BILL REQ. #:  H-3601.2 

Read first time 01/16/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to prohibiting civil or criminal liabilities or penalties for actions related to the Washington state health insurance pool; and amending RCW 48.41.190.

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

Sec. 1   RCW 48.41.190 and 1989 c 121 s 10 are each amended to read as follows:
     ((Neither the participation by members, the establishment of rates, forms, or procedures for coverages issued by the pool, nor any other joint or collective action required by this chapter or the state of Washington shall be the basis of any legal action,)) There shall be no civil or criminal liability or penalty ((against the pool, any member of the board of directors, or members of the pool either jointly or separately)) on the part of, and no cause of action of any nature shall arise against, the pool; against any member, board director, officer, or employee of the pool; or against the commissioner or the commissioner's representatives or employees, for any action taken or not taken in good faith, including any discretionary decision or failure to make a discretionary decision, in the performance of the powers and duties under this chapter.