FINAL BILL REPORT
SSB 5501
C 157 L 89
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.
Senate Committee on Health Care & Corrections
House Committe on Health Care
SYNOPSIS AS ENACTED
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 to provide basic medical care to inmates. The secretary may provide for indemnification from liability on any health care claim where the practitioner acted in good faith. 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.
VOTES ON FINAL PASSAGE:
Senate 46 0
House 96 0
EFFECTIVE:July 23, 1989