S-1537.1 _______________________________________________
SENATE BILL 5880
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Williams and Moore.
Read first time February 28, 1991. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to timely notice for medicare patients; adding a new section to chapter 74.38 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that medicare rules, notices, and appeal procedures are complex and confusing to many elderly and disabled beneficiaries. The legislature further finds that it is important for beneficiaries to understand their options and rights upon admission and discharge from the hospital setting.
NEW SECTION. Sec. 2. A new section is added to chapter 74.38 RCW to read as follows:
(1) A hospital shall give written and verbal notice to any patient who is entitled to benefits under medicare of any discharge notice or notice of noncoverage required by 42 U.S.C. Sec. 1395 or 1396.
(2) The hospital shall be required to inform the patient, upon admission and discharge, both verbally and in writing, as to the patient's rights to appeal under 42 U.S.C. Sec. 1395 or 1396.
(3) The office shall convene an advisory group to develop model forms for discharge notices and appeal rights. The advisory group shall consist of representatives from consumer and advocacy groups, the peer review organization-Washington and the state hospital association. The advisory group shall also develop a medicare beneficiaries' handbook on hospital coverage, options, and appeal rights including community resources for assistance. The model forms and handbooks shall be provided to all hospitals and their use shall be implemented in all hospitals by January 1, 1992.
(4) The notices of discharge and appeal and the handbook shall use large print and shall be written to meet or exceed a Flesch reading ease score of sixty-five.
(5) Any patient aggrieved by a violation of this section shall have immediate standing in the superior court. The court may award costs and attorneys' fees to a patient who prevails.
(6) For the purposes of this section, "medicare" has the same meaning as given in RCW 48.41.030; and "hospital" has the same meaning as given in RCW 70.41.020.
NEW SECTION. Sec. 3. If any part of this act is found to be in conflict with federal medicare requirements, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state, hospitals, or medicare patients.