Policy Watch
On Monday, May 4, Governor Perdue signed SB 133 into law. It will take effect on July 1, 2009.
SB 133 was sponsored by Sen. Lee Hawkins (R-Gainesville) and will provide immunity to certain compensated health care providers working in safety net clinics. It also establishes the definition of a "safety net clinic."
While this legislation will help some clinics with the delivery of care, other clinics may be negatively impacted. GFCN strongly encourages each clinic to consult their attorney in determining the impact the new law may have on your ability to provide care.
GFCN attorneys believe that SB 133 excludes certain physicians previously covered by sovereign immunity. The legislation did add sovereign immunity for employed nurses working at "Safety Net Clinics." This means that clinics which want to have their employed nurses provided sovereign immunity could not include their volunteer physicians in the program unless they have medical staff privileges. Although SB 133 continues to provide sovereign immunity to retired physicians practicing under a Volunteers in Medicine license, most retired physicians choose not to obtain such a license.
SB 133 also defines a "Safety Net Clinic." This definition is not particularly descriptive of such clinics. Rather, it defines safety net clinics as "any other medical facility the primary purpose of which is to deliver human dental or medical diagnostic services or which delivers nonsurgical human treatment and which may include an office maintained by a provider." A whole host of facilities not ordinarily considered safety net clinics could fit this definition.
Recently, the State Board of Community Health approved for initial adoption, proposed rule changes in Chapters 111-5-1, the Georgia Volunteer Health Care Program.
You may view the proposed changes online at www.dch.georgia.gov under the Public Meeting tab. On July 16, 2009 there will be a public hearing for the presentation of proposed administrative rule changes.
The proposed rule changes are as follows:
- Change in the definition of “referral” to give more flexibility and simplify the referral process.
- Revise language concerning services of the volunteers to give DCH more flexibility and modify the referral process.
- Redirect patient responsibility to the patient and away from volunteers. DCH will provide the clinics with the poverty guidelines.
- Eliminate administrative burden and inject flexibility. The new rules are meant to more closely reflect the intent of the original legislation.
- Changes the language of income requirement from net income to gross income and requires patients to notify clinics if there is a change in circumstance.
- Changes the reports from the program to the legislature, to eliminate duplicate reports. Now encounters will be reported in lieu of referrals.
Again, if your clinic participates in the state Volunteers in Health Care Program, consult an attorney in determining the precise impact the new law and rules changes may have on your clinics' ability to provide care.
To view any legislation or to contact your representative or senator, visit the General Assembly's website.
