SCS SB 616 -- COMMUNITY HEALTH CENTER VOLUNTEERS

SPONSOR:  Goodman (Wasson)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Professional Registration and Licensing by a vote of 10 to 0.

This substitute specifies that any health plan that provides
health care services to low-income individuals on a prepaid basis
will not be considered engaging in the business of insurance for
the purposes of Chapter 376, RSMo, or any provision of Title XXIV
and will not be subject to the jurisdiction of the Department of
Insurance, Financial Institutions and Professional Registration
if it meets the following conditions:

(1)  Eligibility for the plan is limited to persons who earn less
than 200% of the federal poverty level who are not covered under
any other group insurance arrangement;

(2)  The plan is operated on a nonprofit basis under the
sponsorship of a qualified federal tax-exempt organization;

(3)  Covered primary care services are provided to enrollees by
providers on staff of the sponsoring organization or by
volunteers recruited from a local medical or osteopathic society
who have, in both instances, agreed to provide their services for
free or for nominal reimbursement for out-of-pocket expenses or
expendable supplies directly related to, and incurred as a result
of, the services provided to the enrollee;

(4)  Payments to outside contractors for marketing, claims
administration, and similar services total no more than 10% of
the total charges;

(5)  The plan has received the approval and endorsement of the
local medical or osteopathic society in consultation with the
Missouri State Medical Association or the Missouri Association of
Osteopathic Physicians and Surgeons; and

(6)  The sponsoring nonprofit organization files an annual report
with the Secretary of State within 90 days of the close of the
organization's fiscal year that includes specified information.

Any volunteer or retired volunteer licensed physician, dentist,
optometrist, pharmacist, registered nurse, licensed practical
nurse, advanced practice registered nurse, psychiatrist,
psychologist, professional counselor, or clinical social worker
who provides medical or mental health treatment to a patient at a
nonprofit faith-based community health center providing health
care services for a nominal fee will not be liable for any civil
damages in excess of the health care professional's available
insurance for acts or omissions unless the damages were
occasioned by gross negligence or by willful or wanton acts or
omissions by the health care professional.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that licensed health care
professionals who are volunteering at local organizations
providing health care for the working uninsured will be exempt
from liability.  Certain communities have a high number of
service level workers who don't have health insurance, and these
clinics give them an opportunity to enter into wellness programs
and receive treatment at a reduced rate.  These are truly
philanthropic programs and supported whole-heartedly by the
communities they serve.

Testifying for the bill were Senator Goodman; and Representative
Ayres.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm