H-2975.1  _______________________________________________

                          HOUSE BILL 2380

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Dellwo and Dyer

Read first time 01/14/94.  Referred to Committee on Financial Institutions & Insurance.

Modifying malpractice insurance coverage.

    AN ACT Relating to mandated malpractice coverage for health care practitioners; and amending RCW 18.130.330.

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

    Sec. 1.  RCW 18.130.330 and 1993 c 492 s 412 are each amended to read as follows:

(1) Except to the extent that liability insurance is not available, every licensed, certified, or registered health care practitioner whose services are included in the uniform benefits package, as determined by RCW 43.72.130, and whose scope of practice includes independent practice, shall, as a condition of licensure and relicensure, be required to provide evidence of a minimum level of malpractice insurance coverage ((issued by a company authorized to do business in this state.  On or)) of a type satisfactory to the department before ((January 1, 1994,)) July 1, 1995.

The department shall designate by rule:

    (((1))) (a) Those health professions whose scope of practice includes independent practice;

    (((2))) (b) For each health profession whose scope of practice includes independent practice, whether malpractice insurance is available; ((and

    (3))) (c) If such insurance is available, the appropriate minimum level of mandated coverage; and

(d) The types of malpractice insurance coverage that will satisfy the requirements of this section.

(2) By December 1, 1994, the department of health shall submit recommendations to appropriate committees of the legislature regarding implementation of this section.  The report shall address at least the following issues:

(a) Whether exemption of a health care practitioner from the requirements of this section, including but not limited to health care practitioners employed by the federal government and retired health care practitioners, is appropriate;

(b) Whether receipt of malpractice coverage through a certified health plan should be recognized as satisfying the requirements of this section; and

(c) Whether an alternative system, such as enterprise liability, would be more cost-effective and efficient than the requirements of this section, yet still ensure adequate compensation for individuals who incur damages as a result of negligent conduct by a health care practitioner.

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