H-0777.1                  _______________________________________________

                                                      HOUSE BILL 1469

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives L. Johnson, Morris, Long and Thibaudeau

Read first time 01/29/93.  Referred to Committee on Corrections.

Clarifying that the department of social and health services is not required to reimburse certain health care costs under the limited casualty program.

          AN ACT Relating to reimbursement of medical costs for care provided to confined persons; amending RCW 70.48.130; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 70.48.130 and 1986 c 118 s 9 are each amended to read as follows:

          Payment for emergency or necessary health care shall be by the governing unit, except that the department of social and health services shall reimburse the governing unit for the cost thereof if the confined person requires treatment for which such person is eligible under the department of social and health services' public assistance medical program.  Nothing in this section requires the department of social and health services to reimburse the governing unit for costs in excess of the rates it sets or the benefits it provides for nonconfined medically indigent people under the limited casualty program authorized pursuant to RCW 74.09.700.

          The governing unit may obtain reimbursement from the confined person for the cost of emergency and other health care to the extent that such person is reasonably able to pay for such care, including reimbursement from any insurance program or from other medical benefit programs available to such person.  To the extent that a confined person is unable to be financially responsible for medical care and is ineligible for financial assistance from the department or from a private source, the governing unit may obtain reimbursement for the cost of such services from the unit of government whose law enforcement officers initiated the charges on which the person is being held in the jail:  PROVIDED, That reimbursement for the cost of such services shall be by the state for state prisoners being held in a jail who are accused of either escaping from a state facility or of committing an offense in a state facility.

          There shall be no right of reimbursement to the governing unit from units of government whose law enforcement officers initiated the charges for which a person is being held in the jail for care provided after the charges are disposed of by sentencing or otherwise, unless by intergovernmental agreement pursuant to chapter 39.34 RCW.

          This section is not intended to limit or change any existing right of any party, governing unit, or unit of government against the person receiving the care for the cost of the care provided or paid for.

          Under no circumstance shall necessary medical services be denied or delayed pending a determination of financial responsibility.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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