S-5111.1 _______________________________________________
SUBSTITUTE SENATE BILL 6347
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State of Washington 54th Legislature 1996 Regular Session
By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Kohl, Quigley, Winsley, Wojahn, Wood, Franklin and Thibaudeau)
Read first time 02/02/96.
AN ACT Relating to whistleblower complaints against health carriers; and amending RCW 43.70.075.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.70.075 and 1995 c 265 s 19 are each amended to read as follows:
(1) The identity of a
whistleblower who complains, in good faith, to the department of health about
the improper quality of care by a health care provider, or in a health care
facility, as defined in RCW ((43.72.010)) 48.43.005 that is regulated
by the department of health, shall remain confidential. The identity of
a whistleblower who complains, in good faith, to the department of social and
health services about the improper quality of care in a health care facility,
as defined in RCW 48.43.005 that is regulated by or under contract to provide
services for the department of social and health services, shall remain
confidential. The identity of a whistleblower who complains, in good faith, to
the office of the insurance commissioner about improper quality of care by a
health carrier, as defined in RCW 48.43.005, shall remain confidential.
The provisions of RCW 4.24.500 through 4.24.520, providing certain protections
to persons who communicate to government agencies, shall apply to complaints
filed under this section. The identity of the whistleblower shall remain
confidential unless the respective department or office
determines that the complaint was not made in good faith. An employee who is a
whistleblower, as defined in this section, and who as a result of being a
whistleblower has been subjected to workplace reprisal or retaliatory action
has the remedies provided under chapter 49.60 RCW.
(2)(a) "Improper quality of care" means any practice, procedure, action, or failure to act that violates any state law or rule of the applicable state health licensing authority under Title 18 or chapters 70.41, 70.96A, 70.127, 70.175, 71.05, 71.12, and 71.24 RCW or violates any state law or rule adopted under Title 48 RCW or chapter 265, Laws of 1995, regulating health carriers, and is enforced by the department of health, the department of social and health services, or the insurance commissioner. Each health disciplinary authority as defined in RCW 18.130.040 may, with consultation and interdisciplinary coordination provided by the state department of health, adopt rules defining accepted standards of practice for their profession that shall further define improper quality of care. Improper quality of care shall not include good faith personnel actions related to employee performance or actions taken according to established terms and conditions of employment.
(b) "Reprisal or retaliatory action" means but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct pursuant to Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; and a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower.
(c) "Whistleblower" means a consumer, employee, or health care professional who in good faith reports alleged quality of care concerns to the department of health.
(3) Nothing in this section prohibits a health care facility from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
(4) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under Title 18 RCW for health professionals or health care facilities regulated by the department.
(5) The department of social and health services shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures for health facilities regulated by or under contract to provide services for the department.
(6) The office of the insurance commissioner shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under Title 48 RCW and chapter 265, Laws of 1995, for health carriers.
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