5028-S AMH JUDI PERR 52

SSB 5028 - H COMM AMD

By Committee on Judiciary

     On page 1, after the enacting clause, strike everything and insert the following:

     "Sec. 1.  RCW 70.02.070 and 1995 c 292 s 20 are each amended to read as follows:

(1) Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with RCW 36.18.016(5).  No record need be certified until the fee is paid.  The certification shall be affixed to the record and disclose:

     (((1))) (a) The identity of the patient;

     (((2))) (b) The kind of health care information involved;

     (((3))) (c) The identity of the person to whom the information is being furnished;

     (((4))) (d) The identity of the health care provider or facility furnishing the information;

     (((5))) (e) The number of pages of the health care information;

     (((6))) (f) The date on which the health care information is furnished; and

     (((7))) (g) That the certification is to fulfill and meet the requirements of this section.

(2) In a court of law, in an action to recover damages for personal injury, the amount stated in a health care provider=s billing statement certified under this section for treatment provided to a patient is presumed to be the usual and customary value of health care treatment, and the statement is admissible in evidence to establish that the charges are usual and customary charges in the community.  The presumption that the charges are usual and customary may be rebutted by a preponderance of the evidence.  The presumption does not shift the burden of proof that the health care treatment was for health conditions proximately caused by another's fault."

EFFECT: Clarifies that the presumption regarding certified billing statements applies only in the case of a personal injury lawsuit.  Removes references to "reasonable" or "reasonable and customary" values and charges and uses the phrase "usual and customary" throughout the provision.  Makes various grammatical changes.