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In 2003, the Legislature passed a bill offering immunity to
providers who are donating care to needy patients through a charitable
organization. In order for volunteers to receive immunity, patients
must sign an agreement acknowledging that they are waiving their
legal rights to sue in return for receiving free care. HAP requires
all patients to sign an agreement upon enrollment. However, it
is recommended that providers also have patients sign an agreement
in their office and keep a copy in the patients’ medical
record.
A
Sample Agreement is available in Adobe Acrobat format.
Download the free Adobe
Acrobat Reader® (link will open in a new window).
| What
is charitable immunity? |
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Charitable immunity is
immunity from civil suit for free care given in accordance
with the requirements of state law. |
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| How
does charitable immunity differ from the Good Samaritan
law? |
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The Good Samaritan law
applies to free care given in an emergency situation.
Charitable immunity applies to free care that does not
necessarily involve an emergency. |
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| Can
any uncompensated care qualify for charitable immunity? |
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No, free care can only
qualify for charitable immunity if it is done on behalf
of a charitable organization--like the Health Access
Project--whose primary mission is to provide uncompensated
care to the poor. |
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| Can
I provide free care at my office and still qualify
for charitable immunity? |
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Yes, SB 138 allows you
to do this as long as the care is coordinated through
a charitable health care organization. |
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| Does
free mean free? |
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Yes, you may not receive
any fee of any kind for medical treatment. You may, however,
use supplies or drugs in treating a patient that were
given to you by the charitable health care organization. |
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| Do
I have to do anything in particular to qualify for
charitable immunity? |
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Yes, the law requires
that a patient sign an agreement acknowledging that he
is waiving his legal rights to sue you in return for
free care. It is highly advisable that you take this
responsibility upon yourself for each patient that you
see on behalf of a charitable health care organization. |
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| Does
a patient have to sign a new agreement every time you
see them? |
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No, as long as your agreement
makes it clear that it applies to future visits as well.
Even so, it would not hurt to remind the patient at each
visit that free care is being given in return for immunity
from suit and to note that this reminder in the patient’s
chart. |
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| If
a patient signs an agreement, does this mean that he
can’t sue you? |
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No, a patient can still
sue you but you have a very strong defense to dismiss
the lawsuit at the outset as long as you have followed
the statutory requirements and have not engaged in “gross
negligence”—which is akin to intentional
misconduct or gross incompetence. |
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| If
I’m sued, will my malpractice carrier defend
me? |
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You would need to double-check
your policy, but it is highly unlikely that providing
free care to the poor would be excluded from your policy. |
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| Where
can I get an agreement? |
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The Health Access Project
has an agreement you can use. You can contact them at
412-3980. It is my understanding that they will have
agreements in Spanish as well. You can also create your
own agreement by following the requirements of Utah Code
Ann. § 58-13-3. |
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| Are
there any services that are not covered by charitable
immunity? |
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Yes, it doesn’t
apply to general anesthesia or any care that would require
an overnight stay in a hospital. Still, it is highly
advisable that you have all patients sign an agreement
for administrative and other reasons, even if a court
ultimately sets the agreement aside. |
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