[§325-20]  Agreements; collaborativeassistance in control of disease outbreaks.  (a)  The director may enterinto agreements for collaborative assistance with licensed health carefacilities and health care providers in the State to control an epidemic of adangerous disease, which requires more physical facilities, materials, orpersonnel than the department has available.

(b)  Whenever used in this section, unless adifferent meaning clearly appears from the context:

"Dangerous disease" means any illnessor health condition that might pose a substantial risk of a significant numberof human fatalities or incidents of permanent or long-term disability.

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"Epidemic" means the occurrence ofcases of an illness clearly in excess of normal expectancy, as determined bythe director.

"Health care facility" means afacility as defined in section 323D-2.

"Health care provider" means aprovider as defined in section 323D-2.

(c)  Under collaborative agreements, healthcare facilities or health care providers shall provide prophylactic andtreatment services for the epidemic disease in collaboration with and under thegeneral direction of the department and shall seek reimbursement from theindividuals who receive medical care, the parties responsible for their care,or their health plans.  Persons having health plan benefits shall beresponsible for any copayments to the facilities or health care providers.

(d)  The agreements may provide that thedepartment shall use reasonable efforts to seek legislative appropriations toreimburse health care facilities and health care providers for the use ofphysical facilities, professional services, and materials provided to personswithout health plan coverage.

(e)  Except in cases of wilful misconduct, thefollowing persons shall not be liable for the death of or injury to any personwho is provided care pursuant to this section or for damage to property whenresulting from any act or omission in the performance of such services:

(1)  The State or any political subdivision;

(2)  A health care facility or health care provideracting at the direction of the department under an agreement as provided inthis section; and

(3)  Persons engaged in disease prevention and controlfunctions pursuant to this section or sections 325-8 and 325-9, includingvolunteers whose services are accepted by any authorized person. [L 2002, c169, §2]