| Passed by the Senate April 24, 2013 YEAS 45 ________________________________________ President of the Senate Passed by the House April 16, 2013 YEAS 96 ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5601 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to ensuring chapter 19.68 RCW is interpreted in a manner consistent with the federal antikickback statute; adding new sections to chapter 19.68 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature recognizes the
complexity of the health care delivery system and the need to provide
a clear and consistent regulatory framework to enable health care
providers to manage their operations in an efficient and effective
manner. The legislature also recognizes that the donation of
electronic health records systems reduces health care costs, promotes
patient safety, and improves the quality of health care.
(2) To further the important national policy of promoting the
widespread adoption of electronic health records systems, the federal
antikickback statute and the rules adopted to implement the statute
contain a safe harbor that allows the donation of electronic health
records systems. The federal statute and rules also contain additional
safe harbors to preserve a variety of other activities which, in many
cases, improve access to health care. For health care entities other
than clinical laboratories, the legality of all of these arrangements
is currently in question.
(3) The legislature is adding language to chapter 19.68 RCW to
clarifying existing law and ensure that, except with respect to
arrangements involving an entity which principally operates as a
clinical laboratory, it is interpreted in a manner consistent with the
federal antikickback statute.
NEW SECTION. Sec. 2 (1) Nothing in this chapter may be construed
to limit or prohibit the donation of electronic health record
technology or other activity by any entity, including a hospital
licensed under chapter 70.41 RCW that operates a clinical laboratory,
when the donation or other activity is allowed by or otherwise does not
violate, 42 U.S.C. Sec. 1320a-7b(b) or the federal rules adopted to
implement 42 U.S.C. Sec. 1320a-7b(b).
(2) This section does not apply to any entity which principally
operates as a clinical laboratory licensed or certified under section
353 of the public health service act, 42 U.S.C. Sec. 263a, or other
applicable Washington state law.
NEW SECTION. Sec. 3 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
"Electronic health record technology" means items and services, in
the form of software or information technology and training services,
necessary and used predominantly to create, maintain, transmit, or
receive electronic health records.
NEW SECTION. Sec. 4 This act applies retroactively to June 1,
2006, as well as prospectively.
NEW SECTION. Sec. 5 Sections 2 and 3 of this act are each added
to chapter 19.68 RCW.