1. LIABILITY CONSIDERATIONS FOR VOLUNTEERS
Randi Wind Milsap
General Counsel, WI Dept of Military Affairs

2. RISKY BUSINESS?

3. TYPES OF VOLUNTEERS STATE AGENCY VOLUNTEER
LOCAL UNIT OF GOVERNMENT VOLUNTEER
FEDERAL VOLUNTEER
PROVIDER OF EQUIPMENT OR SERVICES VOLUNTEER
“GOOD SAMARITAN”

4. STATE GOVERNMENT VOLUNTEER
LABOR MAY NOT BE COMPENSATED
ALLOWS FOR REIMBURSEMENT OF:
TRAVEL, LODGING & MEALS
MUST REGISTER OR PRE-REGISTER IN WRITING
GOOD FAITH ACTS OR OMISSIONS COVERED

5. STATE GOVERNMENT VOLUNTEER (con’t.)
WORKERS COMP.
COVERED AS STATE EMPLOYEE
INCLUDES TRAINING ACTIVITIES
NO CAP IN AMOUNT PAID
LIABILITY
COVERED AS STATE EMPLOYEE FOR ANY CLAIM RELATED TO ASSISTANCE PROVIDED
RECKLESS, WANTON, OR INTENTIONAL ACTS/OMISSIONS NOT COVERED

6. LOCAL UNIT OF GOVERNMENT VOLUNTEER
LABOR MAY NOT BE COMPENSATED
ALLOWS FOR REIMBURSEMENT OF:
TRAVEL, LODGING & MEALS
MUST REGISTER OR PRE-REGISTER IN WRITING
GOOD FAITH ACTS OR OMISSIONS COVERED

7. LOCAL GOV’T VOLUNTEER WORKERS COMP. LIABILITY
COVERED AS EMPLOYEE OF UNIT OF GOV’T FOR WHICH REGISTERED IN WRITING
INCLUDES TRAINING ACTIVITIES
REIMBURSED FOR EXCESS OF $1 PER CAPITA PER EVENT
LIABILITY
COVERED AS EMPLOYEE OF UNIT OF GOV’T FOR ANY CLAIM RELATED TO ASSISTANCE PROVIDED
RECKLESS, WANTON, OR INTENTIONAL ACTS/OMISSIONS NOT COVERED

8. HOW DO I REGISTER IN WRITING?
VOLUNTEER SIGN-IN SHEETS
MINIMAL CRITERIA
PRE-REGISTRATION
HAM RADIO LOGS
DISPATCH LOGS

9. FEDERAL GOVERNMENT VOLUNTEER
FEDERAL VOLUNTEER PROTECTION ACT OF 1997 (VPA)
CIVIL IMMUNITY FOR VOLUNTEERS SERVING NONPROFIT ORGANIZATIONS OR GOVERNMENT ENTITIES FOR ACTS AND OMISSIONS

10. VPA VOLUNTEER COVERAGE
PROTECTS VOLUNTEER WHO:
PERFORMS OR DIRECTS SERVICES
VOLUNTEERS FOR NONPROFIT OR GOVERNMENTAL ORGANIZATIONS
RECEIVES NO COMPENSATION OR ANYTHING VALUING MORE THAN $50/MO OR $600/YR
REASONABLE REIMBURSEMENT FOR EXPENSES ARE ALLOWED

11. VPA COVERAGE CONDITIONS
VOLUNTEER ACTING WITHIN SCOPE OF RESPONSIBILITIES AT TIME OF ACT/OMISSION
VOLUNTEER PROPERLY LICENSED, CERTIFIED OR AUTHORIZED TO ACT
NO WILLFUL, CRIMINAL OR RECKLESS MISCONDUCT
HARM NOT CAUSED BY OPERATING A VEHICLE WHERE STATE REQUIRES LICENSURE

12. INTERACTION BETWEEN STATE AND FEDERAL LAW
FEDERAL LAW PREEMPTS STATE LAW TO THE EXTENT LAW IS INCONSISTENT
DOES NOT PREEMPT STATE LAW WHERE STATE PROVIDES ADDITIONAL PROTECTION TO VOLUNTEERS

13. BOTTOM LINE:
STATE AND FEDERAL VOLUNTEER PROTECTION LAW DOES NOT MEAN THAT VOLUNTEERS CANNOT BE SUED
VOLUNTEERS ARE LIABLE FOR CRIMINAL ACTIONS

14. PROVIDERS OF EQUIPMENT OR SERVICES VOLUNTEER
CIVIL LIABILITY IMMUNITY FOR DEATH OR INJURY TO PERSONS OR PROPERTY DAMAGE
APPLIES TO ACTS OR OMISSIONS
ALSO COVERS EQUIPMENT, MATERIALS, FACILITIES & LABOR FURNISHED
DOES NOT COVER RECKLESS, WANTON, OR INTENTIONAL MISCONDUCT
NO INDEMNIFICATION

15. PROVIDERS OF EQUIPMENT OR SERVICES VOLUNTEER
CIVIL IMMUNITY CONTINGENT ON:
ACTIONS TAKEN UNDER DIRECTION OF
GOVERNOR
ADJUTANT GENERAL
GOVERNING BODY, CHIEF OR ACTING CHIEF EXEC. OFFICER OR HEAD OF EM OF COUNTY, TOWN, MUNICIPALITY OR TRIBE
DHS (IF LEAD AGENCY)
A LOCAL HEALTH DEPT AS AGENT OF DHS

16. PROVIDERS OF EQUIPMENT OR SERVICES VOLUNTEER
AND ACTIONS TAKEN ARE IN RESPONSE TO:
ENEMY ACTION, OR
A DISASTER, OR
FEDERALLY DECLARED STATE OF EMERGENCY, OR
STATE OF EMERGENCY DECLARED BY GOVERNOR

17. GOOD SAMARITAN LAW §845.48 (1) Wis. Stats.
CIVIL LIABILITY IMMUNITY
APPLIES TO PERSON WHO RENDERS “EMERGENCY CARE” AT SCENE OF EMERGENCY IN GOOD FAITH
APPLIES TO ACTS OR OMISSIONS
DOES NOT COVER RECKLESS, WANTON OR INTENTIONAL CONDUCT

18. “GOOD SAM” LIMITATIONS
DOES NOT APPLY TO EMPLOYEES TRAINED IN HEALTHCARE OR HEALTH CARE PROFESSIONALS IF:
EMERGENCY CARE RENDERED FOR COMPENSATION AND WITHIN SCOPE OF USUAL AND CUSTOMARY EMPLOYMENT
PROFESSIONAL “BENEFIT”

19. “GOOD SAM” EMERGENCY CARE RULING
MUELLER v. McMILLIAN WARNER INSURANCE CO.
REFERS TO INITIAL EVALUATION AND TREATMENT OF AN INJURED PERSON UNTIL CARE CAN BE TRANSFERRED TO MEDICAL PROFESSIONALS

20. HOW DOES HIPAA APPLY TO A VOLUNTEER?

21. HIPAA ARE YOU A “COVERED ENTITY” UNDER HIPAA?
NO, UNLESS YOU ARE REPRESENTING OR ACTING AS AN EMPLOYEE OF A HOSPITAL, HEALTH CARE CLEARINGHOUSE OR A HEALTH CARE
WRONGFUL DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION
IF YOU KNOWINGLY USE OR CAUSE TO BE USED INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION YOU CAN BE PUNISHED BY FINES UP TO $250,000 AND UP TO 10 YEARS IN PRISON
BE CAREFUL WHAT YOU SAY REGARDING HEALTH INFORMATION!

22. OTHER CONSIDERATIONS

23. DEPLOYMENT ISSUES HOW ARE VOLUNTEERS ACTIVATED OR DEPLOYED?
SELF-DEPLOYMENT?
NOTIFICATION
BACK-UP OR BUDDY SYSTEM?

24. TRANSPORTATION ISSUES
DO YOUR VOLUNTEERS TRANSPORT PATIENTS/VICTIMS?
DO YOUR VOLUNTEERS DELIVER SUPPLIES?
INSURANCE COVERAGE?
PERSONAL? ORGANIZATION?
DO VOLUNTEERS DRIVE IN HAZARDOUS CONDITIONS?

25. TRAINING ISSUES
ARE YOUR VOLUNTEERS TRAINED TO PERFORM SPECIALIZED TASKS?
DO YOU SUSPECT THAT YOUR VOLUNTEERS ARE PERFORMING TASKS FOR WHICH THEY ARE NOT TRAINED?
DO YOU HAVE SAFETY BRIEFINGS?
AGE LIMITATIONS?

26. RISK MANAGEMENT BEST PRACTICES
HELPS REDUCE LIABILITY
WHAT DO YOU PROVIDE?
SPECIALIZED TRAINING
SPECIAL EQUIPMENT
SPECIAL GEAR AND CLOTHING
ARE LISTS OF VOLUNTEERS MAINTAINED AND KEPT CURRENT?

27. RISK ASSESSMENTS DO YOU PRE-QUALIFY VOLUNTEERS?
VOLUNTEER REGISTRATION FORMS?
ID SKILLS?
ID SPECIAL TRAINING OR LICENSES HELD?
IMMUNIZATION INFORMATION?
RELEASE OF LIABILITY STATEMENTS?
PERSONAL AND FOR PROPERTY OWNERS

28. BACKGROUND CHECKS AN IMPORTANT CONSIDERATION DEVELOP A WRITTEN POLICY
PREPARED IN ADVANCE
REDUCES EXPOSURE TO HARMING THE VULNERABLE
BUILDS CREDIBILITY OF YOUR ORGANIZATION
SEXUAL OFFENDER REGISTRIES?

29. CREDENTIALING
DOES YOUR ORGANIZATION OR THE SERVICE PROVIDED REQUIRE THAT VOLUNTEERS MAINTAIN A LICENSE OR CERTIFICATION?
WHO ENSURES THAT LICENSE OR CERTIFICATION ARE CURRENT?
WHO IS CUSTODIAN OF THOSE RECORDS?

30. INSURANCE POLICIES
SHOULD YOUR ORGANIZATION MAINTAIN LIABILITY INSURANCE?
FOR VOLUNTEER INJURIES?
FOR DAMAGES CAUSED BY VOLUNTEERS?
DO YOU MAINTAIN INSURANCE COVERAGE ON YOUR VEHICLES AND SPECIAL EQUIPMENT?

31. MISCELLANEOUS CONSIDERATIONS
VICARIOUS LIABILITY TO MUNICIPALITIES
WI OPEN RECORDS LAW
INJURIES TO VOLUNTEERS
TIMELY NOTIFICATION OF “EMPLOYER”

32. HOW CAN YOU REDUCE LIABILITY?
EXERCISE SOUND REASONABLE JUDGMENT
ACT IN GOOD FAITH
MAKE DECISIONS WITH APPRECIATION OF LIABILITY CONSIDERATIONS

33. QUESTIONS OR COMMENTS?
THANK YOU FOR YOUR TIME AND ATTENTION!!