BILL REQ. #:  H-3820.1 

Read first time 01/14/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to liability for licensed health care providers; and amending RCW 4.24.300 and 43.70.460.

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

Sec. 1   RCW 4.24.300 and 2003 c 256 s 1 are each amended to read as follows:
     (1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
     (2) Any ((physician licensed under chapter 18.57 or 18.71 RCW)) licensed health care provider as listed in RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community ((clinic that is a public or private tax exempt corporation)) health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (3) For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
     (a) Is operated by a public entity or private tax exempt corporation;
     (b) Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is actually provided without compensation during those established hours; or
     (c) Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that care is being provided without compensation to individuals who have been referred for care through that community-based program.

Sec. 2   RCW 43.70.460 and 1993 c 492 s 276 are each amended to read as follows:
     (1) The department may establish a program to purchase and maintain liability malpractice insurance for retired primary care providers who provide primary health care services ((at community clinics)) to low-income patients. The following conditions apply to the program:
     (a) Primary health care services shall be provided at ((community)) clinics serving low-income patients that are public or private tax-exempt corporations or other established practice settings as defined by the department;
     (b) Primary health care services provided at the clinics shall be offered to low-income patients based on their ability to pay;
     (c) Retired primary care providers providing health care services shall not receive compensation for their services; and
     (d) The department shall contract only with a liability insurer authorized to offer liability malpractice insurance in the state.
     (2) This section and RCW 43.70.470 shall not be interpreted to require a liability insurer to provide coverage to a primary care provider should the insurer determine that coverage should not be offered to a ((physician [primary care provider])) primary care provider because of past claims experience or for other appropriate reasons.
     (3) The state and its employees who operate the program shall be immune from any civil or criminal action involving claims against clinics or ((physicians [primary care providers])) primary care providers that provided health care services under this section and RCW 43.70.470. This protection of immunity shall not extend to any clinic or primary care provider participating in the program.
     (4) The department may monitor the claims experience of retired ((physicians [primary care providers])) primary care providers covered by liability insurers contracting with the department.
     (5) The department may provide liability insurance under chapter 113, Laws of 1992 only to the extent funds are provided for this purpose by the legislature. If there are insufficient funds to support all applications for liability insurance coverage, priority shall be given to those retired primary care providers working at clinics operated by public or private tax-exempt corporations rather than clinics operated by for-profit corporations.