HOUSE BILL REPORT

SSB 5501

BYSenate Committee on Health Care & Corrections (originally sponsored by Senators West, Wojahn, Niemi, Johnson and Amondson; by request of Department of Corrections)

Modifying indemnification of contract providers to the department of corrections.

House Committe on Health Care

Majority Report:  Do pass.  (11)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, Sommers, Sprenkle, Vekich and Wolfe.

House Staff:Antonio Sanchez (786-7383)

AS PASSED HOUSE APRIL 12, 1989

BACKGROUND:

The Department of Corrections contracts with health care practitioners to provide some medical services to prison inmates.  Malpractice insurance coverage for physicians serving prison inmates has become virtually impossible to obtain in the last few years.  For this reason, the department has experienced difficulty in attracting physicians to serve the inmate population.

In order to attract physicians, the department has been including an indemnification provision in its contracts with health care practitioners for the last few years.  It allows the department to assume liability resulting from any action, claim or proceeding instituted against a practitioner who performs services in good faith on behalf of the department.  The department does not have written statutory authority to assume this contractual liability, so there is concern that the provision might be inadequate to protect physicians.

SUMMARY:

The Secretary of the Department of Corrections may enter into contracts with health care practitioners or other entities as may be necessary to provide basic medical care to inmates.  The secretary may provide for indemnification of health care practitioners from liability on any claim where the practitioner acted in good faith to perform services on behalf of the department.  The Department of Corrections is directed to enter into these indemnification contracts only when the practitioners are unable, upon showing reasonable effort, to obtain professional liability insurance on their own.

The department may also develop and implement a health services plan for the delivery of health care services to inmates.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Jim Russell, Department of Corrections and Edith Rice, Department of Corrections.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Indemnification of health professionals will allow the Department of Corrections to continue to hire and retain needed professional care givers.

House Committee - Testimony Against:      None Presented.