Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 88 - Volunteer Health Care Provider Program › Rule 641-88.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Charitable organization"
means a charitable
				organization within the meaning of Section 501(c)(3) of the Internal Revenue
				Code.
"Defend"
means that the office of the attorney
				general shall provide the individual volunteer health care provider and
				protected clinic with legal representation at no cost to the individual
				volunteer health care provider or protected clinic.
"Department"
means the Iowa department of
				public health.
"Field dental clinic"
means a dental clinic
				temporarily or periodically erected at a location where mobile dental
				equipment, instruments, or supplies, as necessary, are utilized to provide
				dental services.
"Free clinic"
means a facility, other than a
				hospital or health care provider's office, which is exempt from taxation under
				Section 501(c)(3) of the Internal Revenue Code and which has as its sole
				purpose the provision of health care services without charge to individuals who
				are otherwise unable to pay for the services.
"Health care facility"
means a residential
				care facility, a nursing facility, an intermediate care facility for persons
				with mental illness, or an intermediate care facility for persons with an
				intellectual disability.
"Health care provider"
means an emergency
				medical care provider certified pursuant to Iowa Code chapter 147A; a physician
				licensed pursuant to Iowa Code chapter 148; a physical therapist licensed
				pursuant to Iowa Code chapter MSA; an occupational therapist licensed pursuant
				to Iowa Code chapter 148B; a physician assistant licensed pursuant to Iowa Code
				chapter 148C and practicing under the supervision of a physician; a podiatrist
				licensed pursuant to Iowa Code chapter 149; a chiropractor licensed pursuant to
				Iowa Code chapter 151; a respiratory therapist licensed pursuant to Iowa Code
				chapter 152B; an advanced registered nurse practitioner, a licensed practical
				nurse or a registered nurse licensed pursuant to Iowa Code chapter 152 or 152E;
				a dentist, dental assistant, or dental hygienist licensed or registered
				pursuant to Iowa Code chapter 153; an optometrist licensed pursuant to Iowa
				Code chapter 154; a psychologist licensed pursuant to Iowa Code chapter 154B; a
				bachelor social worker, a master social worker, or an independent social worker
				licensed pursuant to Iowa Code chapter 154C; a marital and family therapist or
				mental health counselor licensed pursuant to Iowa Code chapter 154D; a speech
				pathologist or audiologist licensed pursuant to Iowa Code chapter 154F; or a
				pharmacist licensed pursuant to Iowa Code chapter 155A.
"Health care services"
means services received
				from a health care provider at a protected clinic or sponsor entity, as
				provided in Iowa Code section
				135.24
				and these rules, and approved in a protection agreement or sponsor entity
				agreement. The agreement covers "health care services" that are volunteer,
				uncompensated services. For those services to qualify as volunteer,
				uncompensated services under this chapter, the individual volunteer health care
				provider, health care provider, protected clinic, or sponsor entity must
				receive no compensation for any services provided under the agreement and must
				not bill or accept compensation from the person, or any public or private
				third-party payor, for the specific services provided.
"Indemnify"
means that the state of Iowa shall
				pay all sums that the individual volunteer health care provider or protected
				clinic holding a protection agreement with the VHCPP is legally obligated to
				pay as damages because of any claim made against the individual volunteer
				health care provider or protected clinic which arises out of the provision of
				free health care services rendered or which should have been rendered by the
				individual volunteer health care provider or protected clinic.
"Individual volunteer health care provider"
means any one of the following health care providers who has a fully executed
				protection agreement with the VHCPP: an emergency medical care provider
				certified pursuant to Iowa Code chapter 147A; a physician licensed pursuant to
				Iowa Code chapter 148; a physical therapist licensed pursuant to Iowa Code
				chapter 148A; an occupational therapist licensed pursuant to Iowa Code chapter
				148B; a physician assistant licensed pursuant to Iowa Code chapter 148C and
				practicing under the supervision of a physician; a podiatrist licensed pursuant
				to Iowa Code chapter 149; a chiropractor licensed pursuant to Iowa Code chapter
				151; a respiratory therapist licensed pursuant to Iowa Code chapter 152B; an
				advanced registered nurse practitioner, a licensed practical nurse or a
				registered nurse licensed pursuant to Iowa Code chapter 152or 152E; a dentist,
				dental assistant, or dental hygienist licensed or registered pursuant to Iowa
				Code chapter 153; an optometrist licensed pursuant to Iowa Code chapter 154; a
				psychologist licensed pursuant to Iowa Code chapter 154B; a bachelor social
				worker, a master social worker, or an independent social worker licensed
				pursuant to Iowa Code chapter 154C; a marital and family therapist or mental
				health counselor licensed pursuant to Iowa Code chapter 154D; a speech
				pathologist or audiologist licensed pursuant to Iowa Code chapter 154F; or a
				pharmacist licensed pursuant to Iowa Code chapter 155A.
"License"
means a license, certification or
				registration issued to a person by a licensing authority which evidences the
				granting of authority to engage in a profession or occupation.
"Major surgical procedure"
means a surgical
				procedure not ordinarily performed in a private provider's office, free clinic,
				or specialty health care provider office and includes the surgery performed in
				a hospital as defined in Iowa Code section
				135B.1(3)
				 or an outpatient surgical facility.
"Minor surgical procedure"
means a surgical
				procedure ordinarily performed in a private provider's office, free clinic, or
				specialty health care provider office.
"Outpatient surgical facility"
means a
				facility defined in Iowa Code section
				135.61(21).
"Permanent site"
means a site at which free
				health care services will be provided on a continuous basis.
"Protected clinic"
means field dental clinic,
				free clinic, or specialty health care provider office providing free care to
				the uninsured and underinsured. Each protected clinic has a signed protection
				agreement, which provides for defense and indemnification of the protected
				clinic. The protection agreement shall allow the protected clinic to deliver
				health care services to uninsured and underinsured persons as an agent of the
				state.
"Protection agreement"
means a signed contract
				providing for defense and indemnification between an individual volunteer
				health care provider or protected clinic and the volunteer health care provider
				program (VHCPP). This agreement shall allow the individual health care provider
				or protected clinic to deliver health care services to uninsured and
				underinsured persons as an agent of the state. The agreement covers "health
				care services" that are volunteer, uncompensated services. For those services
				to qualify as volunteer, uncompensated services under this chapter, the
				individual volunteer health care provider, health care provider, and protected
				clinic must receive no compensation for any services provided under the
				agreement and must not bill or accept compensation from the person, or any
				public or private third-party payor, for the specific services provided by the
				individual volunteer health care provider covered by the agreement.
"Specialty health care provider office"
means
				the private office or clinic of an individual specialty health care provider or
				a group of specialty health care providers but does not include a field dental
				clinic, a free clinic, or a hospital.
"Sponsor entity"
or
"sponsor entity
				clinic"
means a hospital, clinic, free clinic, health care facility,
				health care referral program, charitable organization, specialty health care
				provider office, outpatient surgical facility, or field dental clinic. Each
				sponsor entity has a fully executed sponsor entity agreement. The sponsor
				entity agreement shall allow an individual volunteer health care provider to
				deliver health care services to uninsured and underinsured persons as an agent
				of the state.
"Sponsor entity agreement"
means a signed
				contract between the VHCPP and a hospital, clinic, free clinic, health care
				facility, health care referral program, charitable organization, specialty
				health care provider office, outpatient surgical facility, or field dental
				clinic allowing an individual volunteer health care provider to deliver free
				health care services through the VHCPP at the sponsor entity location.
"Temporary site"
means a site at which free
				health care services will be provided for a short period of time not to exceed
				three days. "Temporary site" includes but is not limited to temporary health
				fairs, flu shot clinics, and temporary sites that provide back-to-school
				physicals.
"Underinsured"
means that a person does not
				have adequate insurance, which is determined on cost-exposure to family income
				with at least one of three indicators:
(1) out-of-pocket medical expenses equal to
			 or greater than 10 percent of income;
(2) out-of-pocket medical expenses equal to
			 or greater than 5 percent of income if income is less than 200 percent of the
			 federal poverty level; and
(3)
			 health plan deductibles equal to or greater than 5 percent of income.
"Volunteer health care provider program"
or
"VHCPP"
means the volunteer health care provider program of
				the department.