1589-S.E AMS HEA S3032.2
ESHB 1589 - S COMM AMD
By Committee on Health & Long-Term Care
ADOPTED 4/14/95
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.70 RCW to read as follows:
QUALITY ASSURANCE‑-INTERAGENCY COOPERATION--ELIMINATION AND COORDINATION OF DUPLICATE STATE PROGRAMS. No later than July 1, 1995, the department of health together with the health care authority, the department of social and health services, the office of the insurance commissioner, and the department of labor and industries shall form an interagency group for coordination and consultation on quality assurance activities. By December 31, 1996, the group shall review all state agency programs governing health service quality assurance and shall recommend to the legislature, the consolidation, coordination, or elimination of rules and programs that would be made unnecessary pursuant to the development of a uniform quality assurance and improvement program.
NEW SECTION. Sec. 2. A new section is added to chapter 48.43 RCW to read as follows:
No public or private health care payer subject to the jurisdiction of the state of Washington shall propose, issue, sign, or renew a provider agreement or enrollee service agreement that contains a clause whose effect, in any way, is to disclaim liability for the care delivered or not delivered to an enrollee because of a decision of the payer as to whether the care was a covered service, medically necessary, economically provided, medically appropriate, or similar consideration. Similarly, no clause shall attempt to shift liability for harm caused by such payer decision as to whether care should be delivered, as opposed to paid for, is between the provider and patient alone as if the fact of whether or not care is paid for played little or no role in a patient's decision to obtain care. Nothing in this section shall be inferred to result in liability to anyone for the payer's payment decisions that are consistent with the language of the applicable service agreement or consistent with the cost-effective delivery of health care. The intent of this section is only to prevent payers from shifting their liability for payment decisions to either providers, or enrollees, or both.
NEW SECTION. Sec. 3. RCW 70.170.080 and 1993 sp.s. c 24 s 925, 1991 sp.s. c 13 s 71, & 1989 1st ex.s. c 9 s 508 are each repealed.
NEW SECTION. Sec. 4. If specific funding through the health services account to continue the comprehensive hospital abstract reporting system is not provided by June 30, 1995, in the omnibus appropriations act, section 3 of this act is null and void.
NEW SECTION. Sec. 5. CAPTIONS. Captions as used in this act constitute no part of the law.
NEW SECTION. Sec. 6. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 7. EMERGENCY CLAUSE‑-EFFECTIVE DATE. 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 July 1, 1995."
ESHB 1589 - S COMM AMD
By Committee on Health & Long-Term Care
ADOPTED 4/14/95
On page 1, line 1 of the title, after "assurance;" strike the remainder of the title and insert "adding a new section to chapter 43.70 RCW; adding a new section to chapter 48.43 RCW; creating new sections; repealing RCW 70.170.080; providing an effective date; and declaring an emergency."
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