Contracts to provide volunteer health services
Arkansas Code § 16-6-201; Arkansas Code § 17-95-106; Arkansas Code § 20-8-809
- (a) A healthcare provider or medical professional may enter into a contract with the Department of Health or governmental contractor to deliver volunteer health services to eligible low-income patients.
- (b) A healthcare provider or medical professional that enters into a contract as described in Arkansas Code § 20-8-804(a)(1) shall be an agent of the state with sovereign immunity while the healthcare provider or medical professional is acting within the scope of duties under the contract as described in this section.
- (c) A governmental contractor that is also a healthcare provider is not required to enter into a contract under Arkansas Code § 20-8-801 et seq., with respect to the healthcare services delivered by employees of the governmental contractor.
(d) The contract shall:
- (1) Apply only to volunteer healthcare services delivered by the healthcare provider or medical professional to low-income patients who are eligible to receive healthcare services;
- (2) Include all employees of the healthcare provider; and
(3) State that:
- (A) The healthcare provider or medical professional has sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided within the scope of the contract;
- (B) If a patient treated by the healthcare provider or medical professional is ineligible for services, the healthcare provider or medical professional shall still have sovereign immunity and may not be named as a defendant in an action arising due to medical care or treatment provided; and
- (C) The department or the governmental contractor has the right to:
(i) Dismiss or terminate any healthcare provider or medical professional employed under the contract;
- (ii)
- (a) (a) Terminate the contract with a healthcare provider or medical professional with appropriate cause.
(b) (b) At least five (5) business days before the termination date of a contract, the department or governmental contractor shall provide the healthcare provider or medical professional with written notice of intent to terminate the contract and reasons for the decision; and
- (iii) Access the records of any patient served by the healthcare provider or medical professional under the contract.