35-31-103.

35-31-103.

35-31-102. Volunteer health services; application of claims act; exclusiveness of remedy; contract requirements.

(a) The department may execute contracts with health care providers and medical facilities to deliver volunteer health care services to low income persons as a deemed public employee or medical facility of the state.

(b) A health care provider who delivers volunteer health care services to a low income person pursuant to a contract that complies with the requirements of this act, and regardless of whether the low income person who is treated is later found to be ineligible, shall be considered a public employee of the state while acting within the scope of duties under the contract, but only for the purposes of the applicability of the Wyoming Governmental Claims Act, including W.S. 1-39-110. The state of Wyoming shall have the duty to defend a health care provider alleged to have been negligent or alleged to have committed medical malpractice in the provision of volunteer health care pursuant to a contract under subsection (a) of this section provided the health care provider cooperates as described in W.S. 1-41-103(e)(iv).

(c) A medical facility while providing volunteer health care services to a low income person pursuant to a contract that complies with the requirements of this act, and regardless of whether the low income person who is treated is later found to be ineligible, shall be considered a medical facility of the state, but only for purposes of the applicability of the Wyoming Governmental Claims Act, including W.S. 1-39-109(b). The state of Wyoming shall have the duty to defend a medical facility alleged to have been negligent in the provision of volunteer health care pursuant to a contract under subsection (a) of this section provided the medical facility cooperates as described in W.S. 1-41-103(e)(iv).

(d) Volunteer health care providers and medical facilities shall determine patient eligibility using patient self attestation.

(e) The department, health care provider or medical facility retains the right to terminate the contract upon written notice of its intent to terminate the contract at least five (5) business days before the contract termination date unless the department determines that immediate termination is necessary to protect the safety of patients.

(f) A contract under this section shall contain provisions binding the parties to the requirements of subsections (b) through (e) of this section.

(g) The exclusive remedy for any injury or damage suffered as the result of any negligence of the health care provider or the medical facility, while acting within the scope of a contract under this act is an action against the state of Wyoming brought under the Wyoming Governmental Claims Act. Neither the patient nor any person claiming by or through the patient shall have any claim whatsoever against the health care provider or medical facility on account of health care provided to such patient within the scope of a contract under this act.

35-31-103. Disclosure; continuing education credit; rulemaking.

(a) Before a low income person receives volunteer health care services pursuant to this act, he or his legal representative shall sign a disclosure statement that informs the low income person of the following:

(i) The health care provider shall be considered a public employee of the state under the Wyoming Governmental Claims Act while providing volunteer health care under this act and that the provider's liability will be limited by the provisions of the Wyoming Governmental Claims Act;

(ii) The medical facility shall be considered a facility of the state and any individual included in the definition of medical facility in W.S. 35-31-101(a)(v) shall be considered a public employee of the state under the Wyoming Governmental Claims Act while providing volunteer health care under this act and that the facility's liability, including the liability of any individual included in the definition of medical facility, will be limited by the provisions of the Wyoming Governmental Claims Act;

(iii) Commencement of an action against the state of Wyoming pursuant to the Wyoming Governmental Claims Act shall be the exclusive remedy for any injury or damage suffered as the result of any negligence of the health care provider or the medical facility, as defined in W.S. 35-31-101(a)(v), while acting within the scope of a contract that exists between the department and the health care provider or medical facility. Neither patient nor any person claiming by or through the patient shall have any claim whatsoever against the health care provider or medical facility on account of health care provided to such patient within the scope of the contract;

(iv) The low income person may elect to decline treatment under the provisions of this act.

(b) Licensing boards may grant continuing education credit to health care providers for the performance of volunteer health care services to low income persons pursuant to this act.

(c) The department shall adopt rules necessary to implement this act.

CHAPTER 32 - GENETIC DATA PRIVACY

35-32-101. Definitions.

(a) As used in this chapter unless otherwise defined:

(i) "Authorized representative" means a person authorized by state or federal law to make health care decisions for an individual;

(ii) "DNA" means deoxyribonucleic acid;

(iii) "Genetic testing" means any laboratory test of an individual's complete DNA, regions of DNA, chromosomes or genes to determine the presence of genetic characteristics of an individual;

(iv) "Genetic characteristic" means a gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder, trait or syndrome, or to identify an individual or a blood relative;

(v) "Genetic data" means any data, regardless of its format, that concerns an individual's genetic characteristics. Genetic data includes:

(A) Raw sequence data that result from sequencing of an individual’s complete extracted or a portion of the extracted DNA;

(B) Genotypic and phenotypic information that results from analyzing the raw sequence data, including any familial inferences therefrom; and

(C) Self reported health information that an individual submits to a company regarding the individual's health conditions and that is used for scientific research or product development and analyzed in connection with the individual's raw sequence data.

(vi) "Informed consent" means the signing of a consent form or forms in writing or by electronic signature as defined in W.S. 40-21-102(a)(viii) by an individual or an individual's authorized representative which includes a description of:

(A) Any genetic testing to be performed and how the genetic testing or resulting genetic data will be used;

(B) How any genetic data will be retained or disclosed;

(C) An individual's rights under W.S. 35-32-103.

(vii) "Biological sample" means any material part of a human, discharge therefrom or derivative thereof known to contain deoxyribonucleic acid (DNA), such as tissue, blood, urine or saliva;

(viii) "Consumer" means a natural person who is a resident of the state of Wyoming;

(ix) "Deidentified data" means data that cannot be used to infer information about or otherwise be linked to an identifiable individual, and that is subject to:  (A) Administrative and technical measures to ensure that the data cannot be associated with a particular individual;

(B) Public commitment by the company to maintain and use data in deidentified form and not attempt to reidentify data; and

(C) Legally enforceable contractual obligations that prohibit any recipient of the data from attempting to reidentify the data.

(x) "Direct to consumer genetic testing company" or "company" means any person that offers consumer genetic testing products or services directly to consumers or who collects, uses or analyzes genetic data provided by a consumer;

(xi) "Express consent" means a consumer's affirmative response to a clear, meaningful and prominent notice regarding the collection, use or disclosure of the consumer's genetic data for a specific purpose.

35-32-102. Genetic testing; prohibitions; exceptions.

(a) Except as provided in subsection (b) of this section, no person conducting genetic testing shall do any of the following without the informed consent of the individual or the individual's authorized representative:

(i) Obtain an individual's genetic data;

(ii) Perform genetic testing on an individual;

(iii) Retain an individual's genetic data;

(iv) Disclose an individual's genetic data.

(b) Except as otherwise prohibited by law, an individual's genetic data may be obtained, retained, disclosed and used without informed consent for:

(i) Disclosures to the individual or the individual's authorized representative;

(ii) Law enforcement purposes otherwise authorized by law;  (iii) The state DNA database created by W.S. 7-19-402 or the comparable provisions of another jurisdiction;

(iv) The registration of sex offenders pursuant to W.S. 7-19-302;

(v) Determining paternity in accordance with a court or administrative order;

(vi) Determining the identity of a deceased individual;

(vii) Newborn screening requirements under W.S.