BILL REQ. #:  H-4127.1 

Read first time 01/20/2004.   Referred to Committee on Health Care.

     AN ACT Relating to the liability insurance program for retired primary care providers volunteering to serve low-income patients; and amending RCW 43.70.460.

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

Sec. 1   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.