Passed by the House February 16, 2004 Yeas 88   ________________________________________ Speaker of the House of Representatives Passed by the Senate March 11, 2004 Yeas 49   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2788 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 02/05/04.
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 and 43.70.470.
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.
Sec. 2 RCW 43.70.470 and 1993 c 492 s 277 are each amended to
read as follows:
The department may establish by rule the conditions of
participation in the liability insurance program by retired primary
care providers at clinics utilizing retired ((physicians [primary care
providers])) primary care providers for the purposes of this section
and RCW 43.70.460. These conditions shall include, but not be limited
to, the following:
(1) The participating primary care provider associated with the
clinic shall hold a valid license to practice as a physician under
chapter 18.71 or 18.57 RCW, a naturopath under chapter 18.36A RCW, a
physician assistant under chapter 18.71A or 18.57A RCW, an advanced
registered nurse practitioner under chapter 18.88 RCW, a dentist under
chapter 18.32 RCW, or other health professionals as may be deemed in
short supply in the health personnel resource plan under chapter
28B.125 RCW. A primary care provider may include a specialist who is
practicing in a primary care capacity. All primary care providers must
be in conformity with current requirements for licensure as a retired
primary care provider, including continuing education requirements;
(2) The participating primary care provider shall limit the scope
of practice in the clinic to primary care. Primary care shall be
limited to noninvasive procedures and shall not include obstetrical
care, or any specialized care and treatment. Noninvasive procedures
include injections, suturing of minor lacerations, and incisions of
boils or superficial abscesses. Primary dental care shall be limited
to diagnosis, oral hygiene, restoration, and extractions and shall not
include orthodontia, or other specialized care and treatment;
(3) The provision of liability insurance coverage shall not extend
to acts outside the scope of rendering medical services pursuant to
this section and RCW 43.70.460;
(4) The participating primary care provider shall limit the
provision of health care services to primarily low-income persons
provided that clinics may, but are not required to, provide means tests
for eligibility as a condition for obtaining health care services;
(5) The participating primary care provider shall not accept
compensation for providing health care services from patients served
pursuant to this section and RCW 43.70.460, nor from clinics serving
these patients. "Compensation" shall mean any remuneration of value to
the participating primary care provider for services provided by the
primary care provider, but shall not be construed to include any
nominal copayments charged by the clinic, nor reimbursement of related
expenses of a participating primary care provider authorized by the
clinic in advance of being incurred; and
(6) The use of mediation or arbitration for resolving questions of
potential liability may be used, however any mediation or arbitration
agreement format shall be expressed in terms clear enough for a person
with a sixth grade level of education to understand, and on a form no
longer than one page in length.