Page:United States Statutes at Large Volume 110 Part 3.djvu/259

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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: