Subject to subsection (b) of this section and notwithstanding section 1342 of title 31, the Chief Operating Officer or the Administrator of a facility of the Retirement Home may accept from any person voluntary personal services or gratuitous services.
(1) The Chief Operating Officer or the Administrator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted.
(2) The Chief Operating Officer or Administrator shall—
(A) supervise the person providing the services to the same extent as that official would supervise a compensated employee providing similar services; and
(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable laws or regulations to provide such services.
(3) A person providing services accepted under subsection (a) of this section may not—
(A) serve in a policymaking position of the Retirement Home; or
(B) be compensated for the services by the Retirement Home.
The Chief Operating Officer or the Administrator of a facility of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a) of this section.
(1) Subject to paragraph (3), while providing services accepted under subsection (a) of this section or receiving training under subsection (c) of this section, a person shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).
(B) Chapter 171 of title 28 (relating to claims for damages or loss).
(2) A person providing services accepted under subsection (a) of this section shall be considered to be an employee of the Federal Government under paragraph (1) only with respect to services that are within the scope of the services accepted.
(3) For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this subsection) to a person providing services accepted under subsection (a) of this section, the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying—
(A) the average monthly number of hours that the person provided the services, by
(B) the minimum wage determined in accordance with section 206(a)(1) of title 29.
The Chief Operating Officer or the Administrator of a facility accepting services under subsection (a) of this section may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a) of this section. The Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this subsection.
(Pub. L. 101–510, div. A, title XV, §1522, as added Pub. L. 104–201, div. A, title X, §1052(a), Sept. 23, 1996, 110 Stat. 2649; amended Pub. L. 107–107, div. A, title XIV, §1404(b)(4), Dec. 28, 2001, 115 Stat. 1260; Pub. L. 112–81, div. A, title V, §564(b)(1), Dec. 31, 2011, 125 Stat. 1424.)
Sections: Previous 411 412 413 413a 414 415 416 416a 417 418 419 420 421 422 423 Next
Last modified: October 26, 2015