Sovereign Immunity Protection for Health Care Professionals in Safety Net Clinics

1. Law
2. Georgia Code
3. Health
4. Care and Protection of Indigent and Elderly Patients
5. "Health Share" Volunteers in Medicine
6. Sovereign Immunity Protection for Health Care Professionals in Safety Net Clinics

1. A registered professional nurse, nurse midwife, licensed practical nurse, or advanced practice registered nurse licensed or registered under Chapter 26 of Title 43 or a physician assistant licensed pursuant to Article 4 of Chapter 34 of Title 43 who is employed by a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as such nurse or physician assistant provides nonemergent care and such nurse's or physician assistant's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
   1. The number of patients served in the clinic;
   2. The number of patient visits to the clinic;
   3. Treatments in the clinic; or
   4. Any other fact relating to the number of patient contacts or services rendered

      pursuant to a contract under this article.

2. A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who provides nonemergent medical care and treatment in a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as the physician is practicing pursuant to a license issued under Code Section 43-34-41 or the physician or resident receives no compensation from the safety net clinic and is on staff at a local or regional hospital and provided that the physician's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
   1. The number of patients served in the clinic;
   2. The number of patient visits to the clinic;
   3. Treatments in the clinic; or
   4. Any other fact relating to the number of patient contacts or services rendered

      pursuant to a contract under this article.

3. No hospital shall require a physician to provide services at a safety net clinic as a condition for granting of staff privileges or for retaining staff privileges at such hospital.
4. This Code section shall be supplemental to all other provisions of law that provide defenses to health care providers. This Code section shall not create any new cause of action against a health care provider or additional liability to health care providers.

(Code 1981, §31-8-195.1, enacted by Ga. L. 2009, p. 613, § 2/SB 133; Ga. L. 2010, p. 209, § 1/SB 344.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, "43-34-41" was substituted for "43-34-45.1" in subsection (b).

Law reviews.

- For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).

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