HOUSE BILL REPORT

                 EHB 2838

                    As Passed Legislature

Title:  An act relating to mediation of health care injury disputes.

Brief Description:  Limiting mediation of health care injury disputes.

Sponsors:  Representatives Dyer, Cody, Foreman, McMahan, Goldsmith, Huff, Carlson and Robertson.

Brief History:

  Committee Activity:

Health Care:  1/30/96, 2/1/96 [DP].

  Floor Activity:

Passed House:  2/9/96, 97-0.

     Passed Legislature.

HOUSE COMMITTEE ON HEALTH CARE

Majority Report:  Do pass.  Signed by 11 members:  Representatives Dyer, Chairman; Backlund, Vice Chairman; Hymes, Vice Chairman; Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Campbell; Conway; Crouse; Sherstad; Skinner and H. Sommers.

Staff:  Charlie Gavigan (786-7340).

Background:   Washington has several provisions in law dealing with medical malpractice actions.  These health care actions, like other actions, are limited by a statute of limitations.  A statute of limitations requires court actions be brought within a specific timeframe or be barred. 

Health care actions are subject to mandatory mediation. 

If a written, good faith request for mediation is made prior to filing the action, the statute of limitations is tolled while the mediation occurs.

Summary of Bill:    If a written, good faith request for mediation is made prior to filing the action, the statute of limitations is tolled for one year, rather than for an unspecified period of time.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill puts reasonable timeframes on efforts to mediate disputes before a court action is filed.

Testimony Against:  None.

Testified:  Gary Morse, Physicians Insurance Exchange and Washington State Medical Association (supports); and Larry Shannon, Washington State Trial Lawyers Association (supports).