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Introduced Version House Bill 2383 History

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H. B. 2383

 

         (By Delegates Staggers, Shaver, Moye, Hamilton,

                Caputo, Fleischauer and Rowan)


         [Introduced January 12, 2011; referred to the

Committee on Health and Human Resources then the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6, all relating to establishing the “Emergency Credentialing for Health Care Providers Act”; requiring the Secretary of the Department of Health and Human Resources to establish a registry of emergency health care providers; authorizing the secretary to designate all or a part of a health care facility or other location as an emergency health care center; authorizing the secretary to direct health care providers during an emergency; requiring emergency health care providers to comply with emergency plans and credentialing plans; providing that emergency health care providers and other health care providers who volunteer to perform emergency health care services without compensation are agents of the state for the purpose of any claims arising out of those services; and legislative rules to implement provisions of this article.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6, all to read as follows:

ARTICLE 1C. EMERGENCY CREDENTIALING FOR HEALTH CARE PROVIDERS ACT.

§16-1C-1. Registry of emergency health care providers.

    (a) The Secretary of the Department of Health and Human Resources shall establish a registry of emergency health care providers who are available to provide health care services during an emergency or crisis. The secretary may require training related to the provision of health care services in an emergency or crisis as a condition of registration.

    (b) The secretary shall issue identification cards to health care providers included in the registry established under this section that:

    (1) Identify the health care provider;

    (2) Indicate that the health care provider is registered as a West Virginia emergency health care provider;

    (3) Identify the license or certification held by the health care provider; and

    (4) Identify the health care provider’s usual area of practice if that information is available and the secretary determines that it is appropriate to provide that information.

    (c) The secretary shall by legislative rule establish a form for identification cards issued under the provisions of this section.

    (d) The secretary shall support and provide assistance to the Office of Emergency Management in emergencies or crises involving the public health or requiring emergency medical response.

§16-1C-2. Designation of emergency health care center.

    (a) The Secretary of the Department of Health and Human Resources may designate all or a part of a health care facility or other location as an emergency health care center. Upon the Governor declaring a state of emergency or proclaiming a state of impending public health crisis after determining that a threat to the public health is imminent and likely to be widespread, life-threatening and of a scope that requires immediate medical action to protect the public health, emergency health care centers may be used for:

    (1) Evaluation and referral of individuals affected by the emergency or crisis;

    (2) Provision of health care services; and

    (3) Preparation of patients for transportation.

    (b) The secretary may enter into cooperative agreements with local public health authorities that allow local public health authorities to designate emergency health care centers under the provisions of this section.

    (c) An emergency health care center designated under this section must have an emergency operations plan and a credentialing plan that governs the use of emergency health care providers registered under the provisions of section one of this article and other health care providers who volunteer to perform health care services at the center. The emergency operations plan and credentialing plan must comply with rules governing those plans as promulgated by the secretary.

§16-1C-3. Direction of health care providers during emergency.

    If the Governor declares a state of emergency or proclaims a state of impending public health crisis after determining that a threat to the public health is imminent and likely to be widespread, life-threatening and of a scope that requires immediate medical action to protect the public health, The Secretary of the Department of Health and Human Resources may direct emergency health care providers, registered under the provisions of section one of this article, who are willing to provide health care services on a voluntary basis to proceed to any place in this state where health care services are required by reason of the emergency or crisis.

    Any emergency health care provider registered under the provisions of section one of this article or other health care provider may volunteer to perform health care services described in section three of this article at any emergency care center or health care center facility in the manner provided by section three of this article.

§16-1C-4. Emergency services to comply with emergency plan and               credentialing plan.

    (a) Emergency health care providers registered under the provisions of section one of this article and other health care providers who volunteer to perform health care services under this article must provide those services in accordance with the emergency operations plan and credentialing plan adopted by the emergency health care center or by the health care facility at which the services are rendered.

    (b) An emergency health care center or health care facility may determine the services to be provided by any emergency health care provider registered under the provisions of this article or other health care provider who volunteers to perform health care services under this article.

§16-1C-5. Emergency health care providers agents of state.

    (a) Emergency health care providers registered under the provisions of section one of this article and other health care providers who volunteer to perform health care services without compensation under the provisions of this article are agents of the state for the purpose of any claims arising out of those services.

    (b) Health care facilities and other persons operating emergency health care centers designated under this article are agents of the state for the purpose of any claims arising out of services provided without compensation through those centers or facilities.

    (c) An emergency health care provider registered under this article participating in training authorized by the Secretary of the Department of Health and Human Resources is an agent of the state for the purpose of any claims arising out of that training.

    (d) The provisions of subsections (a) and (b) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of emergency health care providers registered under the provisions of section one of this article and other health care providers who volunteer to perform health care services under this article. An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the Secretary of the Department of Health and Human Resources.

§16-1C-6. Legislative rules.

    The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary for the implementation of the provisions of this article.



    NOTE: The purpose of this bill is to establish the “Emergency Credentialing for Health Care Providers Act” which requires the Secretary of the Department of Health and Human Resources to establish a registry of emergency health care providers. It authorizes the secretary to designate all or a part of a health care facility or other location as an emergency health care center; authorizes the secretary to direct health care providers during emergencies; and requires emergency health care providers to comply with an emergency plan and credentialing plan. The bill provides that emergency health care providers and other health care providers who volunteer to perform emergency health care services without compensation are agents of the state for the purpose of any claims arising out of those services. And, the bill requires the secretary to promulgate legislative rules to implement provisions of this article.


 This article is new; therefore, it has been completely underscored.

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