§ 35-31-103 — 35-31-102. Volunteer health services; application of claims act; exclusiveness of remedy; contract requirements

Wyoming § 35-31-103

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 31: VOLUNTEER HEALTH SERVICES PROGRAM

Text

(a) The department may execute contracts with health care
providers and medical facilities to deliver volunteer health
care services to low income persons as a deemed public employee
or medical facility of the state.
(b) A health care provider who delivers volunteer health
care services to a low income person pursuant to a contract that
complies with the requirements of this act, and regardless of
whether the low income person who is treated is later found to
be ineligible, shall be considered a public employee of the
state while acting within the scope of duties under the
contract, but only for the purposes of the applicability of the
Wyoming Governmental Claims Act, including W.S. 1-39-110. The
state of Wyoming shall have the duty to defend a health care
provider alleged to have been negligent or alleged to have
committed medical malpractice in the provision of volunteer
health care pursuant to a contract under subsection (a) of this
section provided the health care provider cooperates as
described in W.S. 1-41-103(e)(iv).
(c) A medical facility while providing volunteer health
care services to a low income person pursuant to a contract that
complies with the requirements of this act, and regardless of
whether the low income person who is treated is later found to
be ineligible, shall be considered a medical facility of the
state, but only for purposes of the applicability of the Wyoming
Governmental Claims Act, including W.S. 1-39-109(b). The state
of Wyoming shall have the duty to defend a medical facility
alleged to have been negligent in the provision of volunteer
health care pursuant to a contract under subsection (a) of this
section provided the medical facility cooperates as described in
W.S. 1-41-103(e)(iv).
(d) Volunteer health care providers and medical facilities
shall determine patient eligibility using patient self
attestation.
(e) The department, health care provider or medical
facility retains the right to terminate the contract upon
written notice of its intent to terminate the contract at least
five (5) business days before the contract termination date
unless the department determines that immediate termination is
necessary to protect the safety of patients.
(f) A contract under this section shall contain provisions
binding the parties to the requirements of subsections (b)
through (e) of this section.
(g) The exclusive remedy for any injury or damage suffered
as the result of any negligence of the health care provider or
the medical facility, while acting within the scope of a
contract under this act is an action against the state of
Wyoming brought under the Wyoming Governmental Claims Act.
Neither the patient nor any person claiming by or through the
patient shall have any claim whatsoever against the health care
provider or medical facility on account of health care provided
to such patient within the scope of a contract under this act.