The state shall defend and indemnify an individual volunteer
health care provider or a protected clinic for a claim arising from the VHCPP
only to the extent provided by Iowa Code chapter 669 and Iowa Code section
135.24.
Persons or entities other than the participating individual volunteer health
care provider or protected clinic are not considered state employees or state
agencies under Iowa Code chapter 669. Defense and indemnification of the
individual volunteer health care provider or a protected clinic under Iowa Code
chapter 669 and Iowa Code section
135.24
shall occur only if all of the following requirements are met:
(1) The claim involves medical injury alleged
to have been proximately caused by health care services which were identified
and approved in the protection or sponsor agreement with the VHCPP and then
only to the extent the health care services were provided by or under the
direct supervision of the individual volunteer health care provider, including
claims based on negligent delegation of health care, or the individual
volunteer health care provider is named as a defendant solely because of the
individual volunteer health care provider's participation in the protected
clinic or sponsor entity clinic.
(2) The claim arises from covered health care
services that were performed at a site identified and approved in the
protection agreement with the VHCPP.
(3) The claim arises from covered
health care
services provided through a
protected clinic or
sponsor entity clinic
identified and approved in the
individual volunteer health care provider's
protection agreement with the
VHCPP and which meets the requirements of rule
641-88.3 (135).
(4) The individual volunteer health care
provider, health care provider, protected clinic, or sponsor entity clinic that
provided the health care services receives no direct monetary compensation of
any kind and no promise to pay compensation for the health care services which
allegedly resulted in medical injury.
(5) The health care services are provided to
a patient who is a member of a patient group identified in the sponsor entity
or protected clinic protection agreement with the VHCPP.
(6) The individual volunteer health care
provider, protected clinic, or sponsor entity clinic is eligible and registered
as provided in rule 641-8 8.3(13 5) or the care is provided by a health care
provider who holds current professional liability insurance coverage and an
active unrestricted license to practice in Iowa under Iowa Code chapter 147A,
148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C, 154D,
154F, or 155A and has been approved by the VHCPP
Notes
Iowa Admin. Code
r. 641-88.6
ARC 8791B, lAB 6/2/10,
effective 7/7/10; ARC 9535B, lAB 6/1/11, effective 5/11/11; ARC 9536B, lAB
6/1/11, effective 5/11/11; ARC 9645B, lAB 8/10/11, effective 9/14/11
Amended by
IAB
April 8, 2020/Volume XLII, Number 21, effective
5/13/2020
