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AN ACT Relating to health care liability reform; adding a new section to chapter 4.24 RCW; adding new sections to chapter 7.70 RCW; adding a new section to chapter 18.130 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:

LIABILITY REFORM. (1) The claimant's attorney shall file the certificate specified in subsection (2) of this section within thirty days of filing or service, whichever occurs later, any action for damages arising out of the professional negligence of a person licensed, registered, or certified under Title 18 RCW.

(2) The certificate issued by the claimant's attorney shall declare:

(a) That the attorney has reviewed the facts of the case;

(b) That the attorney has consulted with at least one qualified expert who holds a license, certificate, or registration issued by this state or another state in the same profession as that of the defendant, who practices in the same specialty or subspecialty as the defendant, and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action;

(d) That the expert is willing and available to testify to admissible facts or opinions; and

(e) That the attorney has concluded on the basis of such review and consultation that there is reasonable and meritorious cause for the filing of such action.

(3) Where a certificate is required under this section, and where there are multiple defendants, the certificate or certificates must state the attorney's conclusion that on the basis of review and expert consultation, there is reasonable and meritorious cause for the filing of such action as to each defendant.

(4) The provisions of this section shall not be applicable to a plaintiff who is not represented by an attorney.

(5) Violation of this section shall be grounds for either dismissal of the case or sanctions against the attorney, or both, as the court deems appropriate.

NEW SECTION. Sec. 2. Section 1 of this act applies to all actions for damages arising out of professional negligence filed on or after the effective date of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 7.70 RCW to read as follows:

A health care provider, as defined in chapter 48.43 RCW, shall not be liable for the decision of a third party payer or others not to pay for or provide reimbursement for health care services recommended by the health care provider, provided:

(1) The health care provider complies with any formal or informal avenues of appeal made available by the third party payer or others under a health plan, as defined in chapter 48.43 RCW, or under any other contract or policy providing or paying for health care benefits or services; and

(2) The health care provider advises the patient to obtain the recommended care, even if not covered by the third party payer, and informs the patient of the potential risks in not obtaining the recommended health care services.

NEW SECTION. Sec. 4. A new section is added to chapter 7.70 RCW to read as follows:

(1) Even when the physician-patient privilege is waived, defendant, including defendant's counsel, shall not engage in ex parte contact with health care providers that have provided health care services to the plaintiff. Once the action is commenced under chapter 4.28 RCW, the plaintiff, including plaintiff's attorney, also shall not engage in ex parte contact with health care providers regarding the health care provided to plaintiff that is related to the cause of action.

(2) This section does not apply to actions under Title 51 RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 18.130 RCW to read as follows:

(1) Except to the extent that liability insurance is not available, every licensed, certified, or registered health care practitioner whose services are included in the standard benefits package, as determined in chapter 48.43 RCW, and whose scope of practice includes independent practice, shall, as a condition of licensure and relicensure, be required to provide evidence of a minimum level of malpractice insurance coverage of a type satisfactory to the department before January 1, 1996.

The department shall designate by rule:

(a) Those health professions whose scope of practice includes independent practice;

(b) For each health profession whose scope of practice includes independent practice, whether malpractice insurance is available;

(d) The types of malpractice insurance coverage that will satisfy the requirements of this section.

(2) By December 1, 1994, the department of health shall submit recommendations to appropriate committees of the legislature regarding implementation of this section. The report shall address at least the following issues:

(a) Whether exemption of a health care practitioner from the requirements of this section, including but not limited to health care practitioners employed by the federal government and retired health care practitioners, is appropriate; and

(b) Whether malpractice coverage provided by an employer should be recognized as satisfying the requirements of this section.