Section 641.88.4. Sponsor entity and protected clinic.

       88.4(1) Licensure. The sponsor entity or protected clinic shall be licensed to the extent required by law for the facility in question.

       88.4(2) If the sponsor entity or protected clinic is a charitable organization within the meaning of Section 501(c)(3) of the Internal Revenue Code, the sponsor entity or protected clinic shall provide proof of Section 501(c)(3) status to the VHCPP.

       88.4(3) Application. The sponsor entity or protected clinic shall submit the following information on forms provided by the VHCPP:

        a.           By category, the patient groups to be served;

        b.           The health care services to be provided;

        c.           The site where free health care services are to be provided;

        d.           The days and times when health care services are to be provided at each site;

        e.           The services that will be provided to those persons who are uninsured and underinsured for the public health purpose of improved health, prevention of illness/injury, and disease management.

       88.4(4) Agreement. A signed and current sponsor entity agreement or protected clinic agreement shall exist with the VHCPP which shall:

        a.           Provide that the individual volunteer health care provider or health care provider within a protected clinic and the individual volunteer health care provider within a sponsor entity shall perform only those health care services identified and approved by the VHCPP;

        b.           Identify by category the patient groups to be served;

        c.           Identify the sites at which the free health care services will be provided;

        d.           Identify the days and times when health care services are to be provided at each site;

        e.           Provide that the sponsor entity or protected clinic shall maintain proper records of health care services for a period of seven years from the date of service or, in the case of a minor, for a period of one year after the minor has reached the age of majority; and

        f.            Provide that the sponsor entity agrees that only the individual volunteer health care provider or protected clinic is afforded protection under Iowa Code section 135.24 and that the state assumes no obligation to the sponsor entity, its employees, officers, or agents. The sponsor entity or protected clinic shall submit a statement, which shall be submitted on forms provided by the VHCPP, attesting that the sponsor entity or protected clinic and its staff, employees and volunteers agree to:

       (1)             Cooperate fully with the state in the defense of any claim or suit relating to participation in the VHCPP, including attending hearings, depositions and trials and assisting in securing and giving evidence, responding to discovery and obtaining the attendance of witnesses;

       (2)             Accept financial responsibility for the sponsor entity’s or protected clinic’s expenses and costs incurred in the defense of any claim or suit related to participation in the VHCPP, including travel, meals, compensation for time and lost practice, and copying costs, and agree that the state will not compensate the sponsor entity or protected clinic for expenses or time needed for the defense of the claim or suit;

       (3)             Receive no direct monetary compensation of any kind for health care services provided in the sponsor entity or protected clinic;

       (4)             Comply with the sponsor entity agreement or protected clinic agreement with the VHCPP concerning approved health care services.

       88.4(5) General liability insurance. The sponsor entity or protected clinic shall submit proof of general liability insurance for the clinic site.

[ARC 8791B, IAB 6/2/10, effective 7/7/10; ARC 9536B, IAB 6/1/11, effective 5/11/11; ARC 9645B, IAB 8/10/11, effective 9/14/11]