S-4056.1  _______________________________________________

 

                         SENATE BILL 6676

          _______________________________________________

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senators Winsley, Kline, Patterson, Franklin and Deccio

 

Read first time 01/27/98.  Referred to Committee on Health & Long‑Term Care.

Limiting care providers' liability.


    AN ACT Relating to actions against health care providers; and adding a new section to chapter 7.70 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 7.70 RCW to read as follows:

    A health care provider, as defined in RCW 48.43.005, is not liable to the patient or to any third-party payor or others under any contract or policy providing or paying for health care benefits or services, including any health plan as defined in RCW 48.43.005, which is entered into or renewed after the effective date of this act, for the decision of a third-party payor or others not to pay for or provide reimbursement for health care services recommended by the health care provider when:

    (1) The health care provider complies with any formal or informal avenues of appeal made available to the health care provider by the third-party payor or others under a health plan, as defined in RCW 48.43.005, 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 payor, informs the patient of the potential risks in not obtaining the recommended health care services, and informs the patient to comply with any formal or informal avenues of appeal made available to the patient by the third-party payor or others under a health plan, as defined in RCW 48.43.005, or under any other contract or policy providing or paying for health care benefits or services.

    This section neither creates nor defines a standard of care for the provision of such health care services.

 


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