PUBLIC LAW 104-191—AUG. 21, 1996
110 STAT. 1989
or from any third-party payor (including reimbursement under
any insurance policy or health plan, or under any Federal
or State health benefits program). With respect to compliance
with such condition:
"(i) The health care practitioner may receive repayment
from the free clinic for reasonable expenses incurred by
the health care practitioner in the provision of the service
to the individual.
"(ii) The free clinic may accept voluntary donations
for the provision of the service by the health care practitioner to the individual.
"(E) Before the service is provided, the health care practitioner or the free clinic provides written notice to the individual
of the extent to which the legal liability of the health care
practitioner is limited pursuant to this subsection (or in the
case of an emergency, the written notice is provided to the
individual as soon after the emergency as is practicable). If
the individual is a minor or is otherwise legally incompetent,
the condition under this subparagraph is that the written notice
be provided to a legal guardian or other person with legal
responsibility for the care of the individual.
"(F) At the time the service is provided, the health care
practitioner is licensed or certified in accordance with applicable
law regarding the provision of the service.
"(3)(A) For purposes of this subsection, the term 'free clinic'
means a health care facility operated by a nonprofit private entity
meeting the following requirements:
"(i) The entity does not, in providing health services
through the facility, accept reimbursement from any thirdparty payor (including reimbursement under any insurance
policy or health plan, or under any Federal or State hesilth
benefits program).
"(ii) The entity, in providing health services through the
facility, either does not impose charges on the individuals to
whom the services are provided, or imposes a charge according
to the ability of the individual involved to pay the charge,
"(iii) The entity is licensed or certified in accordance with
applicable law regarding the provision of health services.
"(B) With respect to compliance with the conditions under
subparagraph (A), the entity involved may accept voluntary donations for the provision of services.
"(4) For purposes of this subsection, the term 'qualifying health
service' means any medical assistance required or authorized to
be provided in the program under title XIX of the Social Security
Act, without regard to whether the medical assistance is included
in the plan submitted under such program by the State in which
the health care practitioner involved provides the medical assistance. References in the preceding sentence to such program shall
as applicable be considered to be references to any successor to
such program.
"(5) Subsection (g) (other than paragraphs (3) through (5))
and subsections (h), (i), and (1) apply to a health care practitioner
for purposes of this subsection to the same extent and in the
same manner as such subsections apply to an officer, governing
board member, employee, or contractor of an entity described in
subsection (g)(4), subject to paragraph (6) and subject to the
following:
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