_______________________________________________
SUBSTITUTE
HOUSE BILL 1469
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 03/01/93.
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:
It is the intent of the legislature that all
jail inmates receive appropriate and cost-effective emergency and necessary
medical care. Governing units, the department of social and health services,
and medical care providers shall cooperate to achieve the best rates consistent
with adequate care.
Payment for emergency or necessary health care
shall be by the governing unit, except that the department of social and health
services shall directly 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)) provider pursuant to chapter 74.09 RCW, in accordance
with the rates and benefits established by the department, if the confined
person is eligible under the department's medical care programs as authorized
under chapter 74.09 RCW. After payment by the department, the financial
responsibility for any remaining balance, including unpaid client liabilities that
are a condition of eligibility or participation under chapter 74.09 RCW, shall
be borne by the medical care provider and the governing unit as may be mutually
agreed upon between the medical care provider and the governing unit. In the
absence of mutual agreement between the medical care provider and the governing
unit, the financial responsibility for any remaining balance shall be borne
equally between the medical care provider and the governing unit. Total
payments from all sources to providers for care rendered to confined persons
eligible under chapter 74.09 RCW shall not exceed the amounts that would be
paid by the department for similar services provided under Title XIX medicaid,
unless additional resources are obtained from the confined person.
As part of the screening
process upon booking or preparation of an
inmate into jail, general information concerning the
inmate's ability to pay for medical care shall be identified, including
insurance or other medical benefits or resources to which an inmate is
entitled. This information shall be made available to the department, the
governing unit, and any provider of health care services.
The governing unit or provider 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)) services not provided under chapter 74.09
RCW, including reimbursement from any insurance program or from other
medical benefit programs available to ((such)) the confined
person. Nothing in this chapter precludes civil or criminal remedies to
recover the costs of medical care provided jail inmates or paid for on behalf
of inmates by the governing unit. As part of a judgment and sentence, the
courts are authorized to order defendants to repay all or part of the medical
costs incurred by the governing unit or provider during confinement.
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
department's medical care programs under chapter 74.09 RCW, or for coverage
from private sources, and in the absence of an interlocal agreement or other
contracts to the contrary, the governing unit may obtain reimbursement for
the cost of such medical 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)) because of disputes over
the cost of medical care or a determination of financial responsibility for
payment of the costs of medical care provided to confined persons.
Nothing in this section shall limit 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.
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.
