value of\nvolunteer services provided.\n (b) On or before June first of each year, the commissioner shall\nreport to the governor, the temporary president of the senate, the\nminority leader of the senate, the speaker of the assembly, the minority\nleader of the assembly, and the chairs of the senate and assembly\ncommittees on health on findings, conclusions, and recommendations on\nthe implementation of the provisions of this title.\n 7. Notwithstanding any inconsistent provision of law to the contrary,\nthe commissioner is authorized to waive, modify or suspend the\nprovisions of rules and regulations promulgated pursuant to article\ntwenty-eight of this chapter if the commissioner determines that such\nwaiver, modification or suspension is necessary for the successful\nimplementing of the health care practitioner volunteer program\nauthorized pursuant to this section and provided that the commissioner\ndetermines that the health, safety and general welfare of people\nreceiving health care under such health care practitioner volunteer\nprogram will not be impaired as a result of such waiver, modification or\nsuspension.\n * NB There are 2 § 260's\n