S-3825 _______________________________________________
SENATE BILL NO. 4699
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State of Washington 49th Legislature 1986 Regular Session
By Senators Goltz, Kiskaddon, Moore and Bauer
Read first time 1/21/86 and referred to Committee on Human Services & Corrections.
AN ACT Relating to providing prenatal and obstetrical care to uninsured pregnant women; adding a new chapter to Title 70 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that lack of prenatal and obstetrical care is a major threat to women and to their children; that twenty-five percent of all pregnant women receive late, little, or no prenatal or obstetrical care; that lack of prenatal and obstetrical care leads to greater risks for mothers and children at birth; that mothers without prenatal care are three times more likely than those with prenatal care to deliver a low birthweight baby; that low birthweight babies are more likely to suffer from handicaps, cerebral palsy, seizure disorders, retardation, autism, epilepsy, vision or hearing impairments, and learning disabilities or developmental delays; and that mothers without prenatal care sometimes choose a late abortion rather than face delivering an unhealthy child.
The legislature also finds that this risk has lead to high rates of medical malpractice lawsuits related to births where insufficient prenatal and obstetrical care was available and that a result of the increased rate of lawsuits has lead to very high premium rates for malpractice insurance for obstetricians and that these high rates have lead many obstetricians to curtail services for women who have not had proper prenatal care.
The legislature also finds that it is in the best interest of the women and families of the state of Washington to assure the provision of adequate prenatal and obstetrical services to all pregnant women; that the provision of such services will reduce the need for abortion; and that such care will lead to more healthy, uncomplicated births and will help stabilize medical malpractice insurance premium rates for obstetricians.
NEW SECTION. Sec. 2. The state department of social and health services may establish prenatal and obstetrical care clinics through contracts with county health departments, public and private hospitals, or health care providers, including, but not limited to physicians, nurses, nurse midwives, dieticians, and such other licensed or registered professionals as the department may choose. These clinics shall give prenatal and obstetrical care and immediate postnatal care to eligible mothers and infants as provided in section 3 of this act. The contracts shall require the most appropriate health care by the most appropriate professional. At the department's discretion, it may establish contracts through bids in accordance with rules established by the department and consistent with other state law.
NEW SECTION. Sec. 3. The prenatal and obstetrical health care provided for in this chapter shall be available to all pregnant women domiciled in the state of Washington who do not have medical insurance through employment or purchased privately.
NEW SECTION. Sec. 4. Prenatal and obstetrical health care includes all medical procedures deemed necessary by the health care professionals employed by the clinics and delivery services at the time of birth. Immediate postnatal care for infants includes necessary care for any complication occurring during birth or any complication, illness, or disease that develops during the first six months of the infant's life. Immediate postnatal care for the mother includes necessary care for any complication resulting from birth, or any illness or disease that develops during the month following the birth.
NEW SECTION. Sec. 5. For all care prescribed and given by health care professionals in the course of their work at the state-contracted prenatal and obstetrical care clinics, the state of Washington shall assume complete liability for any tortious actions: PROVIDED, That the state shall not be liable in any case where the contracting institution is found to be grossly negligent.
NEW SECTION. Sec. 6. The department shall publicize these services to all women of childbearing age through a variety of marketing and advertising techniques.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.