Agreements for help controlling disease outbreaks

(a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control an epidemic of a dangerous disease, which requires more physical facilities, materials, or personnel than the department has available. (b) Whenever used in this section, unless a different meaning clearly appears from the context: "Dangerous disease" means any illness or health condition that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. "Department" means the department of health. "Director" means the director of health. "Epidemic" means the occurrence of cases of an illness clearly in excess of normal expectancy, as determined by the director. "Health care facility" means a facility as defined in section 323D-2. "Health care provider" means a provider as defined in section 323D-2. (c) Under collaborative agreements, health care facilities or health care providers shall provide prophylactic and treatment services for the epidemic disease in collaboration with and under the general direction of the department and shall seek reimbursement from the individuals who receive medical care, the parties responsible for their care, or their health plans. Persons having health plan benefits shall be responsible for any copayments to the facilities or health care providers. (d) The agreements may provide that the department shall use reasonable efforts to seek legislative appropriations to reimburse health care facilities and health care providers for the use of physical facilities, professional services, and materials provided to persons without health plan coverage. (e) Except in cases of wilful misconduct, the following persons shall not be liable for the death of or injury to any person who is provided care pursuant to this section or for damage to property when resulting 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 provider acting at the direction of the department under an agreement as provided in this section; and (3) Persons engaged in disease prevention and control functions pursuant to this section or sections 325-8 and 325-9, including volunteers whose services are accepted by any authorized person.